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2015

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Business Organizations Law

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Why Personhood Matters, Tamara R. Piety Jan 2015

Why Personhood Matters, Tamara R. Piety

Articles, Chapters in Books and Other Contributions to Scholarly Works

One of the most controversial aspect of the Supreme Court's decisions in Citizens United and Hobby Lobby is its treatment of corporate personhood. Many members of the public object to the notion that corporations should have the same rights as human beings. Yet many scholars claim that this concern is misplaced. In this article I argue that concern about corporate personhood is not misplaced because the personhood metaphor conceals the degree to which there has not been an adequate justification given for extending fundamental rights to corporations. Focusing on personhood allows us to push on the metaphor to ask whether …