Human Rights After Corporate Personhood

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Human Rights After Corporate Personhood

Author : Jody Greene,Sharif Youseff
Publisher : Unknown
Page : 368 pages
File Size : 43,5 Mb
Release : 2020-07-15
Category : Business & Economics
ISBN : 1487506961

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Human Rights After Corporate Personhood by Jody Greene,Sharif Youseff Pdf

Human Rights after Corporate Personhood offers a rich overview of current debates, and seeks to transcend the "outrage response" often found in public discourse and corporate legal theory. Through original and innovative analyses, the volume offers an alternative account of corporate juridical personality and its relation to the human, one that departs from accounts offered by public law. In addition, it explores opportunities for the application of legal personality to assist progressive projects, including, but not limited to, environmental justice, animal rights, and Indigenous land claims. Presented accessibly for the benefit of non-specialist readers, the volume offers original arguments and draws on eclectic sources, from law and poetry to fiction and film. At the same time, it is firmly grounded in legal scholarship and, thus, serves as an essential reference for scholars, students, lawmakers, and anyone seeking a better understanding of the interface between corporations and the law in the twenty-first century.

Human Rights After Corporate Personhood

Author : Jody Greene
Publisher : Unknown
Page : 336 pages
File Size : 49,9 Mb
Release : 2020
Category : Civil rights of corporations
ISBN : 1487535287

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Human Rights After Corporate Personhood by Jody Greene Pdf

Interdisciplinary in scope, this book draws from a range of specialized scholarship and archival research to intervene in current debates on the study of corporations.

Human Rights after Corporate Personhood

Author : Jody Greene,Sharif Youssef
Publisher : University of Toronto Press
Page : 429 pages
File Size : 47,7 Mb
Release : 2020-11-03
Category : Law
ISBN : 9781487535292

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Human Rights after Corporate Personhood by Jody Greene,Sharif Youssef Pdf

Human Rights after Corporate Personhood offers a rich overview of current debates, and seeks to transcend the "outrage response" often found in public discourse and corporate legal theory. Through original and innovative analyses, the volume offers an alternative account of corporate juridical personality and its relation to the human, one that departs from accounts offered by public law. In addition, it explores opportunities for the application of legal personality to assist progressive projects, including, but not limited to, environmental justice, animal rights, and Indigenous land claims. Presented accessibly for the benefit of non-specialist readers, the volume offers original arguments and draws on eclectic sources, from law and poetry to fiction and film. At the same time, it is firmly grounded in legal scholarship and, thus, serves as an essential reference for scholars, students, lawmakers, and anyone seeking a better understanding of the interface between corporations and the law in the twenty-first century.

Corporate Personhood

Author : Susanna Kim Ripken
Publisher : Cambridge University Press
Page : 317 pages
File Size : 50,5 Mb
Release : 2019-08-08
Category : Business & Economics
ISBN : 9781108416528

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Corporate Personhood by Susanna Kim Ripken Pdf

Explores the nature of corporate personhood and how it affects the rights, powers, and influence of corporations in society.

We the Corporations: How American Businesses Won Their Civil Rights

Author : Adam Winkler
Publisher : Liveright Publishing
Page : 384 pages
File Size : 54,5 Mb
Release : 2018-02-27
Category : Law
ISBN : 9780871403841

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We the Corporations: How American Businesses Won Their Civil Rights by Adam Winkler Pdf

A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.

International Corporate Personhood

Author : Kevin Crow
Publisher : Routledge
Page : 182 pages
File Size : 40,7 Mb
Release : 2021-05-17
Category : Business & Economics
ISBN : 9781000390100

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International Corporate Personhood by Kevin Crow Pdf

This book tracks the phenomenon of international corporate personhood (ICP) in international law and explores many legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal nature through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in U.S. domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into ‘active’ and ‘passive’ rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that – unlike existing attempts to place the corporation in international legal theory – does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on ‘human problems’ and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have ‘passive’ or procedural rights that cater to problems that can be characterized as ‘universal’ but that international law should avoid universalizing ‘active’ or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally.

Corporations Are People Too

Author : Kent Greenfield
Publisher : Yale University Press
Page : 297 pages
File Size : 49,8 Mb
Release : 2018-01-01
Category : Law
ISBN : 9780300211474

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Corporations Are People Too by Kent Greenfield Pdf

Why we're better off treating corporations as people under the law--and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should they be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society and concludes that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.

Corporate Human Rights Violations

Author : Stefanie Khoury,David Whyte
Publisher : Routledge
Page : 210 pages
File Size : 54,5 Mb
Release : 2016-12-08
Category : Political Science
ISBN : 9781317216056

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Corporate Human Rights Violations by Stefanie Khoury,David Whyte Pdf

This book develops an analysis of the historical, political and legal contexts behind current demands by NGOs and the United Nations Human Rights Council to hold corporations accountable for their human rights violations. Based on an analysis of the range of mechanisms of accountability that currently exist, it argues that that those demands are a response to the failure of neo-liberal policies that have dominated the practice of politics and law since the emergence of this debate in its current form in the 1970s. Offering a new approach to understanding how struggles for hegemony are refracted through a range of legal challenges to corporate human rights violations, the book offers a fresh perspective for understanding how those struggles are played out in the global sphere. In order to analyse the prospects for using human rights law to challenge the right of corporations to author human rights violations, the book explores the development of a range of political initiatives in the UN, the uses of tort law in domestic courts, and the uses of human rights law at the European Court of Human Rights and at the Inter-American Court of Human Rights. This book will be essential reading for all those interested in how international institutions and NGOs are both shaping and being shaped by global struggles against corporate power.

Business, Human Rights and the Environment: The Evolving Agenda

Author : Chiara Macchi
Publisher : Springer Nature
Page : 202 pages
File Size : 48,5 Mb
Release : 2022-04-08
Category : Law
ISBN : 9789462654792

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Business, Human Rights and the Environment: The Evolving Agenda by Chiara Macchi Pdf

More than ten years after the adoption of the UN Guiding Principles on Business and Human Rights, this book critically reviews the achievements, limits and next frontiers of business and human rights following the ‘protect, respect, remedy’ trichotomy. The UN Guiding Principles acted as a catalyst for hitherto unprecedented regulatory and judicial developments. The monograph by Macchi proposes a functionalist reading of the state’s duty to regulate the transnational activities of corporations in order to protect human rights and adopts a holistic approach to the corporate responsibility to respect, arguing that environmental and climate due diligence are inherent dimensions of human rights due diligence. In the volume emerging legislations are assessed on mandatory human rights and environmental due diligence, as well as the potential and limitations of a binding international treaty on business and human rights. The book also reviews groundbreaking litigation against transnational corporations, such as Lungowe v. Vedanta or Milieudefensie v. Shell, for their human rights and climate change impacts. The book is primarily targeted at academic and non-academic legal experts, as well as at researchers and students looking at business and human rights issues through the lenses of legal studies (particularly international law and European law), political sciences, business ethics, and management. Additionally, it should also find a readership among practitioners working in the public or private sector (consultants, CSR officers, legal officers, etc.) willing to familiarize themselves with the expanding areas of liability, financial and reputational risks connected to the social and environmental impacts of global supply chains. Chiara Macchi is currently Lecturer in Law at Wageningen University & Research in The Netherlands.

Corporations Are Not People

Author : Jeffrey D. Clements
Publisher : Berrett-Koehler Publishers
Page : 242 pages
File Size : 53,8 Mb
Release : 2012-01-09
Category : Political Science
ISBN : 9781609941079

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Corporations Are Not People by Jeffrey D. Clements Pdf

The Supreme Court’s Citizens United decision marked a culminating victory for the bizarre doctrine that corporations are people with free speech and other rights. Now, Americans cannot stop corporations from spending billions of dollars to dominate elections and keep our elected representatives on a tight leash. Jeffrey Clements reveals the far-reaching effects of this strange and destructive idea, which flies in the face of not only all common sense but most of American legal history as well. Most importantly, he offers solutions—including a constitutional amendment to reverse Citizens United—and tools to help readers join a grassroots drive to implement them. Ending corporate control of our Constitution and government is not about a triumph of one political ideology over another—it’s about restoring the republican principles of American democracy.

Corporations are Not People

Author : Jeffrey D. Clements
Publisher : Berrett-Koehler Publishers
Page : 242 pages
File Size : 45,7 Mb
Release : 2012
Category : Business & Economics
ISBN : 9781609941055

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Corporations are Not People by Jeffrey D. Clements Pdf

This is the first practical guide for every citizen on the problem of corporate personhood and the tools we have to overturn it. Jeff Clements explains why the Citizen's United case is the final win in a campaign for corporate domination of the state that began in the 1970s under Richard Nixon. More than this, Clements shows how unfettered corporate rights will impact public health, energy policy, the environment, and the justice system. Where Thom Hartmann's Unequal Protection providesa much-needed detailed legal history of corporate personhood, Corporations Are Not People answers the reader's question: "What does Citizens United mean to me?" And, even more important, it provides a solution: a Constitutional amendment, included in the book, which would reverse Citizens United. The book's ultimate goal is to give every citizen the tools and talking points to overturn corporate personhood state by state, community by community with petitions, house party kits, draft letters, shareholder resolutions, and much more.

Unequal Protection

Author : Thom Hartmann
Publisher : Rodale Books
Page : 320 pages
File Size : 43,8 Mb
Release : 2002-10-04
Category : Business & Economics
ISBN : 1579546277

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Unequal Protection by Thom Hartmann Pdf

Unequal taxes, unequal accountability for crime, unequal influence, unequal privacy, and unequal access to natural resources and our commons-- these inequalities and more are the effects of corporations winning the rights of persons while simultaneously being given the legal protections to avoid the responsibilities that come with these rights. Hartmann tells the intriguing story of how it got this way-- from the colonists' rebellion against the commercial interests of the British elite to the distorted application of the Fourteenth Amendment-- and how to get back to a government of, by, and for the people. From Unequal Protection: "...over the past two centuries, those playing the corporate game at the very highest levels seem to have won a victory for themselves-- a victory that is turning bitter in the mouths of many of the six billion humans on planet Earth. It's even turning bitter in unexpected ways for those who won it, as they find their own lives and families touched by an increasingly toxic environment, fragile and top-heavy economy, and hollow culture-- all traceable back to the frenetic systems of big business that resulted from the doctrine that corporations are persons."

Unequal Protection

Author : Thom Hartmann
Publisher : Berrett-Koehler Publishers
Page : 585 pages
File Size : 46,6 Mb
Release : 2010-06-07
Category : Law
ISBN : 9781605098395

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Unequal Protection by Thom Hartmann Pdf

“This is a seminal work, a godsend really, a clear message to every citizen about the need to reform our country, laws, and companies.” —Paul Hawken, New York Times-bestselling author NEW EDITION, REVISED AND UPDATED Unequal taxes, unequal accountability for crime, unequal influence, unequal control of the media, unequal access to natural resources—corporations have gained these privileges and more by exploiting their legal status as persons. How did something so illogical and unjust become the law of the land? Americans have been struggling with the role of corporations since before the birth of the republic. As Thom Hartmann shows, the Boston Tea Party was actually a protest against the British East India Company—the first modern corporation. Unequal Protection tells the astonishing story of how, after decades of sensible limits on corporate power, an offhand, off-the-record comment by a Supreme Court justice led to the Fourteenth Amendment—originally passed to grant basic rights to freed slaves—becoming the justification for granting corporations the same rights as human beings. And Hartmann proposes specific legal remedies that will finally put an end to the bizarre farce of corporate personhood. This new edition has been thoroughly updated and features Hartmann’s analysis of two recent Supreme Court cases, including Citizens United v. Federal Election Commission, which tossed out corporate campaign finance limits. “If you wonder why and when giant corporations got the power to reign supreme over us, here’s the story.” —Jim Hightower, national radio commentator and New York Times-bestselling author “Tell[s] the grand story of corporate corruption and its consequences for society with the force and readability of a great novel. ”—David C. Korten, bestselling author of When Corporations Rule the World

Your Call Is Very Important to Us

Author : Richard Hardack
Publisher : Rowman & Littlefield
Page : 377 pages
File Size : 49,8 Mb
Release : 2023-05-15
Category : Business & Economics
ISBN : 9781538177747

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Your Call Is Very Important to Us by Richard Hardack Pdf

In a unique exploration of how corporations appropriate the rights and identities of people, Richard Hardack unearths the unexpected consequences of corporate America’s quest to dominate every aspect of our culture. Not only do corporations govern our economy, but corporate personas define our identities and shape our relationships with people and the world around us. In a timely and wide-ranging study, Hardack recontextualizes the inordinate influence of corporations and corporate advertising as a legal, political, psychological, and sociological phenomenon. He connects a surprising array of topics, including advertising, pop culture, representations of nature, science fiction, legal history, the history of colonization and slavery, and the longing to transcend individuality, to show how the principles of corporate personhood—the idea that corporation are people—allow corporations to impersonate and displace actual people. Throughout, Hardack also provides a novel reassessment of the pernicious role and effect of advertising in our daily lives. The book makes accessible a complex topic and integrates many pressing issues in the U.S., including the privatization of the public sphere; the escalating polarization of wealth and rights; unchecked corporate power, influence and monopoly; and the descent of political debate and policy into the language of advertising, branding, and entertainment. Hardack treats the assumptions that foster corporate personhood as both cause and effect, driver and symptom, of a series of transformations in U.S. society. Awakened to this foundational way corporations infiltrate most human activities and interactions, readers can better understand and safeguard themselves against systemic changes to the American economy, culture, and politics.

Global Business and Human Rights

Author : James Featherby
Publisher : Sweet & Maxwell
Page : 419 pages
File Size : 40,9 Mb
Release : 2011
Category : Business & Economics
ISBN : 9780956544094

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Global Business and Human Rights by James Featherby Pdf

This publication is an essential guide for general counsel and law firms to the changing world of human rights and its importance for global business. The book highlights the growing relationship between human rights and global business and the developing international focus on the issue, particularly as a result of recent United Nations initiatives. Providing detailed commentary from leading international law firms, this first edition focuses on the legal accountability and due diligence responsibilities of corporates based in many of the world's most developed jurisdictions for human rights compliance by their overseas operations.