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Corporations

Selected Works

2013

Lyman P. Q. Johnson

Articles 1 - 3 of 3

Full-Text Articles in Law

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 …


Enduring Equity In The Close Corporation, Lyman P.Q. Johnson Jan 2013

Enduring Equity In The Close Corporation, Lyman P.Q. Johnson

Lyman P. Q. Johnson

This Article develops the theme of change/sameness in corporate law. Written to commemorate the thirty-fifth anniversary of Wilkes v. Springside Nursing Home, Inc., the Article argues that the equitable fiduciary duties so central to Wilkes endure today in the close corporation precisely because equity, by its nature, is so exquisitely adaptive – under constantly changing circumstances − to the ongoing pursuit of a just ordering within the corporation. Unlike fixed legal rules – which are categorical, static, and do not take sufficient account of changes wrought by time or human arationality – equity is malleable and timely as it reckons …


New Approaches To Corporate Law, Lyman P. Q. Johnson Jan 2013

New Approaches To Corporate Law, Lyman P. Q. Johnson

Lyman P. Q. Johnson

No abstract provided.