161–170 of 312 posts
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In the US, a corporation needs a business bank account, and that account must be registered to one or more corporate officers with legal identification.
Does it count if the officer is in cryosleep?
IANAL, not in any of the parallel universes either!
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I am continually baffled by the "logic" behind laws and the justice system. If corporations are people, then how can they be bought or sold considering the 13th amendment? How can money be speech, if the constitution allows congress to regulate commerce, but prohibits it from abridging speech. It just seems like in a common law system we're forced to live with half-assed arguments that corporate lawyers dreamed up wh…
Corporations aren’t people in the literal sense which the 13th amendment uses, nobody ever said they were. They just have the ability to do some people things. They can have a bank account or sign a contract. They cannot vote or enlist or do lots of things people can do. (The technical name is ‘juridicial people’ and what they can or cannot do is spelled out in law quite well.) Money isn’t speech, and no court ever s…
Slavery is defined as the practice of owning a "person" which the 13th amendment prohibits. As corporations are people why couldn't this apply using the same flexible level of logic our court system uses??? Its just picking winners and losers!!!
Regarding "money is speech", this is the implication and argument from Citizens United. https://www.brennancenter.org/our-work/research-reports/citi...
Corporate personhood means nothing of what you think it means. People get irrationally angry because we use words that sound the same, even though in no case are corporations ever treated as human beings (duh...). We might as well call it 'subjecthood'. Corporate personhood means a corporation can be the subject of a legal dispute or action. Trivially, corporations have basically no personal rights. All the 'cases',…
Some are, for others its just another mechanism they can use to push for socialism.
Earlier quoted context omitted.
I am continually baffled by the "logic" behind laws and the justice system. If corporations are people, then how can they be bought or sold considering the 13th amendment? How can money be speech, if the constitution allows congress to regulate commerce, but prohibits it from abridging speech. It just seems like in a common law system we're forced to live with half-assed arguments that corporate lawyers dreamed up wh…
"Money is speech" is kind of a misleading interpretation because it comes with all sorts of baggage that people typically infer from a thing "being speech". Phrased another way: the argument is that limiting one's ability to spend is practically a limitation on their speech (or their ability to reach an audience, which is an important part of speech). If some president can preclude you from buying billboards, or web…
The first example about ships is inaccurate. A ship isn't treated as a person in the law; it's treated as the thing that it is. There's a specific type of jurisdiction known as "in rem" ("over the thing") that differs from the typical "in personam" ("over the person") that gives the Court the ability to dispose of property without needing jurisdiction over its owner (otherwise known as an ex parte case). These differ…
I am continually baffled by the "logic" behind laws and the justice system. If corporations are people, then how can they be bought or sold considering the 13th amendment? How can money be speech, if the constitution allows congress to regulate commerce, but prohibits it from abridging speech. It just seems like in a common law system we're forced to live with half-assed arguments that corporate lawyers dreamed up wh…
Technically they have some aspects of "personhood." This is distinct.
The English Crown is another example. The King is a person who embodies The Crown, but The Crown itself is a discrete abstract legal entity, which is really a form of deity, but is afforded rights of a person (excluding death rights), and the legal status of a corporation. It’s also entirely above the law while being constrained by Parliament.
Corporate personhood mostly just means that for some purposes, the same laws apply to corporations as to people. You can think of it as code reuse.
There is also the argument that corporations are groups of people. A way for people to organize activities under a system of laws. Which is mostly true.
The ship example maybe wasn't the greatest, in the cases of the Ever Given and MV Aman, the crews were required to stay on the boats as custodians while dealing with these issues, in the latter case a single sailor was on the ship for 4 years, the last 2 alone and without power. Another interesting case with ships is the Trieste and several other Russian oligarch mega yachts being held in Italy. Italian law requires…
Required by whom? Local legal bodies or maritime agreements?
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The answer if for congress to make a legal definition of corporation, instead we get the justice system coming up with a handwavy explanation that helps out their golfing buddies. The answer is to get rid of the common law justice system and codify laws in congress like a civil law system. That way you dont get rich people trying to buy favors or "tip" judges.
The treating of a corporation as a 'person' (which is a widely held misconception that doesn't really exist) rests in English common law, not any statute. Corporate personhood does not mean anything of what most people think it does. Corporations are obviously not people and are not treated as such.
They way it "should" be is that congress creates a legal framework for coporations, then justices enforce that. Instead we are living with a nearly two centuries old common law that makes peoples lives worse.
My argument that if corporations are people, then they cannot be bought or sold is the kind of argument you can use to create legal precedent by suing some company over a merger or buyout to test the law and the strength of the original case law.