Law Commons^™

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

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

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, …

The U.S. Supreme Court's Cultivation Of Corporate Personhood, Kent Greenfield

Kent Greenfield

No abstract provided.

Panelist, When Rights Collide?: Religious Liberty, Equality And The Fall Out From Hobby Lobby, Kent Greenfield

Kent Greenfield

No abstract provided.

The Limits Of Free Speech, Kent Greenfield

Kent Greenfield

No abstract provided.

Let Us Now Praise Corporate Persons, Kent Greenfield

Kent Greenfield

Also appeared as "If Corporations are People They Should Act Like It," on TheAtlantic.com, January 30, 2015.

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

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

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

Kent Greenfield

This was a debate with Jeff Clements, founder of Free Speech for People, about corporate personhood.

Hobby Lobby, Unconstitutional Conditions, And Corporate Law Mistakes, Kent Greenfield

Kent Greenfield

No abstract provided.

Panelist, In The Balance: Law And Politics On The Roberts Court, Kent Greenfield

Kent Greenfield

No abstract provided.

Hobby Lobby And The Return Of ‘The Negro Travelers’ Green Book’, Kent Greenfield

Kent Greenfield

No abstract provided.

Religious Rights Of Corporations, Part 2, Kent Greenfield

Kent Greenfield

Unfair Advantage Would Spur Abuse Of Exempt Status: Do Corporations Have Religious Liberty?, Kent Greenfield

Kent Greenfield

No abstract provided.

Beware The Sleeper: Harris V Quinn, Kent Greenfield

Kent Greenfield

No abstract provided.

"The Move To Amend": Making Citizens United Even Worse?, Kent Greenfield

Kent Greenfield

No abstract provided.

Participant, "Block That Metaphor? Corporate Personhood Before And After Citizens United", Kent Greenfield

Kent Greenfield

No abstract provided.

Moderator, Progressive Ideas In Corporate Law, Kent Greenfield

Kent Greenfield

No abstract provided.

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

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

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

Kent Greenfield

No abstract provided.

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

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

Kent Greenfield

No abstract provided.

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

Kent Greenfield

No abstract provided.

Robert, Sebelius, And Constitution Day, Kent Greenfield

Kent Greenfield

No abstract provided.