We the Corporations How American Businesses Won Their Civil Rights

We the Corporations  How American Businesses Won Their Civil Rights

National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named ...

Author: Adam Winkler

Publisher: Liveright Publishing

ISBN: 9780871403841

Category: Law

Page: 384

View: 640

A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Categories: Law

Corporate Governance and Economic Development

Corporate Governance and Economic Development

Adam Winkler (2018) We the Corporations: How American Businesses Won Their Civil Right, op. cit., pp. 37–42. 11. As cited in Reuven S. Avi-Yonah (2017) “ e Four Transformations of the Corporate Form,” in Barnali Choudhury and Martin ...

Author: Anna Lanoszka

Publisher: Taylor & Francis

ISBN: 9780429812125

Category: Business & Economics

Page: 196

View: 487

This book explores the links between different corporate governance systems and their impact on economic development. It focuses on how institutional reforms, legislative changes and codified measures have influenced performance at the firm and country level. Drawing on detailed cases from the UK, USA, China, India, Poland, Brazil, Russia and South Africa, this book takes a truly international and comparative approach to understanding the relationship between regulatory frameworks and economic development. This will be a valuable text for students and researchers of economic development, corporate governance, international political economy, and economic and business history.
Categories: Business & Economics

International Corporate Personhood

International Corporate Personhood

62 Id. 63 Adam Winkler, We the Corporations: How American Businesses Won their Civil Rights (2018). 64 Pankaj Ghemawat, Distance Still Matters: The Hard Reality of Global Expansion, Harvard Business Review (Sept. 2001).

Author: Kevin Crow

Publisher: Routledge

ISBN: 9781000390100

Category: Business & Economics

Page: 234

View: 200

This book tracks the phenomenon of international corporate personhood (ICP) in international law and explores many legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal nature through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in U.S. domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into ‘active’ and ‘passive’ rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that – unlike existing attempts to place the corporation in international legal theory – does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on ‘human problems’ and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have ‘passive’ or procedural rights that cater to problems that can be characterized as ‘universal’ but that international law should avoid universalizing ‘active’ or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally.
Categories: Business & Economics

Corporations Accountability and International Criminal Law

Corporations  Accountability and International Criminal Law

relation to international crimes do not per se imply any corresponding claims of right, beyond those that might properly fix to the ... 128 Winkler, We the Corporations: How American Businesses Won Their Civil Rights (2018) p 387.

Author: Kyriakakis, Joanna

Publisher: Edward Elgar Publishing

ISBN: 9780857939500

Category: Law

Page: 320

View: 466

This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.
Categories: Law

The Queering of Corporate America

The Queering of Corporate America

Although chapter 6 explores efforts by some states to grant legal immunity to business owners who object to LGBTQ equality on ... Adam Winkler, We the Corporations: How American Businesses Won Their Civil Rights (New York: W.W. Norton, ...

Author: Carlos A. Ball

Publisher: Beacon Press

ISBN: 9780807026342

Category: Business & Economics

Page: 256

View: 301

An accurate picture of the LGBTQ rights movement’s achievements is incomplete without this surprising history of how corporate America joined the cause. Legal scholar Carlos Ball tells the overlooked story of how LGBTQ activism aimed at corporations since the Stonewall riots helped turn them from enterprises either indifferent to or openly hostile toward sexual minorities and transgender individuals into reliable and powerful allies of the movement for queer equality. As a result of street protests and boycotts during the 1970s, AIDS activism directed at pharmaceutical companies in the 1980s, and the push for corporate nondiscrimination policies and domestic partnership benefits in the 1990s, LGBTQ activism changed big business’s understanding and treatment of the queer community. By the 2000s, corporations were frequently and vigorously promoting LGBTQ equality, both within their walls and in the public sphere. Large companies such as American Airlines, Apple, Google, Marriott, and Walmart have been crucial allies in promoting marriage equality and opposing anti-LGBTQ regulations such as transgender bathroom laws. At a time when the LGBTQ movement is facing considerable political backlash, The Queering of Corporate America complicates the narrative of corporate conservatism and provides insights into the future legal, political, and cultural implications of this unexpected relationship.
Categories: Business & Economics

American Rule

American Rule

How a Nation Conquered the World but Failed Its People Jared Yates Sexton. 2. Adam Winkler, We the Corporations: How American Businesses Won Their Civil Rights (New York: Liveright Publishing, 2018), 113. 3. Ibid., xiii. 4.

Author: Jared Yates Sexton

Publisher: Penguin

ISBN: 9781524745721

Category: History

Page: 426

View: 541

From writer and political analyst Jared Yates Sexton comes an eye-opening journey through American history that unearths and debunks the myths we've always told ourselves. Recent years have brought a reckoning in America. As rampant political corruption, stark inequality, and violent bigotry have come to the fore, many have faced two vital questions: How did we get here? And how do we move forward? An honest look at the past—and how it’s been covered up—is the only way to find the answers. Americans in power have abused and subjugated others since the nation’s very beginning, and myths of America’s unique goodness have both enabled that injustice and buried the truth for generations. In American Rule, Jared Yates Sexton blends deep research with stunning storytelling, digging into each era of growth and change that led us here—and laying bare the foundational myths at the heart of the American imagination. Stirring, unequivocal, and impossible to put down, American Rule tells the truth about what this nation has always been—and challenges us to forge a new path.
Categories: History

Incorporating Rights

Incorporating Rights

202 See generally Adam Winkler, We The Corporations: How American Businesses Won Their Civil Rights (2018); Valerie P. Hans, Business on Trial: The Civil Jury and Corporate Responsibility 84 (2000) (presenting data from interviews with ...

Author: Erika George

Publisher: Oxford University Press

ISBN: 9780190666736

Category: Law

Page: 304

View: 790

Human rights have not been a central concern of corporate law. Corporate actors have not been a central concern of international human rights law. This book examines existing and emerging strategies that could conceivably close a global governance gap that places human rights at risk and puts commercial actors in the position of becoming complicit in human rights abuses or implicated in abuses when conducting business in emerging market economies or other complex environments. Corporate codes of conduct, sustainability reporting, and selected multi-stakeholder initiatives are presented as the building blocks of a system of strengthening "soft law" that could solidify to become binding baseline standards for better business practices. It explains the conditions that have given rise to constructive change as well as those methods and mechanisms with promise for ensuring that business enterprises incorporate human rights considerations into business operations. This book explores how capital and consumer markets could provide an additional or alternative form of enforcement to promote responsible business conduct. It provides comparative accounts of the creation of industry sector specific regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses after conflicts with concerned constituencies and affected communities. It considers market-based strategies to bring business practices into alignment with the responsibility to respect human rights and examines how corporate social responsibility initiatives could close the governance gap and how codes of conduct could come to regulate like real rules. It argues that regulation through information is essential to ensure that corporate conduct will be informed by human rights considerations and that business policies and practices will be implemented consistent with respect for human rights.
Categories: Law

Ethics Under Capital

Ethics Under Capital

think of the women's movement, the abolition movement, the civil rights movement, the LGBTQ movement, the disability rights movement, and the like. But as Adam Winkler shows in his book, We The Corporations: How American Businesses Won ...

Author: Jason Hannan

Publisher: Bloomsbury Publishing

ISBN: 9781350080614

Category: Philosophy

Page: 248

View: 704

We in the West are living in the midst of a deadly culture war. Our rival worldviews clash with increasing violence in the public arena, culminating in deadly riots and mass shootings. A fragmented left now confronts a resurgent and reactionary right, which threatens to reverse decades of social progress. Commentators have declared that we live in a “post-truth world,” one dominated by online trolls and conspiracy theorists. How did we arrive at this cultural crisis? How do we respond? This book speaks to this critical moment through a new reading of the thought of Alasdair MacIntyre. Over thirty years ago, MacIntyre predicted the coming of a new Dark Ages. The premise of this book is that MacIntyre was right all along. It presents his diagnosis of our cultural crisis. It further presents his answer to the challenge of public reasoning without foundations. Pitting him against John Rawls, Jürgen Habermas, and Chantal Mouffe, Ethics Under Capital argues that MacIntyre offers hope for a critical democratic politics in the face of the culture wars.
Categories: Philosophy

Knowledge Worlds

Knowledge Worlds

The “contracts clause” is found in Article I, Section 10 of the U.S. Constitution. On the Fourteenth Amendment and corporate rights, see Adam Winkler, We the Corporations: How American Businesses Won Their Civil Rights (New York: ...

Author: Reinhold Martin

Publisher: Columbia University Press

ISBN: 9780231548571

Category: Education


View: 239

What do the technical practices, procedures, and systems that have shaped institutions of higher learning in the United States, from the Ivy League and women’s colleges to historically black colleges and land-grant universities, teach us about the production and distribution of knowledge? Addressing media theory, architectural history, and the history of academia, Knowledge Worlds reconceives the university as a media complex comprising a network of infrastructures and operations through which knowledge is made, conveyed, and withheld. Reinhold Martin argues that the material infrastructures of the modern university—the architecture of academic buildings, the configuration of seminar tables, the organization of campus plans—reveal the ways in which knowledge is created and reproduced in different kinds of institutions. He reconstructs changes in aesthetic strategies, pedagogical techniques, and political economy to show how the boundaries that govern higher education have shifted over the past two centuries. From colleges chartered as rights-bearing corporations to research universities conceived as knowledge factories, educating some has always depended upon excluding others. Knowledge Worlds shows how the division of intellectual labor was redrawn as new students entered, expertise circulated, science repurposed old myths, and humanists cultivated new forms of social and intellectual capital. Combining histories of architecture, technology, knowledge, and institutions into a critical media history, Martin traces the uneven movement in the academy from liberal to neoliberal reason.
Categories: Education

Local Citizenship in a Global Age

Local Citizenship in a Global Age

Earle,43 the Supreme Court held that corporations were not citizens and therefore not entitled to the protections of ... treatment of corporations, see Adam Winkler: We the Corporations: How American Businesses Won their Civil Rights ...

Author: Kenneth A. Stahl

Publisher: Cambridge University Press

ISBN: 9781108889186

Category: Law


View: 815

Although it is usually assumed that only the federal government can confer citizenship, localities often give residents who are noncitizens at the federal level the benefits of local citizenship: access to medical care, education, housing, security, labor and consumer markets, and even voting rights. In this work, Kenneth A. Stahl demonstrates that while the existence of these 'noncitizen citizens' has helped to reconcile competing commitments within liberal democracy to equality and community, the advance of globalization and the rise of nationalist political leaders like Donald Trump has caused local and federal citizenship to clash. For nationalists, localities' flexible approach to citizenship is a Trojan horse undermining state sovereignty from within, while liberals see local citizenship as the antidote to a reactionary ethnic nationalism. This book should be read by anyone who wants to understand why citizenship has become one of the most important issues in national politics today.
Categories: Law