Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Tuesday, May 18, 2004

The Sanctity of Associations: The Corporation and Individualism in American Law

I am reading a fascinating law-review article by Professor Liam S. O'Melinn, of Ohio Northern University's law school. (The citation is 37 San Diego L. Rev. 101 (2000), if the link does not work).

The paper, "The Sanctity of Association: The Corporation and Individualism in American Law," takes as its point of departure Professor Glendon's critique of American "rights talk," and contends that the "America is too individualistic" critique tends to overlook "the group that the United States has traditionally championed: The corporation. If anything, American jurisprudence is hyper-corporate rather than hyper-individualistic." Among other things, O'Melinn proposes to show that "modern cases that are often thought to stand for expressions of individual rights [are] actually protective of group rights."

I am not yet finished with the paper, but I am very interested so far, and expect that some of my colleagues would be, too. I'd particularly welcome Steve's reaction and, in light of the themes developed in his forced-heirship paper, Vince's.

Rick

https://mirrorofjustice.blogs.com/mirrorofjustice/2004/05/the_sanctity_of.html

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