International Corporate Personhood

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International Corporate Personhood

Author : Kevin Crow
Publisher : Routledge
Page : 182 pages
File Size : 52,8 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.

International Corporate Personhood

Author : Kevin Crow
Publisher : Routledge
Page : 0 pages
File Size : 48,8 Mb
Release : 2023-01-09
Category : Corporation law
ISBN : 0367694948

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International Corporate Personhood by Kevin Crow Pdf

The emergence of international corporate personhood -- The international corporate person in international law : judge-made law -- The international corporate person in international law : texts and practices -- Theorizing international corporate personhood -- Political bodies and the bodyless -- Conclusion : beyond sovereignty, beyond the veil.

Research Handbook on Corporate Purpose and Personhood

Author : Pollman, Elizabeth,Thompson, Robert B.
Publisher : Edward Elgar Publishing
Page : 432 pages
File Size : 47,7 Mb
Release : 2021-09-28
Category : Law
ISBN : 9781789902914

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Research Handbook on Corporate Purpose and Personhood by Pollman, Elizabeth,Thompson, Robert B. Pdf

This insightful Research Handbook contributes to the theoretical and practical understanding of corporate purpose and personhood, which has become the central debate of corporate law. It provides cutting-edge thoughts on the role of corporations in society and the nature of their rights and responsibilities.

Corporate Personhood

Author : Susanna Kim Ripken
Publisher : Cambridge University Press
Page : 317 pages
File Size : 47,5 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 : 51,6 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.

Corporations Are People Too

Author : Kent Greenfield
Publisher : Yale University Press
Page : 297 pages
File Size : 46,7 Mb
Release : 2018-10-23
Category : Law
ISBN : 9780300240801

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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 corporations 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. He argues 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.

Companies Are People Too

Author : Carliss Chatman
Publisher : Unknown
Page : 72 pages
File Size : 47,9 Mb
Release : 2021
Category : Electronic
ISBN : 9798575646082

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Companies Are People Too by Carliss Chatman Pdf

Companies Are People Too presents Professor Carliss Chatman's scholarship on corporate personhood in a format that is accessible to children.

Corporations Are Not People

Author : Jeffrey D. Clements
Publisher : Berrett-Koehler Publishers
Page : 242 pages
File Size : 45,6 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.

Modernism and the Meaning of Corporate Persons

Author : Lisa Siraganian
Publisher : Oxford University Press
Page : 287 pages
File Size : 45,5 Mb
Release : 2020-11-19
Category : Literary Criticism
ISBN : 9780192639639

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Modernism and the Meaning of Corporate Persons by Lisa Siraganian Pdf

Winner, Matei Calinescu Prize, Modern Language Association Winner, 2021 Modernist Studies Award, Modernist Studies Association Long before the US Supreme Court announced that corporate persons freely "speak" with money in Citizens United v. Federal Election Commission (2010), they elaborated the legal fiction of American corporate personhood in Santa Clara v. Southern Pacific Railroad (1886). Yet endowing a non-human entity with certain rights exposed a fundamental philosophical question about the possibility of collective intention. That question extended beyond the law and became essential to modern American literature. This volume offers the first multidisciplinary intellectual history of this story of corporate personhood. The possibility that large collective organizations might mean to act like us, like persons, animated a diverse set of American writers, artists, and theorists of the corporation in the first half of the twentieth century, stimulating a revolution of thought on intention. The ambiguous status of corporate intention provoked conflicting theories of meaning—on the relevance (or not) of authorial intention and the interpretation of collective signs or social forms—still debated today. As law struggled with opposing arguments, modernist creative writers and artists grappled with interrelated questions, albeit under different guises and formal procedures. Combining legal analysis of law reviews, treatises, and case law with literary interpretation of short stories, novels, and poems, this volume analyzes legal philosophers including Oliver Wendell Holmes, Jr., Frederic Maitland, Harold Laski, Maurice Wormser, and creative writers such as Theodore Dreiser, Muriel Rukeyser, Gertrude Stein, Charles Reznikoff, F. Scott Fitzgerald, and George Schuyler.

Stakeholder Capitalism

Author : Klaus Schwab
Publisher : John Wiley & Sons
Page : 311 pages
File Size : 44,5 Mb
Release : 2021-01-27
Category : Business & Economics
ISBN : 9781119756132

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Stakeholder Capitalism by Klaus Schwab Pdf

Reimagining our global economy so it becomes more sustainable and prosperous for all Our global economic system is broken. But we can replace the current picture of global upheaval, unsustainability, and uncertainty with one of an economy that works for all people, and the planet. First, we must eliminate rising income inequality within societies where productivity and wage growth has slowed. Second, we must reduce the dampening effect of monopoly market power wielded by large corporations on innovation and productivity gains. And finally, the short-sighted exploitation of natural resources that is corroding the environment and affecting the lives of many for the worse must end. The debate over the causes of the broken economy—laissez-faire government, poorly managed globalization, the rise of technology in favor of the few, or yet another reason—is wide open. Stakeholder Capitalism: A Global Economy that Works for Progress, People and Planet argues convincingly that if we don't start with recognizing the true shape of our problems, our current system will continue to fail us. To help us see our challenges more clearly, Schwab—the Founder and Executive Chairman of the World Economic Forum—looks for the real causes of our system's shortcomings, and for solutions in best practices from around the world in places as diverse as China, Denmark, Ethiopia, Germany, Indonesia, New Zealand, and Singapore. And in doing so, Schwab finds emerging examples of new ways of doing things that provide grounds for hope, including: Individual agency: how countries and policies can make a difference against large external forces A clearly defined social contract: agreement on shared values and goals allows government, business, and individuals to produce the most optimal outcomes Planning for future generations: short-sighted presentism harms our shared future, and that of those yet to be born Better measures of economic success: move beyond a myopic focus on GDP to more complete, human-scaled measures of societal flourishing By accurately describing our real situation, Stakeholder Capitalism is able to pinpoint achievable ways to deal with our problems. Chapter by chapter, Professor Schwab shows us that there are ways for everyone at all levels of society to reshape the broken pieces of the global economy and—country by country, company by company, and citizen by citizen—glue them back together in a way that benefits us all.

Cultural Critique and the Global Corporation

Author : Purnima Bose,Laura E. Lyons
Publisher : Indiana University Press
Page : 248 pages
File Size : 46,5 Mb
Release : 2010
Category : Business & Economics
ISBN : 9780253300294

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Cultural Critique and the Global Corporation by Purnima Bose,Laura E. Lyons Pdf

This book examines the stories that corporations tell about themselves--and explores the powerful influence of corporations in the transformation of cultural and social life. Six case studies draw on CEO memoirs, annual reports, management manuals, advertising campaigns, and other sources to analyze the self-representations and rhetorical maneuvers that corporations use to obscure the full extent of their power. Images of corporate character and responsibility are intertwined with the changes in local economy, politics, and culture wrought by globalization and neoliberalism. The contributors to this volume describe the effects of specific corporate practices on individuals and communities and how activists and academics are responding to labor and environmental abuses.

Corporate Irresponsibility

Author : Lawrence E. Mitchell
Publisher : Yale University Press
Page : 312 pages
File Size : 55,9 Mb
Release : 2008-10-01
Category : Business & Economics
ISBN : 9780300137767

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Corporate Irresponsibility by Lawrence E. Mitchell Pdf

Mitchell declares that managers should be freed from the legal and structural constraints that make it difficult for them to exercise ordinary moral judgment and be held accountable for their actions. He demonstrates the extent to which contemporary corporate behavior represents a corruption of our cherished liberal values of personal freedom and individuality.

Unequal Protection

Author : Thom Hartmann
Publisher : Berrett-Koehler Publishers
Page : 585 pages
File Size : 53,8 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

Preventing Corporate Accidents

Author : R B Whittingham
Publisher : Routledge
Page : 370 pages
File Size : 44,9 Mb
Release : 2012-06-25
Category : Technology & Engineering
ISBN : 9781136372186

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Preventing Corporate Accidents by R B Whittingham Pdf

The passing of the Corporate Manslaughter and Corporate Homicide Bill in the UK and increasing public and investor pressure for good Corporate Governance and Corporate Social Responsibility, means organizations now, more than ever, need to ensure they do all they can to prevent major accidents. However, past experience shows that just implementing safety management systems is not enough and this book makes the case for a more holistic and ethical approach to improving corporate systems as a whole. Preventing Corporate Accidents shows how major accidents can result from human error and defects in corporate systems. The book describes accident prevention strategies, from safety culture, safety management systems, foresight and planning to safety regulations, corporate ethics, corporate social responsibility and the learning organization. Barry Whittingham illustrates with international case studies from various industries how and why these defences have failed in the past, and more importantly, how to strengthen corporate systems to prevent future major accidents. The case studies include: The loss of the space shuttle Columbia Infant heart surgery at Bristol Royal Infirmary The Davis-Besse nuclear power plant incident The fire and explosion at the Conoco-Phillips Humber oil refinery Herald of Free Enterprise and Southall rail accident manslaughter prosecutions This book is essential reading for all those with a professional interest in health and safety management, the control of major risk and accident prevention, in particular for directors, senior managers and health & safety professionals in high-hazard industries and public operations, such as nuclear, chemicals, construction, oil and gas, energy, manufacturing and transportation. Barry Whittingham has worked as a senior manager, design engineer and consultant for the chemical, nuclear, offshore, oil and gas, railway and aviation sectors. He developed a career as a safety consultant specializing in the human factors aspects of accident causation. Barry is a Fellow of the Safety and Reliability Society.

Theory of Legal Personhood

Author : Visa A. J. Kurki
Publisher : Oxford University Press
Page : 241 pages
File Size : 51,7 Mb
Release : 2019
Category : Law
ISBN : 9780198844037

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Theory of Legal Personhood by Visa A. J. Kurki Pdf

Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."