Discussion 6.2: Corporations as Shadow Directors

I think this question is, in fact, more complex than it might seem on first glance. At the end of the day, however, I think the reasonable answer is that a corporation cannot be the shadow director of another corporation. My first impulse was to say that yes, a corporation could be the shadow director […]

4.4: Policy Justification for Hercules Managements

Although I cannot pretend to know for certain what policy reason motivated the majority of the Supreme Court in their decision in Hercules Management, I believe the decision can be amply supported on a policy of avoiding the imposition of unintended, unknown, and unnecessary liability-and also maintaining caveat emptor. Consider the implications of Hercules, if […]

Thoughts on “the Corporation”

Although I believe I understood the core concepts and thesis, I finished “the Corporation” with a feeling of confusion. Primarily, I believe my confusion has much to do with one of the first principles of the film: the idea that a corporation is a person. Use of the term ‘person’ in describing what a corporation […]