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13 Aug 2007, 2:25 pm
Much as it is further evidence of why it’s never a good idea to assume that corporations and freedom of expression go together, I’m not too sure on the link between the AT&T/Pearl Jam fuss and the net neutrality question. [read post]
5 May 2013, 9:33 am
Corporations don’t have a conscience. [read post]
4 May 2013, 3:54 pm
If gov’t wants to insulate casinos, that’s typical unjust corporate subsidization and inequality. [read post]
26 Mar 2011, 6:43 pm
Giving the corporation recognition as a legal person, doesn't change that analysis as far as I can tell. [read post]
24 Jun 2013, 1:45 am
As I am sure others will be quick to point out, it isn’t at all clear that the line of cases in which the Supreme Court has upheld the enforceability of arbitration agreements would support the enforcement of an arbitration agreement in a corporate charter. [read post]
24 Jun 2013, 1:45 am
As I am sure others will be quick to point out, it isn’t at all clear that the line of cases in which the Supreme Court has upheld the enforceability of arbitration agreements would support the enforcement of an arbitration agreement in a corporate charter. [read post]
26 Mar 2011, 6:43 pm
It provides no certainty or predictability, due to the lack of a bright-line test. [read post]
11 Jul 2014, 10:34 am
David Post expresses doubts as to whether we should resist reifying the corporation. [read post]
18 Mar 2011, 11:58 am
It acts in accordance with the wishes of those people as expressed through the corporation's governance structure. [read post]
3 Jul 2013, 10:05 am
"[T]he foreman wrote '15,000,000.00 –> $15 MILLION' and underneath the blank line added 'LUMP SUM.' [read post]
28 Feb 2014, 8:42 am
“The Greens have organized their businesses with express religious principles in mind. [read post]
8 Nov 2023, 1:26 pm
However, as conservatives identified commercial speech, or even just corporate speech and practices, they’d like to regulate as being too woke, and in line with populist, anti-monopoly principles, a number of judges, including judges from varying political backgrounds, have signaled their lack of interest in free speech claims, whether made against copyright, trademark, false advertising, or right of publicity lawsuits. [read post]
24 Mar 2013, 10:23 am
The resulting Wild West of corporate expression undermines even disclosure regulations (which eight Supreme Court justices fully supported when they were litigated in 2007). [read post]
9 Feb 2024, 9:42 pm
Case law is clear that the First Amendment does not prohibit “a private corporation or person who seeks to abridge the free expression of others. [read post]
16 Apr 2010, 6:17 am
(go back) [2] The bill was approved by the committee on a 13-10 party-line vote. [read post]
20 Apr 2021, 8:43 am
” The justices still seemed skeptical: At the end, Barrett suggested that the fight wasn’t “about governance” but rather “what piece of the pie goes where,” while Roberts expressed his fear that Alaska Natives who got services from the corporations “will get nothing. [read post]
16 May 2011, 1:51 am
The views expressed in this post are my own. [read post]
5 Jun 2022, 9:05 pm
Relatively narrow statements of purpose, however, caused legal problems when corporate decisionmakers wanted to undertake an activity that was outside of the stated corporate objective, such as a railroad company’s entering into “non-railroad” lines of business such as lumber, steel, or finance. [read post]
27 Jul 2020, 4:32 pm
The line to have your case heard is long. [read post]
31 Mar 2012, 10:33 am
However, even Bainbridge has arguably acknowledged that there may be some limited role for viewing director primacy as an expression of real entity theory: “[T]o the limited extent to which the corporation is properly understood as a real entity, it is the board of directors that personifies the corporate entity” (quote from here). [read post]
