Making Corporate Law More Communitarian

120 Pages Posted: 5 Nov 2019

See all articles by Robert Ackerman

Robert Ackerman

Wayne State University Law School

Date Written: 2016

Abstract

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.

Suggested Citation

Ackerman, Robert, Making Corporate Law More Communitarian (2016). Brooklyn Law Review , Vol. 81, No. 3, 2016, Available at SSRN: https://ssrn.com/abstract=3475744

Robert Ackerman (Contact Author)

Wayne State University Law School ( email )

471 Palmer
Detroit, MI 48202
United States

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