Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 43 U.S. 497 (1844) (1)
- Aggregate entity theory (1)
- American Corporate Jurisprudence (1)
- American labor movement (1)
- Artificial entity theory (1)
-
- Collective bargaining (1)
- Corporate legal personality (1)
- Deinstitutionalization (1)
- Disability Rights and Labor (1)
- Disability equality (1)
- Disability rights activists (1)
- Disability rights groups (1)
- Disabled persons (1)
- FLSA (1)
- Fair Labor Standards Act (1)
- Home-based care (1)
- Home-care sector (1)
- Hugh Swinton Legaré (1)
- Identity-based social movements (1)
- Is This Conflict Really Necessary? (1)
- Labor legislation (1)
- Labor unions (1)
- Louisville Cincinnati & Charleston R. Co. v. Letson (1)
- Personal-assistance workers (1)
- Real entity theory (1)
- Theorizing the corporation in the U.S. (1)
- Transatlantic influences (1)
- United States Supreme Court (1)
- Worker protection (1)
Articles 1 - 2 of 2
Full-Text Articles in Business
Transatlantic Influences On American Corporate Jurisprudence: Theorizing The Corporation In The United States, Tara Helfman
Transatlantic Influences On American Corporate Jurisprudence: Theorizing The Corporation In The United States, Tara Helfman
Indiana Journal of Global Legal Studies
In interpreting and evaluating the history of the Supreme Court's corporate jurisprudence, legal scholars have deployed three broad theories of corporate legal personality: the aggregate entity theory, the artificial entity theory, and the real entity theory. While these theories are powerful ways of conceptualizing the corporation, this article shows that they have not been as central to the Supreme Court's corporate jurisprudence as recent scholarship suggests. It instead argues that historic transformations in the high court's corporate jurisprudence are best understood in light of contemporary intellectual currents rather than through an expost facto application of the aggregate, artificial, and real …
Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos
Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos
Indiana Law Journal
In this Essay, I hope to do two things: First, I try to put the current labor-disability controversy into that broader context. Second, and perhaps more important, I take a position on how disability rights advocates should approach both the current contro-versy and labor-disability tensions more broadly. As to the narrow dispute over wage-and-hour protections for personal-assistance workers, I argue both that those workers have a compelling normative claim to full FLSA protection—a claim that disability rights advocates should recognize—and that supporting the claim of those workers is pragmatically in the best interests of the disability rights movement. As to …