Motorist Claims Corporation Papers Are Carpool Passengers
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Re: Motorist Claims Corporation Papers Are Carpool Passengers
#2Throw them both in jail.
Re: Motorist Claims Corporation Papers Are Carpool Passengers
#3Given his intent with this, I would love something like this to make it to the SCOTUS, since the granting of personhood to corporations is absurd and needs to be overruled. Giving a corporation personhood gives it all the rights of being a person with none of the consequences. You can't jail a corporation like you can with people.
Re: Motorist Claims Corporation Papers Are Carpool Passengers
#4Given his intent with this, I would love something like this to make it to the SCOTUS, since the granting of personhood to corporations is absurd and needs to be overruled. Giving a corporation personhood gives it all the rights of being a person with none of the consequences. You can't jail a corporation like you can with people.
I think that is the point.
Re: Motorist Claims Corporation Papers Are Carpool Passengers
#5Carpool Lane: "2 or more persons per vehicle"
CA Vehicle Code: '"Person" includes a natural person, firm, copartnership, association, limited liability company, or corporation.' (http://dmv.ca.gov/pubs/vctop/d01/vc470.htm)
Pretty reasonable argument in the abstract.
But I don't think that the Articles of Incorporation should be considered a physical manifestation of that corporation, so I don't see how you could claim that the corporation was "in the vehicle".
Re: Motorist Claims Corporation Papers Are Carpool Passengers
#6Given his intent with this, I would love something like this to make it to the SCOTUS, since the granting of personhood to corporations is absurd and needs to be overruled. Giving a corporation personhood gives it all the rights of being a person with none of the consequences. You can't jail a corporation like you can with people.
So when you need to make a contract with a corporation, who will you make it with? When you want to sue one, who will you sue? The individual officers? How are you going to prove they were responsible? If you sue the CEO because of something his subordinates did, and he dies 6 months later, what would happen to your legal action?
The legal fiction of corporate personhood exists for a good reason; it allows parties external to the corporation to transact business with and take action against the corporation without needing to know the individual structure of it. It's called a corporation because corpore is the Latin for body, giving it a distinct legal identity.
Re: Motorist Claims Corporation Papers Are Carpool Passengers
#7I thought it was a clever way to gain standing in order to litigate. While it might get the guy off a quick clarification in the Ca law would close the loophole. As a publicity stunt to drive the conversation about rights versus rights assignable entities it seems to have achieved that objective.
Re: Motorist Claims Corporation Papers Are Carpool Passengers
#8Carpool Lane: "2 or more persons per vehicle" CA Vehicle Code: '"Person" includes a natural person, firm, copartnership, association, limited liability company, or corporation.' ( http://dmv.ca.gov/pubs/vctop/d01/vc470.htm ) Pretty reasonable argument in the abstract. But I don't think that the Articles of Incorporation should be considered a physical manifestation of that corporation, so I don't see how you could cl…
Meaningless without consideration of the precedent. sloppy drafting, I agree, but we need to question whether 'person' is used in the context of ownership/liability here (in which case it makes perfect sense) or in the context of driver and passenger (in which case it doesn't, but which courts have likely settled already).
Re: Motorist Claims Corporation Papers Are Carpool Passengers
#9Carpool Lane: "2 or more persons per vehicle" CA Vehicle Code: '"Person" includes a natural person, firm, copartnership, association, limited liability company, or corporation.' ( http://dmv.ca.gov/pubs/vctop/d01/vc470.htm ) Pretty reasonable argument in the abstract. But I don't think that the Articles of Incorporation should be considered a physical manifestation of that corporation, so I don't see how you could cl…
On the other hand if he's the sole board member and the articles and his laptop with all the work were in the car, how could it not be in the car ;)
Re: Motorist Claims Corporation Papers Are Carpool Passengers
#10Given his intent with this, I would love something like this to make it to the SCOTUS, since the granting of personhood to corporations is absurd and needs to be overruled. Giving a corporation personhood gives it all the rights of being a person with none of the consequences. You can't jail a corporation like you can with people.
So when you need to make a contract with a corporation, who will you make it with? When you want to sue one, who will you sue? The individual officers? How are you going to prove they were responsible? If you sue the CEO because of something his subordinates did, and he dies 6 months later, what would happen to your legal action? The legal fiction of corporate personhood exists for a good reason; it allows parties ex…
Yeah so keep the useful senses of the definition and not the harmful senses (unlimited political speech). This is not paradox inducing.