Pub Date : 2019-08-08DOI: 10.1017/9781108241366.002
{"title":"Legal Theories of the Corporate Person","authors":"","doi":"10.1017/9781108241366.002","DOIUrl":"https://doi.org/10.1017/9781108241366.002","url":null,"abstract":"","PeriodicalId":158842,"journal":{"name":"Corporate Personhood","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127390440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-08DOI: 10.1017/9781108241366.003
{"title":"Philosophical Dimensions of the Corporate Person","authors":"","doi":"10.1017/9781108241366.003","DOIUrl":"https://doi.org/10.1017/9781108241366.003","url":null,"abstract":"","PeriodicalId":158842,"journal":{"name":"Corporate Personhood","volume":"22 10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126139081","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-08DOI: 10.1017/9781108241366.004
{"title":"Social Science Dimensions of the Corporate Person","authors":"","doi":"10.1017/9781108241366.004","DOIUrl":"https://doi.org/10.1017/9781108241366.004","url":null,"abstract":"","PeriodicalId":158842,"journal":{"name":"Corporate Personhood","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114522724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-01DOI: 10.1017/9781108241366.006
S. K. Ripken
The idea that the corporation is a person entitled to certain constitutional rights has become the subject of intense debate in the context of religion and race. To what extent can and should corporations be regarded as persons with the status to claim fundamental religious liberty rights and racial equality rights? Can a corporation be associated with a certain religion or race if most or all of its human members identify with one religion or race? Does it make sense to say that the corporation itself can possess and exercise religious beliefs, thereby entitling it to religious liberty rights? Is it possible for a corporation to have a racial identity, thereby affording it standing to claim it has been discriminated against on the basis of its race? Cases involving such questions have generated significant controversy in recent years. The Supreme Court has affirmed the statutory right of corporations to freely exercise religion, and federal courts have developed a body of law to allow corporations to assert racial discrimination claims.
{"title":"Constitutional Dimensions of the Corporate Person: Corporate Religion and Race","authors":"S. K. Ripken","doi":"10.1017/9781108241366.006","DOIUrl":"https://doi.org/10.1017/9781108241366.006","url":null,"abstract":"The idea that the corporation is a person entitled to certain constitutional rights has become the subject of intense debate in the context of religion and race. To what extent can and should corporations be regarded as persons with the status to claim fundamental religious liberty rights and racial equality rights? Can a corporation be associated with a certain religion or race if most or all of its human members identify with one religion or race? Does it make sense to say that the corporation itself can possess and exercise religious beliefs, thereby entitling it to religious liberty rights? Is it possible for a corporation to have a racial identity, thereby affording it standing to claim it has been discriminated against on the basis of its race? Cases involving such questions have generated significant controversy in recent years. The Supreme Court has affirmed the statutory right of corporations to freely exercise religion, and federal courts have developed a body of law to allow corporations to assert racial discrimination claims.","PeriodicalId":158842,"journal":{"name":"Corporate Personhood","volume":"83 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116362247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-01DOI: 10.1017/9781108241366.005
S. K. Ripken
The term “corporation” does not appear anywhere in the United States Constitution, yet the United States Supreme Court has held that corporations are entitled to claim an extensive array of constitutional rights. The justifications for these rights have developed from the many different conceptions of the corporation as a legal, moral, economic, social, and political actor. In particular, the constitutional dimension of the corporation’s personhood is an extension of its legal personhood. Therefore, the fundamental legal theories of the corporate person, i.e., the artificial person, aggregate, and real entity theories, have had a role in supporting the extension of constitutional rights to corporations. The moral and sociological dimensions of the corporate person have also been important. In determining the scope of corporate constitutional rights, the Supreme Court has considered the actual and normative roles and purposes of corporations in our pluralistic and democratic society. Considerations of corporate power, both economic and political, have contributed as well to the debate over which constitutional rights appropriately apply to corporations.
{"title":"Constitutional Dimensions of the Corporate Person: Corporate Free Speech","authors":"S. K. Ripken","doi":"10.1017/9781108241366.005","DOIUrl":"https://doi.org/10.1017/9781108241366.005","url":null,"abstract":"The term “corporation” does not appear anywhere in the United States Constitution, yet the United States Supreme Court has held that corporations are entitled to claim an extensive array of constitutional rights. The justifications for these rights have developed from the many different conceptions of the corporation as a legal, moral, economic, social, and political actor. In particular, the constitutional dimension of the corporation’s personhood is an extension of its legal personhood. Therefore, the fundamental legal theories of the corporate person, i.e., the artificial person, aggregate, and real entity theories, have had a role in supporting the extension of constitutional rights to corporations. The moral and sociological dimensions of the corporate person have also been important. In determining the scope of corporate constitutional rights, the Supreme Court has considered the actual and normative roles and purposes of corporations in our pluralistic and democratic society. Considerations of corporate power, both economic and political, have contributed as well to the debate over which constitutional rights appropriately apply to corporations.","PeriodicalId":158842,"journal":{"name":"Corporate Personhood","volume":"146 11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125859070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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