Of Corporations, Courts, Personhood, and Morality

2015 ◽  
Vol 25 (04) ◽  
pp. 415-431 ◽  
Author(s):  
Margaret M. Blair
Keyword(s):  
Supreme Court ◽  
Corporate Personhood ◽  
Social Responsibilities ◽  
The Social ◽  
The Law ◽  
The U.S

ABSTRACT:Since the dawn of capitalism, corporations have been regarded by the law as separate legal “persons.” Corporate “personhood” has nonetheless remained controversial, and our understanding of corporate personhood often influences our thinking about the social responsibilities of corporations. This essay, written in honor of Prof. Thomas Donaldson, explores the tension in recent decisions by the U.S. Supreme Court and the Delaware Chancery Court about what corporations are, whose interests they serve, and who gets to make decisions about what they do. These decisions suggest that the law does not unequivocally support Donaldson’s vision of corporations as “moral” persons.

Under The Law: The historic Bostock opinion and LGBTQ rights in schools

2020 ◽  
Vol 102 (2) ◽  
pp. 64-65
Author(s):  
Robert Kim
Keyword(s):  
Civil Rights ◽  
Charter Schools ◽  
Supreme Court ◽  
Religious Schools ◽  
Civil Rights Act ◽  
Lgbtq Rights ◽  
The Law ◽  
The U.S

In Bostock v. Clayton, the U.S. Supreme Court held that discrimination against employees because they are gao or transgender violates the Civil Rights Act of 1964. Robert Kim summarizes the case and explains what the ruling means for schools. LGBTQ educators have historically faced discrimination, but such actions are now prohibited in nearly all public, private, and charter schools. Religious schools, however, may be exempt, and the ruling does not address other issues of discrimination in schools, such restroom access.

APPLICATION THE SUPREME COURT OF THE UNITED STATES PRINCIPLE OF SOCIAL STATE

10.12737/903 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 77-81
Author(s):  
Владимир Сафонов ◽  
Vladimir Safonov
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Social State ◽  
The Social ◽  
The Supreme Court ◽  
The U.S

The article reveals the problem of applying the principle of the social state in the practice of the U.S. Supreme Court.

Under the Law

2017 ◽  
Vol 98 (7) ◽  
pp. 76-77
Author(s):  
Julie Underwood
Keyword(s):  
Supreme Court ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
The Law ◽  
K 12 ◽  
The U.S

How would the appointment of Neil Gorsuch to the Supreme Court (presuming he is confirmed by the U.S. Congress) affect the court’s dynamics, its ideological balance, and specifically its decisions on cases that bear upon K-12 education? Is he likely to be another Justice Antonin Scalia, will he be less conservative, or will he be more so? The author looks for clues in the opinions Gorsuch has written for the 10th Circuit Court of Appeals.

Under the Law

2018 ◽  
Vol 99 (5) ◽  
pp. 76-77
Author(s):  
Julie Underwood
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
International Law ◽  
Universal Declaration ◽  
Educational Rights ◽  
The Supreme Court ◽  
The World ◽  
The Law ◽  
The Right ◽  
The U.S

The right to an education is guaranteed by international law in the Universal Declaration of Human Rights. Similarly, UNESCO’s Constitution sets out the right to an education as necessary to “prepare the children of the world for the responsibilities of freedom.” No such right is mentioned in the U.S. Constitution, though. Perhaps Congress or the Supreme Court would be sympathetic, however, to an argument for educational rights based on the 14th Amendment’s guarantee of the rights of citizenship.

scholarly journals Revitalizing The U.S. Compliance Power

2008 ◽  
Vol 102 (3) ◽  
pp. 551-562 ◽  
Author(s):  
Steve Charnovitz
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Obligation ◽  
International Court ◽  
The Supreme Court ◽  
The Law ◽  
The U.S

Although “[tjreaties are the law of the land, and a rule of decision in all courts,” the president and the courts may sometimes be powerless to achieve compliance with a U.S. treaty. That was the puzzling outcome of Medellin v. Texas. Even though the Supreme Court declared that the United States has an international obligation to comply with the Avena judgment of the International Court of Justice (ICJ), the Court invalidated the president’s memorandum directing Texas and other errant states to comply.

scholarly journals Analysis of the constitutional principle of “state sociality” in Canadá

2021 ◽  
Vol 7 (1) ◽  
pp. 196-200
Author(s):  
Evgeniy V. Aristov ◽  
Marina V. Markhgeym
Keyword(s):  
Welfare State ◽  
Supreme Court ◽  
Social Characteristics ◽  
Supreme Court Of Canada ◽  
Social State ◽  
Constitutional Principle ◽  
The Social ◽  
The Supreme Court ◽  
The Law

The present study examines the constitutional principle of "social statehood" in Canada, considering the implemented model of a social state. The method and characteristics of securing a state's social guarantees are set out in the Canadian Constitution. Based on the analysis of the law, the authors concluded about the social characteristics of this state in Canada. By analyzing the reflection of the principle of "government sociality" in the jurisprudence of the Supreme Court of Canada, the authors summarized its impact on the problems of a welfare state.

scholarly journals PROBLEM REWINDYKACJI W II RZECZYPOSPOLITEJ DÓBR OBJĘTYCH KONFISKATĄ PO POWSTANIU STYCZNIOWYM PRZEZ RZĄDY CARSKIE

2017 ◽  
Vol 9 (2) ◽  
pp. 83
Author(s):  
Bartłomiej Starzec
Keyword(s):  
Supreme Court ◽  
Negative Consequences ◽  
Russian Government ◽  
The Social ◽  
The Supreme Court ◽  
The Law

The Problem of Recovery Property under Seizure by the Tsarist Government after the January Uprising in 1863 YearSummaryArticle describe a problem of recovery property under seizure by the tsarist government after the January Uprising in 1863 year. Confiscation of property was the penalty applicable to the participants and supporters of the uprising. The Russian government has applied it to every Polish independence uprising. Particularly confiscation of property was the negative consequences for the Polish gentry. Confiscation of property meant for the Polish gentry the social degradation. After regaining independence, Polish politicians have taken a series of attempts aimed at recovering stolen property. In 4-th may 1920 year the Polish parliament adopted a resolution in which the confiscation were considered acts of violence and lawlessness. However, still lacked a comprehensive act governing return of the property. In the case omission of the legislature, heirs of the insurgents began to assert their rights in courts. In the late twenties, the Supreme Court repeatedly upheld the claims for reimbursement of property. Enactment in 1932 year the law about recovery of property ended processes. Article describe problem of legal continuity between the first and second Polish Republic too.

John Rawls

2012 ◽  
Author(s):  
Alan Ryan
Keyword(s):  
Social Justice ◽  
Supreme Court ◽  
Social Contract ◽  
John Rawls ◽  
Civil Disobedience ◽  
Political Life ◽  
Theory Of Justice ◽  
The Social ◽  
The Impact ◽  
The U.S

This chapter examines the impact of John Rawls's A Theory of Justice on the liberal audience that took it up. In A Theory of Justice, Rawls offers a defense of civil disobedience that would make politically motivated disobedience a much more acceptable part of our political life than either the U.S. Supreme Court or the English judiciary seems likely to contemplate. Furthermore, his views about the subservience of economic institutions to “social justice” place him firmly on one side of what is currently the most fiercely contested dividing line in politics in Britain today. The chapter also considers Rawls's use of the theory of the social contract to support his arguments; his principle of “the priority of liberty”; and his “difference principle.” It asserts that Rawls is safe from those critics who maintain that what purports to be a defense of liberalism actually collapses into a wholesale collectivism.

scholarly journals Taking Note: Justice Harry A. Blackmun's Observations from Oral Argument about Life, the Law, and the U.S. Supreme Court

2020 ◽  
Vol 45 (1) ◽  
pp. 44-65
Author(s):  
AMANDA C. BRYAN ◽  
RACHAEL HOUSTON ◽  
TIMOTHY R. JOHNSON
Keyword(s):  
Supreme Court ◽  
Oral Argument ◽  
The Law ◽  
The U.S
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