The Political Constitution of the Corporation

The Political Constitution of the Corporation
Author: Alexander Styhre
Publisher: Edward Elgar Publishing
Total Pages: 240
Release: 2020-04-24
Genre: Business & Economics
ISBN: 1789900778

In this insightful book, Alexander Styhre examines how corporations, often understood primarily as economic entities or legal devices, seek to influence and shape the market and the wider society in which they operate. Given the scope of such activities in most advanced economies, Styhre argues that corporations are political agents in their own right and that they must be critically analyzed in these terms.

Corporate Citizen?

Corporate Citizen?
Author: Ciara Torres-Spelliscy
Publisher:
Total Pages: 0
Release: 2016
Genre: Business and politics
ISBN: 9781632847263

Over time, corporations have engaged in an aggressive campaign to dramatically enlarge their political and commercial speech and religious rights through strategic litigation and extensive lobbying. At the same time, many large firms have sought to limit their social responsibilities. For the most part, courts have willingly followed corporations down this path. But interestingly, corporations are meeting resistance from many quarters including from customers, investors, and lawmakers. Corporate Citizen? explores this resistance and offers reforms to support these new understandings of the corporation in contemporary society.

The Corporation and the Constitution

The Corporation and the Constitution
Author: Henry N. Butler
Publisher: American Enterprise Institute
Total Pages: 236
Release: 1995
Genre: Law
ISBN: 9780844738659

The Corporation and the Constitution is a significant contribution to modern constitutional and corporate scholarship. It offers a coherent theory of applying the Constitution to the corporation, and it forces scholars to appreciate the developments that have taken place totally outside the realm of traditional scholarly discourse on the Constitution.

We the Corporations: How American Businesses Won Their Civil Rights

We the Corporations: How American Businesses Won Their Civil Rights
Author: Adam Winkler
Publisher: Liveright Publishing
Total Pages: 485
Release: 2018-02-27
Genre: Law
ISBN: 0871403846

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.

Corporations and Society

Corporations and Society
Author: Warren J. Samuels
Publisher: Praeger
Total Pages: 0
Release: 1987-05-21
Genre: Business & Economics
ISBN: 0313250723

This volume provides an interesting evaluation of the role of the corporation in American society. The book traces the historical role of the corporation. It discusses the corporation's obligations and influence in the policy-making process of government. Business Library Newsletter The year 1986 marked the 100th anniversary of one of the Supreme Court's most important decisions, in which it unanimously held that a business corporation was a person within the meaning of the Constitution, and thus entitled to constitutional protection. The decision, made almost casually, has had enormous impact on the development of the system of corporate capitalism in the United States. This collection of original essays, written by leading authorities from the fields of economics, law, history and political science, assesses the implications of the Supreme Court ruling from a variety of perspectives. The collected essays provide a thorough evaluation of the role of the corporation, and discusses its obligations, its influence in the policymaking process of government, and its internal structure as a political order.

Corporations Are People Too

Corporations Are People Too
Author: Kent Greenfield
Publisher: Yale University Press
Total Pages: 297
Release: 2018-10-23
Genre: Law
ISBN: 0300240805

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.

Political Power and Corporate Control

Political Power and Corporate Control
Author: Peter A. Gourevitch
Publisher: Princeton University Press
Total Pages: 365
Release: 2010-06-20
Genre: Business & Economics
ISBN: 1400837014

Why does corporate governance--front page news with the collapse of Enron, WorldCom, and Parmalat--vary so dramatically around the world? This book explains how politics shapes corporate governance--how managers, shareholders, and workers jockey for advantage in setting the rules by which companies are run, and for whom they are run. It combines a clear theoretical model on this political interaction, with statistical evidence from thirty-nine countries of Europe, Asia, Africa, and North and South America and detailed narratives of country cases. This book differs sharply from most treatments by explaining differences in minority shareholder protections and ownership concentration among countries in terms of the interaction of economic preferences and political institutions. It explores in particular the crucial role of pension plans and financial intermediaries in shaping political preferences for different rules of corporate governance. The countries examined sort into two distinct groups: diffuse shareholding by external investors who pick a board that monitors the managers, and concentrated blockholding by insiders who monitor managers directly. Examining the political coalitions that form among or across management, owners, and workers, the authors find that certain coalitions encourage policies that promote diffuse shareholding, while other coalitions yield blockholding-oriented policies. Political institutions influence the probability of one coalition defeating another.

Corporations, the Original Understanding, and the Problem of Power

Corporations, the Original Understanding, and the Problem of Power
Author: Ian S. Speir
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:

How did Americans of the late eighteenth century conceive of the corporation and of its role in society? And how did that understanding square with the original, publicly understood meaning of the Constitution and Bill of Rights? More to the point, in the wake of the Supreme Court's controversial decision in Citizens United, would late-eighteenth-century Americans have thought that a corporation enjoyed the "freedom of speech" that the First Amendment guarantees? This paper wrestles with those questions. It attempts, first, to articulate the "original understanding of the corporation," arguing that for Americans of this period the corporation presented what might be called a problem of power. Case studies of numerous corporation controversies in the eighteenth century demonstrate that there was a recognized need both to delimit legislative authority over the creation and subsequent regulation of corporations and to limit corporate influence in private and public life. The solutions that emerged in this period were aimed at curtailing the frequency of special-interest laws, legislative partisanship, and corruption. The second half of the paper then focuses on how these concerns about corporate and legislative power square with, and are reflected in, the original meaning of the Constitution and Bill of Rights. In drafting these documents and establishing the national government, the Framers were presented with their own problem of power. This paper argues that the solutions they adopted support free speech protections for a corporate body. The First Amendment was phrased and understood as an express limitation on congressional authority. Because it aimed specifically at the powers of Congress, and not at the rights of speakers as such, text and contemporary understanding strongly suggest that the amendment limits the ability of Congress to restrict “speech,” regardless of its source. This view is buttressed by the nation's first free speech controversy in 1794, involving politically active groups that successfully repelled a congressional attempt at censure, despite the charge that their “self-created,” permanent status deprived them of First Amendment protections. By close analogy, the First Amendment as originally understood would deny Congress any ability to abridge the speech of an incorporated group. While this conclusion seems sound as a matter of text, contemporary understanding, and post-ratification practice, it is not the case that the Framers took no account of the problems of rent-seeking and corruption that preoccupied participants in contemporary debates over the corporation. To the contrary, the Framers recognized that powerful interest groups (“factions”) would shape national politics and might exercise an undue influence in public affairs. Their solution, however, was not to lodge a power in Congress to regulate and restrict these groups' participation in the political process. It was, rather, an institutional solution - a series of structural safeguards built into the Constitution and designed to limit possibilities for rent-seeking and corruption. These included the separation of powers, a bicameral legislature, regular elections, and more. Juxtaposition of these two solutions - the First Amendment's limitations and the Constitution's institutional controls - make out a strong case that, for the founding generation, a corporation would have enjoyed the First Amendment's protections for “freedom of speech.”