I’ve seen some skeptical responses to my previous post about corporations and free exercise, of which Dahlia Lithwick’s and David Gans’s are emblematic. My point, recall, was that the Third Circuit’s logic led to the conclusion that churches don’t have free exercise rights, and that even though the Third Circuit said that that didn’t have […]
Archive | Corporations and Corporate Law
France’s Kiobel
I wrote yesterday about the French Court of Appeals decision holding that French train companies did not violate international law (and particularly the Fourth Geneva Convention) by building a light rail system in Jerusalem, including areas occupied by Jordan before 1967. The case, PLO v. Alstom, is a perfect foreign coda to the Supreme Court’s […]
More on Morrison
In addition to John’s shrewd post about Morrison below – I suspect the post is right that it might turn out to be a “zombie” precedent – take a look at University of Georgia securities law expert Professor Margaret Sachs’ observations from a global securities law perspective at Opinio Juris today. (Update: Also take a […]
On Corporate Personhood:
Daniel Henninger, over on WSJ.com, has some interesting observations on “the scrum inside the [Citizens United] decision between Justices Stevens and Scalia, over the status of corporations in America.” I think he’s on target in suggesting that the decision, and the debate swirling around the issues raised (both in the warring opinions and in the […]