Split personalities

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Used and Designed for Theories of Constitutional Interpretation

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Split personalities

  1. 1. SPLIT PERSONALITY The Fallacy of Corporate PersonhoodWednesday, October 26, 11
  2. 2. The First AmendmentWednesday, October 26, 11
  3. 3. The First Amendment “Congress shall make no law ...abridging   the freedom of  speech,   or of the  press;   or the right of the people peaceably to assemble...”Wednesday, October 26, 11
  4. 4. Original Intent 4Wednesday, October 26, 11
  5. 5. The Framers would have taken “it as a given that corporations could be comprehensively regulated in the service of the public welfare.” - Justice Stevens Original Intent 5Wednesday, October 26, 11
  6. 6. “Modern Corporations ... would probably have been favored by most of our enterprising founders...” -Justice Scalia Original Intent 6Wednesday, October 26, 11
  7. 7. Original Public Meaning 7Wednesday, October 26, 11
  8. 8. Original Public Meaning “[Corporations] ...were legally privileged organization that had to be closely scrutinized by the legislature because their purposes had to be made consistent with public welfare.” - Justice Stevens 8Wednesday, October 26, 11
  9. 9. Legislative History ofCorporate RestrictionsWednesday, October 26, 11
  10. 10. Legislative History ofCorporate Restrictions 1907 The 5 Key Acts 1947 1907 1972 2002Wednesday, October 26, 11
  11. 11. The 1907 Tillman Act 1947 1910Wednesday, October 26, 11
  12. 12. Federal 1907 Corrupt Practices Act 1947 1910Wednesday, October 26, 11
  13. 13. The 1907 Taft-Hartly Act 1947 1910Wednesday, October 26, 11
  14. 14. 1972 2002 Federal Election Campaign ActWednesday, October 26, 11
  15. 15. 1972 2002 Bipartisan Campaign Reform ActWednesday, October 26, 11
  16. 16. Theories 16Wednesday, October 26, 11
  17. 17. Theories Autonomy v. Public Debate 17Wednesday, October 26, 11
  18. 18. Autonomy 18Wednesday, October 26, 11
  19. 19. Public Debate 19Wednesday, October 26, 11
  20. 20. Theories Real Entity vs. Artificial Entity 20Wednesday, October 26, 11
  21. 21. Real Entity 21Wednesday, October 26, 11
  22. 22. Artificial Entity 22Wednesday, October 26, 11
  23. 23. TheoriesShareholder Protection & Anti-Distortion 23Wednesday, October 26, 11
  24. 24. Shareholder Protection 24Wednesday, October 26, 11
  25. 25. Anti-Distortion 25Wednesday, October 26, 11
  26. 26. SPLIT PERSONALITY The Fallacy of Corporate PersonhoodWednesday, October 26, 11
  27. 27. Bibliography Citizens United v. Fed. Election Commn., 130 S. Ct. 876 (2010) Floyd Abrams, Protecting the Heart of the First Amendment, Defending Citizens United, 9 First Amend. L. Rev. 193 (2010) Dale Rubin, Corporate Personhood: How the Courts Have Employed Bogus Jurisprudence to Grant Corporations Constitutional Rights Intended for Individuals, 28 Quinnipiac L. Rev. 523 (2010) David Shelledy, Autonomy, Debate, and Corporate Speech, 18 Hastings Const. L.Q. 541 (1991) Anne Tucker, Flawed Assumptions: A Corporate Law Analysis of Free Speech and Corporate Personhood in Citizens United, 61 Case W. Res. L. Rev. 497 (2010)Wednesday, October 26, 11
  28. 28. Photo Credits www.flickr.com/photos/allensima/6033657657/ www.flickr.com/photos/bensutherland/111965845/ www.flickr.com/photos/cclunie/5832128881/ www.flickr.com/photos/digitizedchaos/3861109576/ www.flickr.com/photos/evertwh/3348440435/ www.flickr.com/photos/grimages/2816577131/ www.flickr.com/photos/imarcc/5574406567/ www.flickr.com/photos/imarcc/5574406573/ www.flickr.com/photos/jdhancock/4617759902/ www.flickr.com/photos/mr_g_travels/1235089961/ www.flickr.com/photos/pinkmoose/3576739539/ www.flickr.com/photos/_tiffany/3257178250/ www.flickr.com/photos/tom_ruaat/3608394553/ Images of Fight Club are property of Twentieth Century Fox Home Entertainment.Wednesday, October 26, 11

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