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Full-Text Articles in Business Organizations Law
Brief For Professor Kent Greenfield As Amicus Curiae In Support Of Respondents, State Of Washington Vs. Arlene's Flowers And Ingersoll Vs. Arlene's Flowers, Kent Greenfield
Kent Greenfield
This amicus curiae brief addresses a fundamental state-law premise of Appellants’ constitutional claims that has gone largely unexplored in the prior briefing: whether Arlene’s Flowers, a Washington for-profit corporation, may obtain an exemption from generally applicable laws based on the religious beliefs of a shareholder, Mrs. Stutzman. Citing the U.S. Supreme Court’s decisions in Burwell v. Hobby Lobby Stores and Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Appellants assert that “Arlene’s free-exercise rights are synonymous with Mrs. Stutzman’s.” Those two cases, however, had nothing to do with Washington corporate law and took no stance on the authority of …
Brief Of Amici Curiae Corporate Law Professors In Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, Harold Kent Greenfield, Daniel A. Rubens
Brief Of Amici Curiae Corporate Law Professors In Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, Harold Kent Greenfield, Daniel A. Rubens
Kent Greenfield
Professor Greenfield was the principal author of an amicus brief on behalf of 33 corporate law professors in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, argued in December 2017. The brief argues that shareholders’ religious and political beliefs should not be projected onto a corporation for purposes of First Amendment accommodation.
In Defense Of Corporate Persons, Kent Greenfield
In Defense Of Corporate Persons, Kent Greenfield
Kent Greenfield
This essay is a critique of this attack on corporate personhood. It explains that the corporate separateness - corporate “personhood” - is an important legal principle as a matter of corporate law. What’s more, as a matter of constitutional law, corporate “personhood” deserves a more nuanced analysis than has been typically offered in arguing in favor of an amendment to overturn Citizens United. Indeed, the concept of corporate “personhood” can in fact be marshaled in arguments against corporations being able to assert constitutional rights. In the nascent category of cases brought by corporations asserting rights of religious freedom, for example, …
Your Boss’S Business? Corporate Personhood And The Supreme Court, Kent Greenfield
Your Boss’S Business? Corporate Personhood And The Supreme Court, Kent Greenfield
Kent Greenfield
Hobby Lobby was a dangerous decision,but because the Court ignored corporate personhood rather than endorsing it.
Praising Corporate Personhood, Kent Greenfield
Praising Corporate Personhood, Kent Greenfield
Kent Greenfield
Corporate personhood has wrongly developed a bad name; efforts to end corporate personhood by way of a constitutional amendment are either worthless or harmful.
Corporate Citizenship: Goal Or Fear?, Kent Greenfield
Corporate Citizenship: Goal Or Fear?, Kent Greenfield
Kent Greenfield
Progressives should oppose a constitutional amendment to end corporate personhood.
Debate: “Be It Resolved: Corporations Should Not Be Considered People Under The U.S. Constitution.”, Kent Greenfield
Debate: “Be It Resolved: Corporations Should Not Be Considered People Under The U.S. Constitution.”, Kent Greenfield
Kent Greenfield
This was a debate with Jeff Clements, founder of Free Speech for People, about corporate personhood.
Religious Rights Of Corporations, Part 2, Kent Greenfield
Religious Rights Of Corporations, Part 2, Kent Greenfield
Kent Greenfield
States Rights > Gay Rights, Kent Greenfield
States Rights > Gay Rights, Kent Greenfield
Kent Greenfield
By now you've heard from the various news sources that, in this week’s Supreme Court arguments on California's Proposition 8 and the Defense of Marriage Act, a majority of justices expressed skepticism over both. So it's imaginable—even probable, if you believe the news—that we will find ourselves at the end of June with DOMA in the junk pile and marriage equality back on the books in California.
But don't put the pink champagne on ice just yet. In both days of argument, the justices spent an extraordinary amount of time dealing with knotty procedural issues. Both cases are complicated by …
Weird Friends Of The Court, Kent Greenfield
Weird Friends Of The Court, Kent Greenfield
Kent Greenfield
If you’ve felt encouraged by recent trends in favor of gay rights—including the new Washington Post poll showing 58 percent of Americans support marriage equality—swing over to SCOTUSblog and read some of the nearly 60 “friend of the Court” briefs opposing gay marriage.
On Tuesday and Wednesday of next week, the Supreme Court will hear arguments in two cases—the first on California’s Prop 8, the second on the Defense of Marriage Act—that could determine whether the federal government can define marriage as between a man and a woman, and whether state bans on same-sex marriage are unconstitutional. The parties are …
The Glocks Are Falling! The Glocks Are Falling!, Kent Greenfield
The Glocks Are Falling! The Glocks Are Falling!, Kent Greenfield
Kent Greenfield
The gun crowd is so paranoid about the erosion of their Second Amendment rights that they make Chicken Little look like an actuary.
The president’s recent gun proposals include initiatives such as expanded background checks, a ban on certain military-type rifles, and limits on the size of magazines. But if you listen to the gun folks, even these tepid proposals are—to quote a past president of the National Rifle Association—“unconstitutional schemes to gut the Second Amendment.” Iowa Senator Charles Grassley accused Obama of thinking “the Second Amendment can be tossed aside.” Any skeptical glance in the direction of that Glock …
Progressive Possibilities For Corporate Law, Kent Greenfield
Progressive Possibilities For Corporate Law, Kent Greenfield
Kent Greenfield
No abstract provided.
Panelist, Mini-Symposium On Tamar Frankel's Book The Ponzi Scheme Puzzle, Kent Greenfield
Panelist, Mini-Symposium On Tamar Frankel's Book The Ponzi Scheme Puzzle, Kent Greenfield
Kent Greenfield
No abstract provided.
Featured Speaker, Demos Monthly Meeting, Kent Greenfield
Featured Speaker, Demos Monthly Meeting, Kent Greenfield
Kent Greenfield
No abstract provided.
Panelist, Apocalypse Now Or Much Ado About Nothing? An Election Post-Mortem On The Effects Of Citizens United, Kent Greenfield
Panelist, Apocalypse Now Or Much Ado About Nothing? An Election Post-Mortem On The Effects Of Citizens United, Kent Greenfield
Kent Greenfield
No abstract provided.
Is The Anti-Muhammad Film Constitutionally Unprotected 'Fighting Words'?, Kent Greenfield
Is The Anti-Muhammad Film Constitutionally Unprotected 'Fighting Words'?, Kent Greenfield
Kent Greenfield
No abstract provided.
A New Strategy To Fight Citizens United, Kent Greenfield
A New Strategy To Fight Citizens United, Kent Greenfield
Kent Greenfield
No abstract provided.
Moderator, Corporation Speech After Citizens United, Kent Greenfield
Moderator, Corporation Speech After Citizens United, Kent Greenfield
Kent Greenfield
No abstract provided.
Panelist, The Affordable Care Act’S Prospects In The Supreme Court, Kent Greenfield
Panelist, The Affordable Care Act’S Prospects In The Supreme Court, Kent Greenfield
Kent Greenfield
No abstract provided.
Panelist, To Amend Or Not To Amend: The Impact Of Citizens United, Kent Greenfield
Panelist, To Amend Or Not To Amend: The Impact Of Citizens United, Kent Greenfield
Kent Greenfield
No abstract provided.
Panelist, Control The Corporation Conference, Kent Greenfield
Panelist, Control The Corporation Conference, Kent Greenfield
Kent Greenfield
Website for the conference videos: http://csrl.org/2012/04/14/control-the-corporation-conference-videos/
Obama’S Odds Of Winning The Health Care Ruling: 37%, Kent Greenfield
Obama’S Odds Of Winning The Health Care Ruling: 37%, Kent Greenfield
Kent Greenfield
No abstract provided.
Is The Sexual Promiscuity Of Straight Men A Reason To Oppose Gay Marriage?, Kent Greenfield
Is The Sexual Promiscuity Of Straight Men A Reason To Oppose Gay Marriage?, Kent Greenfield
Kent Greenfield
No abstract provided.
Moderator, Panel On Defense Of Marriage Act, Kent Greenfield
Moderator, Panel On Defense Of Marriage Act, Kent Greenfield
Kent Greenfield
No abstract provided.
Why Progressives Should Oppose A Constitutional Amendment To End Corporate "Personhood", Kent Greenfield
Why Progressives Should Oppose A Constitutional Amendment To End Corporate "Personhood", Kent Greenfield
Kent Greenfield
No abstract provided.
How To Make The 'Citizens United' Decision Worse, Kent Greenfield
How To Make The 'Citizens United' Decision Worse, Kent Greenfield
Kent Greenfield
No abstract provided.
Unconscionability And Consent In Corporate Law (A Comment On Cunningham), Kent Greenfield
Unconscionability And Consent In Corporate Law (A Comment On Cunningham), Kent Greenfield
Kent Greenfield
Lawrence Cunningham has written an insightful and persuasive article calling on courts to apply the contract-law doctrine of unconscionability in evaluating executive compensation. According to Cunningham, this additional doctrinal tool will allow courts to engage in genuine and meaningful oversight of excessive compensation. He argues that such oversight is valuable because existing corporate-law doctrine too often prompts courts to defer too much and too often to management’s decisions. Cunningham’s argument is modest yet impactful. It is modest in that it simply proposes that courts take account of a well-established area of contract law to analyze and evaluate the compensation contracts …
Presentations On The Myth Of Choice, Kent Greenfield
Presentations On The Myth Of Choice, Kent Greenfield
Kent Greenfield
Kent Greenfield has delivered over 30 public lectures and presentations to a wide variety of audiences in support of his book, The Myth of Choice, including presentations at the Center for the Study of Law & Society at UC Berkeley, the Wharton School of Business at the University of Pennsylvania, and the Southern Festival of Books in Nashville, TN.
The Difference Between The Occupiers And The Tea Party? The Meaning Of Freedom, Kent Greenfield
The Difference Between The Occupiers And The Tea Party? The Meaning Of Freedom, Kent Greenfield
Kent Greenfield
No abstract provided.
Moderator, Secularism, Islam, And Democracy, Kent Greenfield
Moderator, Secularism, Islam, And Democracy, Kent Greenfield
Kent Greenfield
No abstract provided.