Introduction

Author(s):  
Lisa Siraganian

The Introduction contextualizes the book’s broader legal and philosophical debates about corporate personhood, collective agency, and modernism. The book’s methodology and structure are explained using accessible modernist poems, political cartoons, and legal case studies to present to non-experts the key ideas and historical background of corporate personhood in the U.S., with its first life not after the U.S. Supreme Court case Citizens United (2010), but after Santa Clara v. Southern Pacific Railroad (1886). Beginning with an extended example from Muriel Rukeyser’s long poem, The Book of the Dead, the Introduction canvasses American literature from the nineteenth through the twentieth century to show how the book renders the field of modernist studies radically different, as modernism’s formal speculations emerge as deeply entangled with a range of social and political developments. Asking the question “Has a corporation a soul?” becomes a means to explore the aims of collective social agents, and to think through how collective forms produce meaning by their acts. Not until the postwar era did philosophy synthesize these ideas (on the possibility of corporate intention) being teased out in mostly prewar novels, poetry, and short stories. The third section situates this analysis within modernist literary studies as a field, culminating with a reading of an Archibald MacLeish poem in light of this focus on collective action and literary form and descriptions of each subsequent chapter.

Author(s):  
Lisa Siraganian

F. Scott Fitzgerald imagines corporate marriage proposals as a promising thought experiment to think through the fundamental incoherence of what was eventually to be known as corporate speech after the U.S. Supreme Court case Citizens United (2010). His autobiographical and underappreciated meditations on the film industry, The Love of the Last Tycoon (1940) and The Pat Hobby Stories (1940–1), tease out corporate expression’s difficulties and possibilities—complications that are typically overlooked in contemporary discussions of corporate speech. In Tycoon, Fitzgerald’s Hollywood executive producer imagines that he can “buy” what is in his screenwriter’s “mind.” His understanding of speech articulates Oliver Wendell Holmes, Jr.’s theory of contractual meaning and economist Ronald Coase’s literalization of “the marketplace of ideas,” anticipating the Supreme Court’s reasoning in Citizens United. But when that tycoon’s lover treats her multiple Dear John letters to him in the same literal manner—as automatic, repetitive, and commodified—the tycoon senses the flaws in his account of language. After examining Citizens United and related precedents struggling to conceptualize corporate speech, this chapter argues that Fitzgerald’s focus on the problem of repeated action reveals a basic incoherence in theories of corporate speech. Conceiving of ideas as brain content that can be bought and sold, Tycoon’s corporate executive unwittingly stumbles on the essentially impoverished nature of corporate speech as repetitive but not meaningful. Decades before corporate speech had First Amendment protections, Fitzgerald’s late fiction imagined and represented its potential problems.


2015 ◽  
Vol 7 (1) ◽  
pp. 21-38 ◽  
Author(s):  
Kate Parizeau ◽  
Josh Lepawsky

Purpose – This paper aims to investigate by what means and to what ends waste, its materiality and its symbolic meanings are legally regulated in built environments. Design/methodology/approach – The authors investigate the entanglement of law and the built environment through an analysis of waste-related legal case studies in the Canadian context. They investigate a notable Supreme Court case and three examples of Canadian cities’ by-laws and municipal regulations (particularly regarding informal recycling practices). They mobilize what Valverde calls the work of jurisdiction in their analysis. Findings – The authors argue that the regulation of waste and wasting behaviours is meant to discipline relationships between citizens and governments in the built environment (e.g. mitigating nuisance, facilitating service provision and public health, making individuals more visible and legible in the eyes of the law and controlling and capturing material flows). They find that jurisdiction is used as a flexible and malleable legal medium in the interactions between law and the built environment. Thus, the material treatment of waste may invoke notions of constraint, freedom, citizenship, governance and cognate concepts and practices as they are performed in and through built environments. Waste storage containers appear to operate as black holes in that they evacuate property rights from the spaces that waste regularly occupies. Originality/value – There is scant scholarly attention paid to legal orderings of waste in built environments. This analysis reveals the particular ways that legal interventions serve to construct notions of the public good and the public sphere through orderings of waste (an inherently indeterminate object).


Black Market ◽  
2020 ◽  
pp. 17-48
Author(s):  
Aaron Carico

This chapter reassembles the immediate and concrete history of abolition after 1865, from the counter of the Southern country store to the international trade in cotton, as it sorts out the mechanisms of law and arrangements of political economy that chaperoned the tremendous value incarnated in slaves across the gulf of the Civil War. It explains how citizenship for the formerly enslaved was tethered to the racialization of debt and how the legal relations of formal abolition were actually economic relations of credit. This chapter analyzes the legal history of the Fourteenth Amendment and the interlocking forms of theft it enabled, from Southern sharecropping to New York corporations, from the Freedman’s Bank to the U.S. national debt, showing how liberalism is enmeshed with colonialism. Through a landmark Supreme Court case in 1897, this chapter describes how the personhood of the freed enabled the white accumulation of finance capital through global cotton markets, engaging with the theories of Giovanni Arrighi and world-systems analysis.


2019 ◽  
Vol 100 (5) ◽  
pp. 14-18
Author(s):  
Jeremy Anderson ◽  
Erica Frankenberg

Sixty-five years after the landmark U.S. Supreme Court case Brown v. Board of Education, the federal and judicial role in school desegregation has declined. In a more difficult political and legal environment, it has fallen on school districts to develop and implement voluntary integration plans through diversity-minded student assignment policies. In this article, Jeremy Anderson and Erika Frankenberg discuss how many and what types of voluntary integration policies currently exist in the U.S. and assess how effective they are at reducing racial and socioeconomic segregation.


2013 ◽  
Vol 6 (1) ◽  
pp. 7-14
Author(s):  
Jenna Tomasello

Sexual harassment is often understood as a subjective notion that asks the woman if she has been victimized. This paper argues that we need not ask women if they are victims by conceptualizing sexual harassment as an objective notion that holds the perpetrator accountable for his actions. In making my case, I will apply an objective conception of sexual harassment to the U.S. Supreme Court case Meritor Savings Bank v. Vinson by drawing on the feminist view of sexual harassment given by Anita Superson and the role of equality and autonomy as motivated by Ronald Dworkin and James Griffin, respectively.


Author(s):  
Stephen Macedo

This chapter examines the different forms of plural marriage and provides some historical background and context, focusing on the long-running conflict around polygamy in the Mormon Church in North America. It asks whether we can justify prohibiting or denying recognition to polygamous marriages, whether we ought to drop restrictions based on numbers and focus on the quality of people's relationships, and on what grounds nonrecognition and discouragement of polygamy can be justified. It also considers the so-called “polyamory” and argues that same-sex marriage and polygamy have little in common, aside from being deviations from “traditional” monogamy. Finally, it explores plural marriage as a doctrinal tenet of the Mormons and the 1947 Supreme Court case Reynolds v. United States.


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