Member Corporations, Property Corporations, and Constitutional Rights
In: Law and Ethics of Human Rights 11 (1): 31-60 (April 2017)
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In: Law and Ethics of Human Rights 11 (1): 31-60 (April 2017)
SSRN
In: International law reports, Band 66, S. 395-398
ISSN: 2633-707X
States as international persons — In general — Recognition of acts of foreign States and governments — Act of State doctrine — Action for violation of market sharing agreement — Alleged attempt to monopolise — Sale of military aircraft to foreign governments — The law of the United States
In: American journal of international law: AJIL, Band 77, Heft 4, S. 882-885
ISSN: 2161-7953
In: Dokumente H. 22
In: Law & ethics of human rights, Band 11, Heft 1, S. 31-59
ISSN: 1938-2545
Abstract
Historically, a corporation was regarded as an artificial creation of law
possessing only what rights and powers its constituting charter confers upon it.
This "concession" or "grant" theory has been
eclipsed, especially in the United States, by the view that the corporation is a
mere association of natural persons, and that its rights are those of its
"members" and "owners," the shareholders, who, as
persons and citizens, bring even constitutional rights to the corporation. This
associational view rests on a triple confusion. First, it confuses the
corporation (the rights-bearing corporate entity) with the corporate firm, which
is associational, leaving the impression that the corporation can be reduced to
natural persons. This underwrites the second confusion, that the business
corporation is a member corporation, with the shareholders as members, when in
fact it is a property corporation without members. The histories of the Dutch
and English East India Companies are drawn on to explain the origins of this
second confusion. Third, it confuses the member corporation with a partnership,
when it imagines that the rights of the corporation are simply those of its
individual shareholders. Instead, as maintained by the grant theory, a
corporation should only receive such rights as are conferred on it by charter or
statute on the basis of policy considerations.
In: University of Pennsylvania Journal of Constitutional Law, Band 20, Heft 5
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Working paper
In: Latin American research review: LARR ; the journal of the Latin American Studies Association (LASA), Band 17, Heft 2, S. 185
ISSN: 0023-8791
In: Greenwood Guides to Business and Economics Series
Intro -- Contents -- Illustrations -- Series Foreword -- Preface -- Chronology -- 1. Development of the Corporation -- 2. Transformation of the Corporation -- 3. The Postmodern Corporation -- 4. Benefits of the Corporation -- 5. Establishment of a Corporation -- 6. Operating a Corporation -- 7. Corporations in Other Countries -- 8. Multinational Corporations -- 9. Corporate Governance -- 10. The Future of the Corporation -- Glossary -- Selected Bibliography -- Index.
In: Elgar Encyclopedia of Financial Anthropology, Forthcoming
SSRN
Leaflet containing a bill for "Private Corporations," taken from the Alden Partridge Records, probably relating to Vermont legislature in 1839.
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