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National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era -- and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.
Why we’re better off treating corporations as people under the law—and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should corporations be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society. He argues that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.
A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.
The Supreme Court’s Citizens United decision marked a culminating victory for the bizarre doctrine that corporations are people with free speech and other rights. Now, Americans cannot stop corporations from spending billions of dollars to dominate elections and keep our elected representatives on a tight leash. Jeffrey Clements reveals the far-reaching effects of this strange and destructive idea, which flies in the face of not only all common sense but most of American legal history as well. Most importantly, he offers solutions—including a constitutional amendment to reverse Citizens United—and tools to help readers join a grassroots drive to implement them. Ending corporate control of our Constitution and government is not about a triumph of one political ideology over another—it’s about restoring the republican principles of American democracy.
'Gangs of America' traces the evolution of the corporation, one of the core institutions of the modern world. It ties political debates about multi-national trade agreements, financial scandals and scores of other specific issues into the narrative account.
Foreword by Ralph Nader. In Corporation Nation Derber addresses the unchecked power of today's corporations to shape the way we work, earn, buy, sell, and think—the very way we live. Huge, far-reaching mergers are now commonplace, downsizing is rampant, and our lines of communication, news and entertainment media, jobs, and savings are increasingly controlled by a handful of global—and unaccountable—conglomerates. We are, in effect, losing our financial and emotional security, depending more than ever on the whim of these corporations. But it doesn't have to be this way, as this book makes clear. Just as the original Populist movement of the nineteenth century helped dethrone the robber barons, Derber contends that a new, positive populism can help the U.S. workforce regain its self-control. Drawing on core sociological concepts and demonstrating the power of the sociological imagination, he calls for revisions in our corporate system, changes designed to keep corporations healthy while also making them answerable to the people. From rewriting corporate charters to altering consumer habits, Derber offers new aims for businesses and empowering strategies by which we all can make a difference.
Recent U.S. Supreme Court decisions in Citizens United and other high-profile cases have sparked passionate disagreement about the proper role of corporations in American democracy. Partisans on both sides have made bold claims, often with little basis in historical facts. Bringing together leading scholars of history, law, and political science, Corporations and American Democracy provides the historical and intellectual grounding necessary to put today’s corporate policy debates in proper context. From the nation’s founding to the present, Americans have regarded corporations with ambivalence—embracing their potential to revolutionize economic life and yet remaining wary of their capacity to undermine democratic institutions. Although corporations were originally created to give businesses and other associations special legal rights and privileges, historically they were denied many of the constitutional protections afforded flesh-and-blood citizens. This comprehensive volume covers a range of topics, including the origins of corporations in English and American law, the historical shift from special charters to general incorporation, the increased variety of corporations that this shift made possible, and the roots of modern corporate regulation in the Progressive Era and New Deal. It also covers the evolution of judicial views of corporate rights, particularly since corporations have become the form of choice for an increasing variety of nonbusiness organizations, including political advocacy groups. Ironically, in today’s global economy the decline of large, vertically integrated corporations—the type of corporation that past reform movements fought so hard to regulate—poses some of the newest challenges to effective government oversight of the economy.
Drawing on legal and economic history, Robert E. Wright traces the development of corporate institutions in America, connecting today's financial failures to weakened internal corporate regulation.
Explores the nature of corporate personhood and how it affects the rights, powers, and influence of corporations in society.