Baraka Blog

Growing thoughts

The beginning of the end of an era?

It appears that the newly appointed Supreme Court Associate Justice, Sonia Sotomayor, is starting to challenge what is seen as one of the primary tenets of corporate law, namely the conferment of human characteristics on the corporation.

According to this Wall Street Journal Article, Justice Sotomayor stated that:

Judges “created corporations as persons, gave birth to corporations as persons,” she said. “There could be an argument made that that was the court’s error to start with…[imbuing] a creature of state law with human characteristics.”

The revision of the laws of incorporation and holding people responsible for their actions, even (especially) when these actions are taken from behind the doors of boardrooms, is an essential part of the restructuring that’s needed to prevent the financial, social and environmental transgressions that have been spiraling out of control not only in the United States, but all over the world.

It is heartening to see Justice Sotomayor willing to ignite such a debate and I hope that it finds a way to be constructively continued.


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