Line Drawing in Corporate Rights Determinations

38 Pages Posted: 5 Apr 2017

See all articles by Elizabeth Pollman

Elizabeth Pollman

University of Pennsylvania Carey Law School; Co-Director, University of Pennsylvania Carey Law School - Institute for Law and Economics; European Corporate Governance Institute

Date Written: July 31, 2016

Abstract

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

Suggested Citation

Pollman, Elizabeth, Line Drawing in Corporate Rights Determinations (July 31, 2016). 65 DePaul L. Rev. 597 (2016), Available at SSRN: https://ssrn.com/abstract=2946283

Elizabeth Pollman (Contact Author)

University of Pennsylvania Carey Law School; Co-Director, University of Pennsylvania Carey Law School - Institute for Law and Economics; European Corporate Governance Institute ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

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