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ONE CASE EXPANDS AND ANOTHER NARROWS: CONSTITUTIONAL RIGHTS AS THEY APPLY TO CORPORATIONS

Erica Pietranton

30 J.L. & Com. 137 (2011)

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  • Título:
    ONE CASE EXPANDS AND ANOTHER NARROWS: CONSTITUTIONAL RIGHTS AS THEY APPLY TO CORPORATIONS
  • Autor: Erica Pietranton
  • Assuntos: Interpretation; Constitutional; Circumstances; Constitution; Corporations; Introduction; Significant; Protections; Determining; Differently; Administrative Law; Business & Corporate Law; Constitutional Law; Criminal Law & Procedure; Military & Veterans Law
  • É parte de: 30 J.L. & Com. 137 (2011)
  • Descrição: I. Introduction At times, the Supreme Court of the United States has found that certain constitutional rights should extend to corporations, which, through interpretation, can be deemed as "individuals" protected by the Constitution. 1 On the other hand, the Court has also denied certain rights that are enjoyed by individual citizens from being extended to corporations. 2 This is an indication that the Court does in fact recognize that corporations and individuals are to be treated differently under the Constitution. 3 Inevitably, this raises questions as to whether the Court is able to identify clear lines in determining under what circumstances the protections afforded to individual citizens should also extend to corporations. With a recent decision expanding the First Amendment protections of corporations and an additional decision from the present term which looked into whether the right to privacy applies to corporations, the Court may be developing a trend on continuing expansion of constitutional rights that apply to corporations. 4 Over a year ago, the Supreme Court granted First Amendment protections to corporations in its Citizens United v. Federal Election Commission decision. 5 While this decision has received much attention because of its potential impact on future political elections, it is also significant because the Court seems to be developing a trend of extending constitutional rights to corporations. 6 Of course, such a trend has sparked a great deal of debate between those who argue such rights were intended to afford protections to only individual citizens and those who ...
  • Idioma: Inglês

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