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Selected Works

Lyman P. Q. Johnson

Corporate personhood

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Full-Text Articles in Law

Relating Fiduciary Duties To Corporate Personhood And Corporate Purpose, Lyman P. Q. Johnson Dec 2015

Relating Fiduciary Duties To Corporate Personhood And Corporate Purpose, Lyman P. Q. Johnson

Lyman P. Q. Johnson

The subjects of corporate personhood, corporate purpose, and fiduciary duties are all central to corporate law discourse.  But what is the relationship of each of these to the others?  This chapter describes how corporate personhood, corporate purpose, and fiduciary duties are vitally and coherently connected.  While longstanding debates about the theoretical nature of corporateness likely will continue, corporations are meaningful socio-legal entities separate and distinct from those persons associated with them.  With respect to corporate purpose, the objective or “mission” of a business company is to provide goods or services in a particular manner, goals that may in part be …

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Law And Legal Theory In The History Of Corporate Responsibility: Corporate Personhood, Lyman P.Q. Johnson Jan 2013

Law And Legal Theory In The History Of Corporate Responsibility: Corporate Personhood, Lyman P.Q. Johnson

Lyman P. Q. Johnson

This paper, part of a larger scholarly project, addresses one of four areas – i.e., the emergence of corporate personhood – where, historically, law has both influenced and mirrored cultural expectations concerning corporate responsibility. The other areas (treated elsewhere) are corporate purpose, corporate regulation, and corporate governance. Corporate personhood is a subject of longstanding and recurring interest that, notwithstanding it has been a settled concept since the 19th century, continues to vex and excite, as seen in the U. S. Supreme Court’s splintered 5-4 decision in the 2010 case of Citizens United v. Federal Election Commission. The decades-long debates about …

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