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Faculty Scholarship at Penn Law

Corporations

Legal Theory

2016

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Constitutionalizing Corporate Law, Elizabeth Pollman Jan 2016

Constitutionalizing Corporate Law, Elizabeth Pollman

Faculty Scholarship at Penn Law

The Supreme Court has recently decided some of the most important and controversial cases involving the federal rights of corporations in over two hundred years of jurisprudence. In rulings ranging from corporate political spending to religious liberty rights, the Court has dramatically expanded the zone in which corporations can act free from regulation. This Article argues these decisions represent a doctrinal shift, even from previous cases granting rights to corporations. The modern corporate rights doctrine has put unprecedented weight on state corporate law to act as a mechanism for resolving disputes among corporate participants regarding the expressive and religious activity ...