Making Corporate Law More Communitarian
120 Pages Posted: 5 Nov 2019
Date Written: 2016
In this article, we analyze the Roberts Court’s personification of the business corporation and the effects of Citizens United and Hobby Lobby on corporate powers, rights, and responsibilities. The article examines whether the Court’s analysis is consistent with generally accepted principles of corporate law and whether these cases advance or hinder communitarian principles. Finally, we consider whether these cases’ expansion of corporate rights should bring with it a commensurate expansion of corporate responsibilities and whether state legislatures should take measures (such as mandatory constituency statutes and enhanced disclosure rules) in support of these responsibilities.
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