We the Corporations

We the Corporations

We the Corporations chronicles the astonishing story of one of the most successful yet least well-known “civil rights movements” in American history.

Author: Adam Winkler

Publisher: National Geographic Books

ISBN: 9780871407122

Category: History

Page: 0

View: 113

We the Corporations chronicles the astonishing story of one of the most successful yet least well-known “civil rights movements” in American history. Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people. Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since, corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights. Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses. Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement. In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.
Categories: History

We the Corporations How American Businesses Won Their Civil Rights

We the Corporations  How American Businesses Won Their Civil Rights

To say that corporations have had a civil rights movement of their own should not trivialize the historic struggles by racial minorities, women, the LGBT community, and others to gain equal citizenship. The people involved in those ...

Author: Adam Winkler

Publisher: Liveright Publishing

ISBN: 9780871403841

Category: Law

Page: 384

View: 323

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: 178

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: 992

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: 761

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: 258

View: 419

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

Civil Rights in America

Civil Rights in America

Adam Winkler, We the Corporations: How American Businesses Won Their Civil Rights (New York: Liveright, 2018). 4. Jeremy Rabkin, “A 'Civil Rights' Snare,” New Perspectives 17 (Winter 1985): 3–7, at 3; William F. Buckley, “Doubletalk on ...

Author: Christopher W. Schmidt

Publisher: Cambridge University Press

ISBN: 9781108691024

Category: Political Science

Page:

View: 781

The term 'civil rights' has such a familiar presence in discussions about American politics and law that we tend to use it reflexively and intuitively, but rarely do we stop to think about what exactly we mean when we use the term and why certain uses strike us as right or wrong. In this book, Professor Christopher W. Schmidt tells the story of how Americans have fought over the meaning of civil rights from the Civil War through today. Through their struggles over what it means to live in a nation dedicated to protecting civil rights, each generation has given the label new life and new meaning. Civil Rights in America shows how the words we use to understand our world become objects of contestation and points of leverage for social, political, and legal action.
Categories: Political Science

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: 263

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

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: 322

View: 454

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

Feminist Judgments Corporate Law Rewritten

Feminist Judgments  Corporate Law Rewritten

In particular, do corporations have a moral status that compels recognition of rights to political speech and ... Adam Winkler, We the Corporations: How American Businesses Won Their Civil Rights (2018) (offering a more complex picture, ...

Author: Anne M. Choike

Publisher: Cambridge University Press

ISBN: 9781316516768

Category: Business & Economics

Page: 489

View: 709

An essential foundation for any lawyer or law student, businessperson, or scholar interested in feminism's applications to corporate law.
Categories: Business & Economics