Author: Naomi R. Lamoreaux
Publisher: Harvard University Press
ISBN: 0674977718
Category : History
Languages : en
Pages : 336
Book Description
Recent U.S. Supreme Court decisions in Citizens United and other high-profile cases have sparked passionate disagreement about the proper role of corporations in American democracy. Partisans on both sides have made bold claims, often with little basis in historical facts. Bringing together leading scholars of history, law, and political science, Corporations and American Democracy provides the historical and intellectual grounding necessary to put today’s corporate policy debates in proper context. From the nation’s founding to the present, Americans have regarded corporations with ambivalence—embracing their potential to revolutionize economic life and yet remaining wary of their capacity to undermine democratic institutions. Although corporations were originally created to give businesses and other associations special legal rights and privileges, historically they were denied many of the constitutional protections afforded flesh-and-blood citizens. This comprehensive volume covers a range of topics, including the origins of corporations in English and American law, the historical shift from special charters to general incorporation, the increased variety of corporations that this shift made possible, and the roots of modern corporate regulation in the Progressive Era and New Deal. It also covers the evolution of judicial views of corporate rights, particularly since corporations have become the form of choice for an increasing variety of nonbusiness organizations, including political advocacy groups. Ironically, in today’s global economy the decline of large, vertically integrated corporations—the type of corporation that past reform movements fought so hard to regulate—poses some of the newest challenges to effective government oversight of the economy.
Corporations and American Democracy
Author: Naomi R. Lamoreaux
Publisher: Harvard University Press
ISBN: 0674977718
Category : History
Languages : en
Pages : 336
Book Description
Recent U.S. Supreme Court decisions in Citizens United and other high-profile cases have sparked passionate disagreement about the proper role of corporations in American democracy. Partisans on both sides have made bold claims, often with little basis in historical facts. Bringing together leading scholars of history, law, and political science, Corporations and American Democracy provides the historical and intellectual grounding necessary to put today’s corporate policy debates in proper context. From the nation’s founding to the present, Americans have regarded corporations with ambivalence—embracing their potential to revolutionize economic life and yet remaining wary of their capacity to undermine democratic institutions. Although corporations were originally created to give businesses and other associations special legal rights and privileges, historically they were denied many of the constitutional protections afforded flesh-and-blood citizens. This comprehensive volume covers a range of topics, including the origins of corporations in English and American law, the historical shift from special charters to general incorporation, the increased variety of corporations that this shift made possible, and the roots of modern corporate regulation in the Progressive Era and New Deal. It also covers the evolution of judicial views of corporate rights, particularly since corporations have become the form of choice for an increasing variety of nonbusiness organizations, including political advocacy groups. Ironically, in today’s global economy the decline of large, vertically integrated corporations—the type of corporation that past reform movements fought so hard to regulate—poses some of the newest challenges to effective government oversight of the economy.
Publisher: Harvard University Press
ISBN: 0674977718
Category : History
Languages : en
Pages : 336
Book Description
Recent U.S. Supreme Court decisions in Citizens United and other high-profile cases have sparked passionate disagreement about the proper role of corporations in American democracy. Partisans on both sides have made bold claims, often with little basis in historical facts. Bringing together leading scholars of history, law, and political science, Corporations and American Democracy provides the historical and intellectual grounding necessary to put today’s corporate policy debates in proper context. From the nation’s founding to the present, Americans have regarded corporations with ambivalence—embracing their potential to revolutionize economic life and yet remaining wary of their capacity to undermine democratic institutions. Although corporations were originally created to give businesses and other associations special legal rights and privileges, historically they were denied many of the constitutional protections afforded flesh-and-blood citizens. This comprehensive volume covers a range of topics, including the origins of corporations in English and American law, the historical shift from special charters to general incorporation, the increased variety of corporations that this shift made possible, and the roots of modern corporate regulation in the Progressive Era and New Deal. It also covers the evolution of judicial views of corporate rights, particularly since corporations have become the form of choice for an increasing variety of nonbusiness organizations, including political advocacy groups. Ironically, in today’s global economy the decline of large, vertically integrated corporations—the type of corporation that past reform movements fought so hard to regulate—poses some of the newest challenges to effective government oversight of the economy.
Corporations and American Democracy
Author: Naomi R. Lamoreaux
Publisher: Harvard University Press
ISBN: 9780674972285
Category : History
Languages : en
Pages : 0
Book Description
Recent U.S. Supreme Court decisions in Citizens United and other high-profile cases have sparked passionate disagreement about the proper role of corporations in American democracy. Partisans on both sides have made bold claims, often with little basis in historical facts. Bringing together leading scholars of history, law, and political science, Corporations and American Democracy provides the historical and intellectual grounding necessary to put today’s corporate policy debates in proper context. From the nation’s founding to the present, Americans have regarded corporations with ambivalence—embracing their potential to revolutionize economic life and yet remaining wary of their capacity to undermine democratic institutions. Although corporations were originally created to give businesses and other associations special legal rights and privileges, historically they were denied many of the constitutional protections afforded flesh-and-blood citizens. This comprehensive volume covers a range of topics, including the origins of corporations in English and American law, the historical shift from special charters to general incorporation, the increased variety of corporations that this shift made possible, and the roots of modern corporate regulation in the Progressive Era and New Deal. It also covers the evolution of judicial views of corporate rights, particularly since corporations have become the form of choice for an increasing variety of nonbusiness organizations, including political advocacy groups. Ironically, in today’s global economy the decline of large, vertically integrated corporations—the type of corporation that past reform movements fought so hard to regulate—poses some of the newest challenges to effective government oversight of the economy.
Publisher: Harvard University Press
ISBN: 9780674972285
Category : History
Languages : en
Pages : 0
Book Description
Recent U.S. Supreme Court decisions in Citizens United and other high-profile cases have sparked passionate disagreement about the proper role of corporations in American democracy. Partisans on both sides have made bold claims, often with little basis in historical facts. Bringing together leading scholars of history, law, and political science, Corporations and American Democracy provides the historical and intellectual grounding necessary to put today’s corporate policy debates in proper context. From the nation’s founding to the present, Americans have regarded corporations with ambivalence—embracing their potential to revolutionize economic life and yet remaining wary of their capacity to undermine democratic institutions. Although corporations were originally created to give businesses and other associations special legal rights and privileges, historically they were denied many of the constitutional protections afforded flesh-and-blood citizens. This comprehensive volume covers a range of topics, including the origins of corporations in English and American law, the historical shift from special charters to general incorporation, the increased variety of corporations that this shift made possible, and the roots of modern corporate regulation in the Progressive Era and New Deal. It also covers the evolution of judicial views of corporate rights, particularly since corporations have become the form of choice for an increasing variety of nonbusiness organizations, including political advocacy groups. Ironically, in today’s global economy the decline of large, vertically integrated corporations—the type of corporation that past reform movements fought so hard to regulate—poses some of the newest challenges to effective government oversight of the economy.
We the Corporations: How American Businesses Won Their Civil Rights
Author: Adam Winkler
Publisher: Liveright Publishing
ISBN: 0871403846
Category : Law
Languages : en
Pages : 485
Book Description
National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Publisher: Liveright Publishing
ISBN: 0871403846
Category : Law
Languages : en
Pages : 485
Book Description
National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Captured
Author: Sheldon Whitehouse
Publisher: New Press, The
ISBN: 1620972085
Category : Political Science
Languages : en
Pages : 237
Book Description
A U.S. senator, leading the fight against money in politics, chronicles the long shadow corporate power has cast over our democracy In Captured, U.S. Senator and former federal prosecutor Sheldon Whitehouse offers an eye-opening take on what corporate influence looks like today from the Senate Floor, adding a first-hand perspective to Jane Mayer’s Dark Money. Americans know something is wrong in their government. Senator Whitehouse combines history, legal scholarship, and personal experiences to provide the first hands-on, comprehensive explanation of what's gone wrong, exposing multiple avenues through which our government has been infiltrated and disabled by corporate powers. Captured reveals an original oversight by the Founders, and shows how and why corporate power has exploited that vulnerability: to strike fear in elected representatives who don’t “get right” by threatening million-dollar "dark money" election attacks (a threat more effective and less expensive than the actual attack); to stack the judiciary—even the Supreme Court—in "business-friendly" ways; to "capture” the administrative agencies meant to regulate corporate behavior; to undermine the civil jury, the Constitution's last bastion for ordinary citizens; and to create a corporate "alternate reality" on public health and safety issues like climate change. Captured shows that in this centuries-long struggle between corporate power and individual liberty, we can and must take our American government back into our own hands.
Publisher: New Press, The
ISBN: 1620972085
Category : Political Science
Languages : en
Pages : 237
Book Description
A U.S. senator, leading the fight against money in politics, chronicles the long shadow corporate power has cast over our democracy In Captured, U.S. Senator and former federal prosecutor Sheldon Whitehouse offers an eye-opening take on what corporate influence looks like today from the Senate Floor, adding a first-hand perspective to Jane Mayer’s Dark Money. Americans know something is wrong in their government. Senator Whitehouse combines history, legal scholarship, and personal experiences to provide the first hands-on, comprehensive explanation of what's gone wrong, exposing multiple avenues through which our government has been infiltrated and disabled by corporate powers. Captured reveals an original oversight by the Founders, and shows how and why corporate power has exploited that vulnerability: to strike fear in elected representatives who don’t “get right” by threatening million-dollar "dark money" election attacks (a threat more effective and less expensive than the actual attack); to stack the judiciary—even the Supreme Court—in "business-friendly" ways; to "capture” the administrative agencies meant to regulate corporate behavior; to undermine the civil jury, the Constitution's last bastion for ordinary citizens; and to create a corporate "alternate reality" on public health and safety issues like climate change. Captured shows that in this centuries-long struggle between corporate power and individual liberty, we can and must take our American government back into our own hands.
The New Corporation
Author: Joel Bakan
Publisher: Vintage
ISBN: 1984899724
Category : Business & Economics
Languages : en
Pages : 0
Book Description
A deeply informed and unflinching look at the way corporations have slyly rebranded themselves as socially conscious entities ready to tackle society's problems, while CEO compensation soars, income inequality is at all-time highs, and democracy sits in a precarious situation. “A very important book, an arresting study directed to a central issue of the times” (Noam Chomsky), from the author of The Corporation: The Pathological Pursuit of Profit and Power. Over the last decade and a half, business leaders have been calling for a new kind of capitalism. With income inequality soaring, wages stagnating, and a climate crisis escalating, they realized that they had to make social and environmental values the very core of their messaging. The problem is corporations are still, first and foremost, concerned with their bottom line. In lucid and engaging prose, Joel Bakan documents how increasing corporate freedom encroaches on individual liberty and democracy. Through deep research and interviews with both top executives and their sharpest critics, he exposes the inhumanity and destructive force of the current order--profit-driven privatization subverting the public good, governments neglecting duties to protect the environment, the increasing alienation we experience as every aspect of life is economized, and how the Covid-19 pandemic lays bare the unjust fault lines of our corporate-led society. Beyond diagnosing major problems, in The New Corporation Bakan narrates a hopeful path forward. He reveals how citizens around the world are fighting back and making gains in ways that bolster democracy and benefit ordinary citizens rather than the corporate elite.
Publisher: Vintage
ISBN: 1984899724
Category : Business & Economics
Languages : en
Pages : 0
Book Description
A deeply informed and unflinching look at the way corporations have slyly rebranded themselves as socially conscious entities ready to tackle society's problems, while CEO compensation soars, income inequality is at all-time highs, and democracy sits in a precarious situation. “A very important book, an arresting study directed to a central issue of the times” (Noam Chomsky), from the author of The Corporation: The Pathological Pursuit of Profit and Power. Over the last decade and a half, business leaders have been calling for a new kind of capitalism. With income inequality soaring, wages stagnating, and a climate crisis escalating, they realized that they had to make social and environmental values the very core of their messaging. The problem is corporations are still, first and foremost, concerned with their bottom line. In lucid and engaging prose, Joel Bakan documents how increasing corporate freedom encroaches on individual liberty and democracy. Through deep research and interviews with both top executives and their sharpest critics, he exposes the inhumanity and destructive force of the current order--profit-driven privatization subverting the public good, governments neglecting duties to protect the environment, the increasing alienation we experience as every aspect of life is economized, and how the Covid-19 pandemic lays bare the unjust fault lines of our corporate-led society. Beyond diagnosing major problems, in The New Corporation Bakan narrates a hopeful path forward. He reveals how citizens around the world are fighting back and making gains in ways that bolster democracy and benefit ordinary citizens rather than the corporate elite.
New Democracy
Author: William J. Novak
Publisher: Harvard University Press
ISBN: 0674260449
Category : Law
Languages : en
Pages : 385
Book Description
The activist state of the New Deal started forming decades before the FDR administration, demonstrating the deep roots of energetic government in America. In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. A series of legal reforms gradually brought an end to nineteenth-century traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked through legislation, regulation, and public administration. The last time American public life had been so thoroughly altered was in the late eighteenth century, at the founding and in the years immediately following. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated peopleÕs rights. Over the course of decades, Americans progressively discarded earlier understandings of the reach and responsibilities of government and embraced the idea that legislators and administrators in Washington could tackle economic regulation and social-welfare problems. As citizens witnessed the successes of an energetic, interventionist state, they demanded more of the same, calling on politicians and civil servants to address unfair competition and labor exploitation, form public utilities, and reform police power. Arguing against the myth that America was a weak state until the New Deal, New Democracy traces a steadily aggrandizing authority well before the Roosevelt years. The United States was flexing power domestically and intervening on behalf of redistributive goals for far longer than is commonly recognized, putting the lie to libertarian claims that the New Deal was an aberration in American history.
Publisher: Harvard University Press
ISBN: 0674260449
Category : Law
Languages : en
Pages : 385
Book Description
The activist state of the New Deal started forming decades before the FDR administration, demonstrating the deep roots of energetic government in America. In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. A series of legal reforms gradually brought an end to nineteenth-century traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked through legislation, regulation, and public administration. The last time American public life had been so thoroughly altered was in the late eighteenth century, at the founding and in the years immediately following. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated peopleÕs rights. Over the course of decades, Americans progressively discarded earlier understandings of the reach and responsibilities of government and embraced the idea that legislators and administrators in Washington could tackle economic regulation and social-welfare problems. As citizens witnessed the successes of an energetic, interventionist state, they demanded more of the same, calling on politicians and civil servants to address unfair competition and labor exploitation, form public utilities, and reform police power. Arguing against the myth that America was a weak state until the New Deal, New Democracy traces a steadily aggrandizing authority well before the Roosevelt years. The United States was flexing power domestically and intervening on behalf of redistributive goals for far longer than is commonly recognized, putting the lie to libertarian claims that the New Deal was an aberration in American history.
American Business and Political Power
Author: Mark A. Smith
Publisher: University of Chicago Press
ISBN: 0226764656
Category : Political Science
Languages : en
Pages : 257
Book Description
Most people believe that large corporations wield enormous political power when they lobby for policies as a cohesive bloc. With this controversial book, Mark A. Smith sets conventional wisdom on its head. In a systematic analysis of postwar lawmaking, Smith reveals that business loses in legislative battles unless it has public backing. This surprising conclusion holds because the types of issues that lead businesses to band together—such as tax rates, air pollution, and product liability—also receive the most media attention. The ensuing debates give citizens the information they need to hold their representatives accountable and make elections a choice between contrasting policy programs. Rather than succumbing to corporate America, Smith argues, representatives paradoxically become more responsive to their constituents when facing a united corporate front. Corporations gain the most influence over legislation when they work with organizations such as think tanks to shape Americans' beliefs about what government should and should not do.
Publisher: University of Chicago Press
ISBN: 0226764656
Category : Political Science
Languages : en
Pages : 257
Book Description
Most people believe that large corporations wield enormous political power when they lobby for policies as a cohesive bloc. With this controversial book, Mark A. Smith sets conventional wisdom on its head. In a systematic analysis of postwar lawmaking, Smith reveals that business loses in legislative battles unless it has public backing. This surprising conclusion holds because the types of issues that lead businesses to band together—such as tax rates, air pollution, and product liability—also receive the most media attention. The ensuing debates give citizens the information they need to hold their representatives accountable and make elections a choice between contrasting policy programs. Rather than succumbing to corporate America, Smith argues, representatives paradoxically become more responsive to their constituents when facing a united corporate front. Corporations gain the most influence over legislation when they work with organizations such as think tanks to shape Americans' beliefs about what government should and should not do.
Democracy in America?
Author: Benjamin I. Page
Publisher: University of Chicago Press
ISBN: 022672994X
Category : Political Science
Languages : en
Pages : 400
Book Description
“Important and riveting . . . The solution isn’t to redistribute wealth from the have-mores to the have-lesses. It’s to redistribute political power to everyone.” —Robert B. Reich America faces daunting problems—stagnant wages, high health care costs, neglected schools, deteriorating public services. How did we get here? Through decades of dysfunctional government. In Democracy in America? veteran political observers Benjamin I. Page and Martin Gilens marshal an unprecedented array of evidence to show that while other countries have responded to a rapidly changing economy by helping people who’ve been left behind, the United States has failed to do so. Instead, we have actually exacerbated inequality, enriching corporations and the wealthy while leaving ordinary citizens to fend for themselves. What’s the solution? More democracy. More opportunities for citizens to shape what their government does. To repair our democracy, Page and Gilens argue, we must change the way we choose candidates and conduct our elections, reform our governing institutions, and curb the power of money in politics. By doing so, we can reduce polarization and gridlock, address pressing challenges, and enact policies that truly reflect the interests of average Americans. Updated with new information, this book lays out a set of proposals that would boost citizen participation, curb the power of money, and democratize the House and Senate. “Brilliant, indispensable, and highly accessible.” —New York Journal of Books
Publisher: University of Chicago Press
ISBN: 022672994X
Category : Political Science
Languages : en
Pages : 400
Book Description
“Important and riveting . . . The solution isn’t to redistribute wealth from the have-mores to the have-lesses. It’s to redistribute political power to everyone.” —Robert B. Reich America faces daunting problems—stagnant wages, high health care costs, neglected schools, deteriorating public services. How did we get here? Through decades of dysfunctional government. In Democracy in America? veteran political observers Benjamin I. Page and Martin Gilens marshal an unprecedented array of evidence to show that while other countries have responded to a rapidly changing economy by helping people who’ve been left behind, the United States has failed to do so. Instead, we have actually exacerbated inequality, enriching corporations and the wealthy while leaving ordinary citizens to fend for themselves. What’s the solution? More democracy. More opportunities for citizens to shape what their government does. To repair our democracy, Page and Gilens argue, we must change the way we choose candidates and conduct our elections, reform our governing institutions, and curb the power of money in politics. By doing so, we can reduce polarization and gridlock, address pressing challenges, and enact policies that truly reflect the interests of average Americans. Updated with new information, this book lays out a set of proposals that would boost citizen participation, curb the power of money, and democratize the House and Senate. “Brilliant, indispensable, and highly accessible.” —New York Journal of Books
The Political Power of Global Corporations
Author: John Mikler
Publisher: John Wiley & Sons
ISBN: 0745698492
Category : Political Science
Languages : en
Pages : 178
Book Description
We have long been told that corporations rule the world, their interests seemingly taking precedence over states and their citizens. Yet, while states, civil society, and international organizations are well drawn in terms of their institutions, ideologies, and functions, the world's global corporations are often more simply sketched as mechanisms of profit maximization. In this book, John Mikler re-casts global corporations as political actors with complex identities and strategies. Debunking the idea of global corporations as exclusively profit-driven entities, he shows how they seek not only to drive or modify the agendas of states but to govern in their own right. He also explains why we need to re-territorialize global corporations as political actors that reflect and project the political power of the states and regions from which they hail. We know the global corporations' names, we know where they are headquartered, and we know where they invest and operate. Economic processes are increasingly produced by the control they possess, the relationships they have, the leverage they employ, the strategic decisions they make, and the discourses they create to enhance acceptance of their interests. This book represents a call to study how they do so, rather than making assumptions based on theoretical abstractions.
Publisher: John Wiley & Sons
ISBN: 0745698492
Category : Political Science
Languages : en
Pages : 178
Book Description
We have long been told that corporations rule the world, their interests seemingly taking precedence over states and their citizens. Yet, while states, civil society, and international organizations are well drawn in terms of their institutions, ideologies, and functions, the world's global corporations are often more simply sketched as mechanisms of profit maximization. In this book, John Mikler re-casts global corporations as political actors with complex identities and strategies. Debunking the idea of global corporations as exclusively profit-driven entities, he shows how they seek not only to drive or modify the agendas of states but to govern in their own right. He also explains why we need to re-territorialize global corporations as political actors that reflect and project the political power of the states and regions from which they hail. We know the global corporations' names, we know where they are headquartered, and we know where they invest and operate. Economic processes are increasingly produced by the control they possess, the relationships they have, the leverage they employ, the strategic decisions they make, and the discourses they create to enhance acceptance of their interests. This book represents a call to study how they do so, rather than making assumptions based on theoretical abstractions.
Corporations Are People Too
Author: Kent Greenfield
Publisher: Yale University Press
ISBN: 0300240805
Category : Law
Languages : en
Pages : 297
Book Description
Why we’re better off treating corporations as people under the law—and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should corporations be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society. He argues that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.
Publisher: Yale University Press
ISBN: 0300240805
Category : Law
Languages : en
Pages : 297
Book Description
Why we’re better off treating corporations as people under the law—and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should corporations be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society. He argues that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.