A Right For Retirement: Unconscionable Contracts, The Right (Not) to Associate, and Citizens United

59 Pages Posted: 13 Apr 2021 Last revised: 15 Dec 2021

See all articles by Paul S. Miller

Paul S. Miller

Loyola University School of Law

Date Written: March 27, 2021

Abstract

The article explores the consequences of the Citizens United through the lens of the equity doctrine of unconscionable contracts. This expands on the argument regarding shareholders’ Right of Association addressed in the Citizens United decision I create a hypothetical around the contracts used by companies that manage retirement funds. My argument is that a consequence of Citizens United is that these contracts now include a person giving up their Constitutional Right Not to Associate with a corporation’s political activities. Such a price, and the fact that it is not revealed as a price, makes such contracts unconscionable. I conclude the article with a twist: the Constitution, viewed as a social contract, has been made unconscionable by Supreme Court cases such as Citizens United.

Keywords: Unconscioanble Contracts, Right of Association, Right Not to Associate, Corporate Governance

Suggested Citation

Miller, Paul Sanford, A Right For Retirement: Unconscionable Contracts, The Right (Not) to Associate, and Citizens United (March 27, 2021). 71 Am. U. L. Rev. 177 (2021), Loyola University New Orleans College of Law Research Paper No. 2021-11, Available at SSRN: https://ssrn.com/abstract=3709509 or http://dx.doi.org/10.2139/ssrn.3709509

Paul Sanford Miller (Contact Author)

Loyola University School of Law ( email )

7214 St. Charles Ave., Box 901
Campus Box 901
New Orleans, LA 70118
United States

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