Corporations as PersonsWeek 11, G205 - Gendered Ads & Global Consumer IdentityBose and Lyons and The CorporationUpcoming, Week 12Read Naomi Klein: Ch. 16 on Tues./18 on Thurs.No Blog #5 – Please turn in all outstanding work and extra credit by the end of next week or no credit.
Corporations as “Natural” PersonsIn the United States, corporations were recognized as having rights to contract, and to have those contracts honored the same as contracts entered into by natural persons, in Dartmouth College v. Woodward, decided in 1819. In the 1886 case Santa Clara County v. Southern Pacific Railroad, 118 U.S. 394, the Supreme Court recognized that corporations were persons for purposes of the Fourteenth Amendment.The Corporation asserts the initial legislation interpreted by the court in 1819 was intended to apply to freed slaves. “307 law suits were brought before the court: 19 by freed slaves and 288 by corporations.”Some critics of corporate personhood,  such as Thom Hartmann in his book "Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights," claims this history was an intentional misinterpretation of the case inserted into the Court record by reporter J.C. Bancroft Davis.  Bancroft Davis had previously served as president of Newburgh and New York Railway Co.
What is a person?A human being regarded as an individual;  a category to denote a speaker (example first, second, third person writing)Oxford English DictionaryCategory used to denote a corporation which is an artificial person. 1 Bl. Com. 123; 4 Bing. 669; C. 33 Eng. C. L R. 488; Woodes. Lect. 116; Bac. Us. 57; 1 Mod. 164.
Definition of CorporationA corporation is a legal entity created by state law to accomplish a stated purpose.Three Types:	1. Corporations for profit	2. Corporations not for profit	3. Government owned corporations
Privileges of Corporate PersonhoodCorporations are distinct legal entities which exist separate from shareholders as shareholders have limited liability. Corporations can engage in civil litigation. Corporations can own property (called “islanding” in transnational real estate interactions, Bose and Lyons).Corporations are immortal.Is this an ultimate way to escape gender?How have we understood personhood (subjectivity) thus far?
PonderousHow have we understood personhood (subjectivity) thus far?Binary oppositionBody as visible proof of difference (inherent/innate/essential)Sexed as male/female Sexed body experienced through adherence to gender norms.Gender is experientially different for males and females via their various embodiment of and associations with masculinity and femininity.Sex, Gender are assumed to be dimorphic and mutually exclusive, invariant, fixed, and constant across time and space.  Heterosexuality or a sexual attraction to the “opposite sex,” is a condition of this norm.
The Corporation (QW#6) DiscussionWhat role do corporations play in your life?What kind of person is the corporation, according to the filmmakers?Do you agree/disagree?Should corporations have the same rights as individuals?Other questions from your worksheet?Other questions in general?
Madonna’s African Charity Displaced Villagers and Wasted $3.8 MillionMarch 28, 2011Source: The AtlanticIt seemed like a wonderful plan. Madonna would build a $15 million academy for 400 impoverished girls in Malawi. Her charity, Raising Malawi, collected $18 million and the project had the support of elite Hollywood circles and the Jewish mysticism group Kabbalah Centre International. Unfortunately, it ended up doing more harm than good, reports The New York Times. According to a damning audit, the manager’s of the school project, which was abandoned in January, wasted $3.8 million on lavish purchases such as cars, chauffeurs, golf course memberships and free housing.“The project has not broken ground, there was no title to the land and there was, over all, a startling lack of accountability on the part of the management team in Malawi and the management team in the United States,” said Trevor Neilson, a philanthropist recruited by Madonna to examine problems at the charity. “We have yet to determine exactly what happened to all of that $3.8 million. We have not accounted for all the funds that were used.”Making matters worse, The Guardian notes that the 117-acre construction site had forced Malawian villagers from their ancestral land for what they thought would be a thriving school. Upon learning that the project had been scrapped in January, village elders were furious and the Malawian government summoned Madonna to explain herself.At the time, Madonna said her plans changed because “I want to reach thousands, not hundreds of girls” referring to a new plan to build high schools across the country. But, according to the Times, that’s not what her adviser, Trevor Neilson, is recommending she do. “He told her that building an expensive school in Malawi was an ineffective form of philanthropy, and suggested instead using resources to finance education programs though existing and proven nongovernmental organizations,” writes the Times. In response to the audit, Madonna issued the following statement:There’s a real education crisis in Malawi. Sixty-seven percent of girls don’t go to secondary school, and this is simply unacceptable. Our team is going to work hard to address this in every way we can…While I’m proud of these accomplishments, I’m frustrated that our education work has not moved forward in a faster way.
de CerteauStrategies of ProducersThe "proper" is a triumph of place over time. It is also a mastery of places through sight. The division of space makes possible a panoptic practice proceeding from a place whence the eye can transform foreign forces into objects that can be observed and measured, and thus control and "include" them within its scope of vision.  To be able to see (far into the distance) is also to be able to predict, to run ahead of time by reading a space.The power of knowledge is the ability to transform the uncertainties of history into readable spaces. Tactics of Users of Productsprocedures that gain validity in relation to the pertinence they lend to time--to the circumstances which the precise instant of an intervention transforms into a favorable situation, to the rapidity of the movements that change the organization of a space, to the relations among successive moments in an action, to the possible intersections of durations and heterogeneous rhythms, etc.(38)
MULTINATIONAL & TRANSNATIONAL CORPORATIONSFirst MNC was Dutch East India Co (1602), granted monopoly in colonial trade.  Today, UN estimates about 62,000 MNCs with 900,000 affiliates.Review:Modernity in America occurred over several hundred years and is most often associated with the rise of industry (factories, urbanization, etc.) in the 19th and early 20th centuries.Globalization describes an ongoing process by which regional economies, societies, and cultures have become integrated through globe-spanning networks of communication  and trade; a process whereby an increased portion of economic or other activity is carried out across national borders.Discussion Questions: Why do nations trade goods and services?  What are gains from specialized production?
 How economically important are foreign direct investments of multi- and transnational corporations?  Who benefits most from FDI (Foreign Direct Investments)?
Is a sinister network of interlocked firms dominating the world economy, using its political power to oppress?
 Who can compel MNCs to become more accountable corporate citizens?Where’s the Gender?ProducersConsumers
Bose and Lyons, Critical Corporation Studies
Modernity & GlobalizationCITIZENSHIPConsumerismIdentityGenderReview from first eight weeks (A. Berger, Peiss, Rooks)
GenderPersonhoodPeiss and gendered spaces: women at home, men = work, then shopping = Woman as consumer = Leisure (feminized, docile, not work)Women as a massCitizenship“way of life” or ”lifestyle”=class status= respectability =consumer citizenship (p1, Peiss)Corporate Citizens?
Racialized Spaces / Gendered Spaces (Lutz & Collins)First world“Real” peopleMachine usageWhiteActiveThird WorldSpace of “fantasy”Ritual practicesPassiveColorism by activity (dark skin=more labor, poor, infantile)Women represent “women of the world”Women signify “Universal Human powers”
Corporation for President?On January 21, 2010, the Supreme Court overturned a 20-year-old ruling that had previously prohibited corporations and unions from using money from their general treasuries to produce and run their own campaign ads.
The CorporationBoard notesModernity – Industry Productivity - Capitalism1st v. 3rd WorldDemocracy ? 	“a form of government in which the people have a voice in the 	exercise of power, typically through elected representatives.” (OED)Subjectivity/CitizenshipHow do we understand economics as a gendering or gendered process?
GenderEstablished psychological, social, and representational differences between men and women. The socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women, often approached through masculinity and femininity.  Gender is far more than a synonym or euphemism for the biological distinction between the sexes. It is a fundamental framework for how we view, know, and categorize the world in general.
Rooks & Racial Uplift CitizenshipBlack elites' response and challenge to white supremacy.  It was a seemingly contradictory position as both an aspiring social class and a racially subordinated caste denied all political rights and protections, struggling to define themselves within a society founded on white dominance.
accompanied by a practical methodology of self-help.  Self-help sought to refute the view that African Americans were biologically inferior and unassimilable by incorporating "the race" into ostensibly universal but deeply racialized ideological categories of Western progress and civilization.

Corporations as people

  • 1.
    Corporations as PersonsWeek11, G205 - Gendered Ads & Global Consumer IdentityBose and Lyons and The CorporationUpcoming, Week 12Read Naomi Klein: Ch. 16 on Tues./18 on Thurs.No Blog #5 – Please turn in all outstanding work and extra credit by the end of next week or no credit.
  • 2.
    Corporations as “Natural”PersonsIn the United States, corporations were recognized as having rights to contract, and to have those contracts honored the same as contracts entered into by natural persons, in Dartmouth College v. Woodward, decided in 1819. In the 1886 case Santa Clara County v. Southern Pacific Railroad, 118 U.S. 394, the Supreme Court recognized that corporations were persons for purposes of the Fourteenth Amendment.The Corporation asserts the initial legislation interpreted by the court in 1819 was intended to apply to freed slaves. “307 law suits were brought before the court: 19 by freed slaves and 288 by corporations.”Some critics of corporate personhood, such as Thom Hartmann in his book "Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights," claims this history was an intentional misinterpretation of the case inserted into the Court record by reporter J.C. Bancroft Davis. Bancroft Davis had previously served as president of Newburgh and New York Railway Co.
  • 3.
    What is aperson?A human being regarded as an individual; a category to denote a speaker (example first, second, third person writing)Oxford English DictionaryCategory used to denote a corporation which is an artificial person. 1 Bl. Com. 123; 4 Bing. 669; C. 33 Eng. C. L R. 488; Woodes. Lect. 116; Bac. Us. 57; 1 Mod. 164.
  • 4.
    Definition of CorporationAcorporation is a legal entity created by state law to accomplish a stated purpose.Three Types: 1. Corporations for profit 2. Corporations not for profit 3. Government owned corporations
  • 5.
    Privileges of CorporatePersonhoodCorporations are distinct legal entities which exist separate from shareholders as shareholders have limited liability. Corporations can engage in civil litigation. Corporations can own property (called “islanding” in transnational real estate interactions, Bose and Lyons).Corporations are immortal.Is this an ultimate way to escape gender?How have we understood personhood (subjectivity) thus far?
  • 6.
    PonderousHow have weunderstood personhood (subjectivity) thus far?Binary oppositionBody as visible proof of difference (inherent/innate/essential)Sexed as male/female Sexed body experienced through adherence to gender norms.Gender is experientially different for males and females via their various embodiment of and associations with masculinity and femininity.Sex, Gender are assumed to be dimorphic and mutually exclusive, invariant, fixed, and constant across time and space. Heterosexuality or a sexual attraction to the “opposite sex,” is a condition of this norm.
  • 7.
    The Corporation (QW#6)DiscussionWhat role do corporations play in your life?What kind of person is the corporation, according to the filmmakers?Do you agree/disagree?Should corporations have the same rights as individuals?Other questions from your worksheet?Other questions in general?
  • 8.
    Madonna’s African CharityDisplaced Villagers and Wasted $3.8 MillionMarch 28, 2011Source: The AtlanticIt seemed like a wonderful plan. Madonna would build a $15 million academy for 400 impoverished girls in Malawi. Her charity, Raising Malawi, collected $18 million and the project had the support of elite Hollywood circles and the Jewish mysticism group Kabbalah Centre International. Unfortunately, it ended up doing more harm than good, reports The New York Times. According to a damning audit, the manager’s of the school project, which was abandoned in January, wasted $3.8 million on lavish purchases such as cars, chauffeurs, golf course memberships and free housing.“The project has not broken ground, there was no title to the land and there was, over all, a startling lack of accountability on the part of the management team in Malawi and the management team in the United States,” said Trevor Neilson, a philanthropist recruited by Madonna to examine problems at the charity. “We have yet to determine exactly what happened to all of that $3.8 million. We have not accounted for all the funds that were used.”Making matters worse, The Guardian notes that the 117-acre construction site had forced Malawian villagers from their ancestral land for what they thought would be a thriving school. Upon learning that the project had been scrapped in January, village elders were furious and the Malawian government summoned Madonna to explain herself.At the time, Madonna said her plans changed because “I want to reach thousands, not hundreds of girls” referring to a new plan to build high schools across the country. But, according to the Times, that’s not what her adviser, Trevor Neilson, is recommending she do. “He told her that building an expensive school in Malawi was an ineffective form of philanthropy, and suggested instead using resources to finance education programs though existing and proven nongovernmental organizations,” writes the Times. In response to the audit, Madonna issued the following statement:There’s a real education crisis in Malawi. Sixty-seven percent of girls don’t go to secondary school, and this is simply unacceptable. Our team is going to work hard to address this in every way we can…While I’m proud of these accomplishments, I’m frustrated that our education work has not moved forward in a faster way.
  • 9.
    de CerteauStrategies ofProducersThe "proper" is a triumph of place over time. It is also a mastery of places through sight. The division of space makes possible a panoptic practice proceeding from a place whence the eye can transform foreign forces into objects that can be observed and measured, and thus control and "include" them within its scope of vision. To be able to see (far into the distance) is also to be able to predict, to run ahead of time by reading a space.The power of knowledge is the ability to transform the uncertainties of history into readable spaces. Tactics of Users of Productsprocedures that gain validity in relation to the pertinence they lend to time--to the circumstances which the precise instant of an intervention transforms into a favorable situation, to the rapidity of the movements that change the organization of a space, to the relations among successive moments in an action, to the possible intersections of durations and heterogeneous rhythms, etc.(38)
  • 10.
    MULTINATIONAL & TRANSNATIONALCORPORATIONSFirst MNC was Dutch East India Co (1602), granted monopoly in colonial trade. Today, UN estimates about 62,000 MNCs with 900,000 affiliates.Review:Modernity in America occurred over several hundred years and is most often associated with the rise of industry (factories, urbanization, etc.) in the 19th and early 20th centuries.Globalization describes an ongoing process by which regional economies, societies, and cultures have become integrated through globe-spanning networks of communication and trade; a process whereby an increased portion of economic or other activity is carried out across national borders.Discussion Questions: Why do nations trade goods and services? What are gains from specialized production?
  • 11.
    How economicallyimportant are foreign direct investments of multi- and transnational corporations? Who benefits most from FDI (Foreign Direct Investments)?
  • 12.
    Is a sinisternetwork of interlocked firms dominating the world economy, using its political power to oppress?
  • 13.
    Who cancompel MNCs to become more accountable corporate citizens?Where’s the Gender?ProducersConsumers
  • 14.
    Bose and Lyons,Critical Corporation Studies
  • 15.
    Modernity & GlobalizationCITIZENSHIPConsumerismIdentityGenderReviewfrom first eight weeks (A. Berger, Peiss, Rooks)
  • 16.
    GenderPersonhoodPeiss and genderedspaces: women at home, men = work, then shopping = Woman as consumer = Leisure (feminized, docile, not work)Women as a massCitizenship“way of life” or ”lifestyle”=class status= respectability =consumer citizenship (p1, Peiss)Corporate Citizens?
  • 17.
    Racialized Spaces /Gendered Spaces (Lutz & Collins)First world“Real” peopleMachine usageWhiteActiveThird WorldSpace of “fantasy”Ritual practicesPassiveColorism by activity (dark skin=more labor, poor, infantile)Women represent “women of the world”Women signify “Universal Human powers”
  • 18.
    Corporation for President?OnJanuary 21, 2010, the Supreme Court overturned a 20-year-old ruling that had previously prohibited corporations and unions from using money from their general treasuries to produce and run their own campaign ads.
  • 19.
    The CorporationBoard notesModernity– Industry Productivity - Capitalism1st v. 3rd WorldDemocracy ? “a form of government in which the people have a voice in the exercise of power, typically through elected representatives.” (OED)Subjectivity/CitizenshipHow do we understand economics as a gendering or gendered process?
  • 20.
    GenderEstablished psychological, social,and representational differences between men and women. The socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women, often approached through masculinity and femininity.  Gender is far more than a synonym or euphemism for the biological distinction between the sexes. It is a fundamental framework for how we view, know, and categorize the world in general.
  • 21.
    Rooks & RacialUplift CitizenshipBlack elites' response and challenge to white supremacy.  It was a seemingly contradictory position as both an aspiring social class and a racially subordinated caste denied all political rights and protections, struggling to define themselves within a society founded on white dominance.
  • 22.
    accompanied by apractical methodology of self-help.  Self-help sought to refute the view that African Americans were biologically inferior and unassimilable by incorporating "the race" into ostensibly universal but deeply racialized ideological categories of Western progress and civilization.

Editor's Notes

  • #2 Can one be considered a person without gender?
  • #4 Can we be persons without being gendered?
  • #7 Binary oppositional inherent or innate or essentialNorms are 1) Aligned – assumed equivalence between sex, gender, and thus sexuality; 2) Invariant- fixed and constant across the life course; and 3) Dimorphic- with two distinct, mutually exclusive sexes.
  • #9 http://static.slidesharecdn.com/swf/ssplayer2.swf?doc=brand-madonna-3210&stripped_title=brand-madonna&userName=theevilp
  • #11 Modernity – Industry – Capitalism – 1st v third world (Lutz & Collins)GlobalizationDemocracySubjectivity/Citizenship – human rightsEconomics or gender / economics and gender?
  • #15 PeissIndustrial RevolutionGendered spaces: women at home, men = work, then shopping = Woman as consumer = Leisure (feminized, docile, not work)Women as a mass“way of life” or ”lifestyle”=class status= respectability =consumer citizenship (p1)1910s Women as a commodityProfessionalization and Woman as producerWomen with special insights to other women = POV = product endorsements
  • #17 http://www.npr.org/templates/story/story.php?storyId=122805666