Line Drawing in Corporate Rights Determinations
38 Pages Posted: 5 Apr 2017
Date Written: July 31, 2016
This essay was written for the 21st Annual Clifford Symposium: The Supreme Court, Business, and Civil Justice. The essay argues that existing lines drawn between corporations may be a useful starting place for analyzing the rights of corporations, but caution must be used because the lines drawn in other areas were done for various policy reasons in different contexts that may not map onto the corporate rights determination. Attention should be paid to the specific characteristics of corporations that are relevant to the right at stake and the basis for extending protection. The key contribution of this essay is to advance the discussion by examining the utility of common lines that the law has already drawn between corporations: the for-profit/nonprofit line, the public/private line, and the closely held category.
Keywords: Corporate Constitutional Rights, Corporate Rights, Citizens United, Hobby Lobby, Closely Held Corporations, Public Corporations, Private Corporations, For-Profit, Nonprofit
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