Legal History Commons^™

Corporate Personhood And Limited Sovereignty, Elizabeth Pollman

All Faculty Scholarship

This Article, written for a symposium celebrating the work of Professor Margaret Blair, examines how corporate rights jurisprudence helped to shape the corporate form in the United States during the nineteenth century. It argues that as the corporate form became popular because of the way it facilitated capital lock-in, perpetual succession, and provided other favorable characteristics related to legal personality that separated the corporation from its participants, the Supreme Court provided crucial reinforcement of these entity features by recognizing corporations as rights-bearing legal persons separate from the government. Although the legal personality of corporations is a distinct concept from their …

American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp

All Faculty Scholarship

In American Needle the Supreme Court unanimously held that for the practice at issue the NFL should be treated as a “combination” of its teams rather than a single entity. However, the arrangement must be assessed under the rule of reason. The opinion, written by Justice Stevens, was almost certainly his last opinion for the Court in an antitrust case; Justice Stevens had been a dissenter in the Supreme Court’s Copperweld decision 25 years earlier, which held that a parent corporation and its wholly owned subsidiary constituted a single “firm” for antitrust purposes. The Sherman Act speaks to this issue …

The Arizona Solution To Allocation And Use Of Groundwater, Betsy Rieke

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

48 pages.

Augmenting Municipal Water Supplies Through Agricultural Water Conservation, David Engels

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

38 pages (includes maps).

The Sale, Lease Or Exchange Of Indian Water Rights For Energy Development, Thomas W. Fredericks

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

34 pages.

Contains references.

A Case Study Of The Windy Gap Project [Outline], John M. Sayre

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

7 pages.

A Century And A Half Of Interbasin Diversions Or 100 Years Since Coffin V. Left Hand Ditch Co., Ralph W. Johnson

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

19 pages.

Contains references.