Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

Panelist Biographies, Introduction By Dana Gold, Editor's Note, Dana L. Gold Jan 2007

Panelist Biographies, Introduction By Dana Gold, Editor's Note, Dana L. Gold

Seattle University Law Review

This conference brought together nationally recognized scholars, attorneys, policymakers and activists from across the country who represent a depth of knowledge and range of viewpoints necessary to explore the intersection of corporate and First Amendment law. This discussion was sometimes heated, frequently politically surprising, and always robust. In this symposium issue, the Seattle University Law Review has captured the presentations and exchanges at this unique, multidisciplinary conference.


The Corporatization Of Communication, Eric Chiappinelli, Adam Candeub, Jeffrey Chester, Lawrence Soley Jan 2007

The Corporatization Of Communication, Eric Chiappinelli, Adam Candeub, Jeffrey Chester, Lawrence Soley

Seattle University Law Review

Our next panel discusses the corporatization of communication.


Curbing Shareholder Voting Groups With A New Philosophy For Washington's Business Corporation Act, Tilman Larson Jan 2007

Curbing Shareholder Voting Groups With A New Philosophy For Washington's Business Corporation Act, Tilman Larson

Seattle University Law Review

This Comment explores Washington's changing philosophy of shareholder voting and how the current developments to Washington's corporate law have impacted shareholder voting group rights. In light of Washington's corporate law history, the underlying reasons for the amendments, and case law, this Comment argues that the recent amendments have altered, rather than preserved, what has been historically the true philosophy underlying Washington corporate law: minority shareholder rights. Part II of this Comment tracks the evolution of voting group rights through past Washington law and until the present Washington Business Corporation Act. Part III discusses the underlying reasons for the amendments, addresses …


Should Corporations Have First Amendment Rights?, Kent Greenfield, Daniel Greenwood, Erik Jaffe Jan 2007

Should Corporations Have First Amendment Rights?, Kent Greenfield, Daniel Greenwood, Erik Jaffe

Seattle University Law Review

As Professor Winkler correctly stated, current doctrine emphasizes the rights of listeners rather than the identity of corporate speakers. My argument is, in effect, that this emphasis misses the key point. But I will not deal with listeners directly. I am simply going to assume, rather than argue, that if corporate advertising were ineffective in influencing voters or legislators, normal market processes would eliminate it. I'm going to take it for granted that when corporations speak, it makes a difference in the actual results.


Corporations And Commercial Speech, Ron Collins, Mark Lopez, Tamara Piety, David Vladeck Jan 2007

Corporations And Commercial Speech, Ron Collins, Mark Lopez, Tamara Piety, David Vladeck

Seattle University Law Review

Today's discussion will be about a rather famous case-actually, a non-case, Nike v. Kasky.


Corporations And Political Speech: Should Speech Equal Money?, David Skover, Lisa Danetz, Martin Redish, Scott Thomas Jan 2007

Corporations And Political Speech: Should Speech Equal Money?, David Skover, Lisa Danetz, Martin Redish, Scott Thomas

Seattle University Law Review

Welcome now to the panel on corporations and political speech. We will explore the First Amendment jurisprudence of campaign finance regulation and some of the more controversial issues raised by corporate involvement in the marketplace of political ideas and elections.


Protecting The Polity: Strategies For Reform, Dana Gold, Solange Bitol-Hansen, Charlie Cray, Bruce Freed Jan 2007

Protecting The Polity: Strategies For Reform, Dana Gold, Solange Bitol-Hansen, Charlie Cray, Bruce Freed

Seattle University Law Review

This session is Protecting the Polity: Strategies for Reform, and we frame this as additional strategies that are actually percolating in a concrete way out in the real world, not just in the world of academic theory, to promote citizen participation in a democracy that countenances corporate influence in the political process.


Keynote Speech, Mark Crispin Miller Jan 2007

Keynote Speech, Mark Crispin Miller

Seattle University Law Review

Corporations tend to work against immediate contact. They tend to discourage familial bonds and popular interaction. They are allergic to democracy. Because corporations are usually in the business of selling deviations of various kinds, they tend to want a world in which each one of us is completely walled off in a portable, wonderful land of communication technology. Corporations want a world where everything is done for us. A world where everything is presented to us through a corporate medium, so that what once looked like satire is now commonly represented as an admirable ideal. To that end, I am …


The Enron Trial Drama: A New Case For Stakeholder Theory, Russell Powell Jan 2007

The Enron Trial Drama: A New Case For Stakeholder Theory, Russell Powell

Faculty Articles

This article analyzes the trial of Jeffrey Skilling and Kenneth Lay, including an empirical analysis of jury comments made after the trial. The study indicates that the jury was influenced by the scope of the Enron collapse and its impact on employees, in particular. The article argues that if juries (or judges) are influenced by the magnitude of harm caused by fraudulent, disloyal behavior, especially when it impacts large numbers of working and middle-class employees, it is likely that the same factors will impact the outcome of derivative suits claiming breaches in fiduciary duties brought against officers and perhaps even …


Corporate Personhood And The Rights Of Corporate Speech, Adam Winkler Jan 2007

Corporate Personhood And The Rights Of Corporate Speech, Adam Winkler

Seattle University Law Review

My objective here is to provide a little historical background on business corporations and their place in First Amendment law. In the course of that overview, I will also make a few observations that I believe can be helpful in thinking about corporate speech rights. First, I will argue that one aspect of the constitutional status of corporations-the notion of corporate personhood-has not played the central role in shaping corporate speech rights that some believe. Corporations have free speech rights, but they are more limited than those held by individuals. Second, I will argue that there is not a single …