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Full-Text Articles in Social and Behavioral Sciences
The Post-Citizens United Fantasy-Land, Roy A. Schotland
The Post-Citizens United Fantasy-Land, Roy A. Schotland
Georgetown Law Faculty Publications and Other Works
First, a bouquet for the illuminating facts presented by Professors Wert, Gaddie, and Bullock. They make dramatically clear how minuscule independent spending by corporate PACs has been (that is, those PACs’ direct spending as distinct from support by those PACs or their corporate sponsors for spending by intermediaries like the Chamber of Commerce). Their showing is borne out by experience this year: corporate support for campaigns is almost all hidden, flowing through intermediaries, which is why getting effective disclosure is more important than ever, as the Court clearly recognizes (We probably owe much to Justice Kennedy for the fact that …
Reconceiving Corporate Personhood, Elizabeth Pollman
Reconceiving Corporate Personhood, Elizabeth Pollman
All Faculty Scholarship
Why is a corporation a “person” for purposes of the Constitution? This old question has become new again with public outrage over Citizens United, the recent campaign finance case which expanded corporate constitutional speech rights. This Article traces the historical and jurisprudential developments of corporate personhood and concludes that the doctrine’s origins had the limited purview of protecting individuals’ property and contract interests. Over time, the Supreme Court expanded the doctrine without a coherent explanation or consistent approach. The Court has relied on the older cases that were decided in different contexts and on various flawed conceptions of the corporation. …
Corporate Speech In The Wake Of Citizens United V. Federal Election Commission, Eric Groonwald
Corporate Speech In The Wake Of Citizens United V. Federal Election Commission, Eric Groonwald
All Graduate Theses, Dissertations, and Other Capstone Projects
This paper provides an overview of the Citizens United v. Federal Election Commission Supreme Court case and subsequent ruling. Discussion includes the impact on corporate electoral speech, current disclosure and disclaimer laws and reform options.