The Supreme Court and the Pro-Business Paradox

Corporations have long posed conceptual difficulties in a variety of doctrinal contexts. From the first cases involving corporate claims for protection under the US Constitution, to early recognitions of corporate criminal liability a century later, the Supreme Court has an extensive history of inqu...

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Bibliographic Details
Published in:Harvard law review 2021-11, Vol.135 (1), p.1
Main Author: Pollman, Elizabeth
Format: Article
Language:English
Subjects:
Business
Companies
Constitution-US
Corporate profits
Criminal liability
State court decisions
Supreme courts
White collar crime
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Summary:Corporations have long posed conceptual difficulties in a variety of doctrinal contexts. From the first cases involving corporate claims for protection under the US Constitution, to early recognitions of corporate criminal liability a century later, the Supreme Court has an extensive history of inquiring into the nature of corporations and what that answer might tell us about their rights and responsibilities. If "business" is equated with corporate profit-seeking, private ordering, or managerial power, then it might appear there is no paradox. But if one digs beneath the surface of these concepts, or takes a more capacious view of "business," a deep and growing contradiction emerges between the Court's business-related decisions and other currents in business law.
ISSN:0017-811X
2161-976X