Supreme Court to Rule on Corporate Crime and Personhood

Tuesday, February 28, 2012

Using the 14th amendment as their basis, many courts have treated corporations as people. Usually these rulings are beneficial to corporations and their larger interests, such as in the Supreme Court decision that allows corporations to endorse candidates like individuals. However, a new case will determine whether or not a corporation can be convicted as an accomplice to a crime against humanity. In Kiobel v. Royal Dutch Petroleum, Royal Dutch Petroleum and its subsidiary, Shell, are accused of aiding an autocratic regime that brutalized minorities in an oil-rich region of Nigeria.

Kenji Yoshino is Chief Justice Earl Warren Professor of Constitutional Law at New York University School of Law.

Maria LaHood is senior staff attorney at the Center for Constitutional Rights.


Maria Lahood and Jeffrey Rosen

Comments [3]


Another one-sided presentation by The Takeaway. Your audience is poorer for it. They have basically gotten one side of the story.

Today's Wall Street Journal (subscription required) has a completely different view, from David Rivkin and Lee Casey:

Feb. 28 2012 08:40 AM

If the want the "rights" of personhood, they have to accept the responsibilities.

Feb. 28 2012 08:30 AM
David from Detroit

I have heard silly arguments before, I will hear them again. The argument - The courts will be burdoned with additional work - is perhaps the silliest. It basically translated to - Your time is more valuable than someone else's life. That it goes unnoticed speaks of our media's misguided sense of fairness.

Of course Corporations can commit murder. The means is as simple as benign neglect. The commander is responsibile for the misconduct of his agents.

Feb. 28 2012 08:17 AM

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