Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Alien Tort (1)
- Arrow Theorem (1)
- CSR (1)
- Citizens United (1)
- Collective irrationality (1)
-
- Condorcet cycling (1)
- Constitutional Law (1)
- Corporate person (1)
- Corporate personhood (1)
- Corporate rights (1)
- Corporate social responsibility (1)
- Corporations (1)
- Dartmouth College (1)
- Democractic decisionmaking (1)
- Economics (1)
- General Law (1)
- Human rights (1)
- Impossibility Theorem (1)
- International Law and International Relations (1)
- International law (1)
- Interpersonal Comparison of Utilities (1)
- Jurisprudence (1)
- Jurisprudence, Government, Courts, and Constitutional Law (1)
- Justice (1)
- Kenneth J. Arrow (1)
- Kiobel (1)
- Law and Economics (1)
- Law and Society (1)
- Personhood (1)
- Politics (1)
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Legal Theory
Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan
Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan
Donald J. Kochan
This Response argues that as ATS jurisprudence “matures” or becomes more sophisticated, the legitimate limits of the law regress. The further expansion within the corporate defendant pool – attempting to pin liability on parent, great grandparent corporations and up to the top – raises the stakes and complexity of ATS litigation. The corporate social responsibility discussion raises three principal issues about how a moral corporation lives its life: how a corporation chooses its self-interest versus the interests of others, when and how it should help others if control decisions may harm the shareholder owners, and how far the corporation must …
Collective Choice, Justin Schwartz
Collective Choice, Justin Schwartz
Justin Schwartz
This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …
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. …