Document Type
Article
Publication Date
2016
Abstract
This essay was written for the 21st Annual Clifford Symposium: The Supreme Court, Business, and Civil Justice. The essay argues that existing lines drawn between corporations may be a useful starting place for analyzing the rights of corporations, but caution must be used because the lines drawn in other areas were done for various policy reasons in different contexts that may not map onto the corporate rights determination. Attention should be paid to the specific characteristics of corporations that are relevant to the right at stake and the basis for extending protection. The key contribution of this essay is to advance the discussion by examining the utility of common lines that the law has already drawn between corporations: the for-profit/nonprofit line, the public/private line, and the closely held category.
Keywords
Corporate Constitutional Rights, Corporate Rights, Citizens United, Hobby Lobby, Closely Held Corporations, Public Corporations, Private Corporations, For-Profit, Nonprofit
Publication Title
DePaul Law Review
Repository Citation
Pollman, Elizabeth, "Line Drawing in Corporate Rights Determinations" (2016). All Faculty Scholarship. 2557.
https://scholarship.law.upenn.edu/faculty_scholarship/2557
Included in
Business Organizations Law Commons, Constitutional Law Commons, Law and Economics Commons, Legal Theory Commons
Publication Citation
65 DePaul L. Rev. 597 (2016)