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Citizens United and the Corporate Form


  • Avi-Yonah Reuven S.

    (University of Michigan)


In Citizens United vs. FEC, the Supreme Court struck down a Federal statute banning direct corporate expenditures on political campaigns. The decision has been widely criticized and praised as a matter of First Amendment law. But it is also interesting as another step in the evolution of our legal views of the corporation. This article argues that by viewing Citizens United through the prism of theories about the corporate form, it is possible to see that the majority and the dissent departed from previous Supreme Court jurisprudence on the First Amendment rights of corporations. It is also possible to then predict what arguments can be expected next.

Suggested Citation

  • Avi-Yonah Reuven S., 2011. "Citizens United and the Corporate Form," Accounting, Economics, and Law: A Convivium, De Gruyter, vol. 1(3), pages 1-56, December.
  • Handle: RePEc:bpj:aelcon:v:1:y:2011:i:3:n:1

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    References listed on IDEAS

    1. Roberta Romano, 1998. "Empowering Investors: A Market Approach to Securities Regulation," Yale School of Management Working Papers ysm74, Yale School of Management.
    2. Jensen, Michael C., 2002. "Value Maximization, Stakeholder Theory, and the Corporate Objective Function," Business Ethics Quarterly, Cambridge University Press, vol. 12(02), pages 235-256, April.
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    Cited by:

    1. repec:oup:cambje:v:41:y:2017:i:5:p:1505-1523. is not listed on IDEAS
    2. Bratton William W., 2011. "Reuven Avi-Yonah's "Citizens United and the Corporate Form": Still Unuseful," Accounting, Economics, and Law: A Convivium, De Gruyter, vol. 1(3), pages 1-10, December.
    3. Biondi Yuri, 2011. "The Enterprise Entity and the Constitution of the American Economic Republic," Accounting, Economics, and Law: A Convivium, De Gruyter, vol. 1(3), pages 1-13, December.
    4. Simon Deakin, 2017. "Tony Lawson's Theory of the Corporation: Towards a Social Ontology of Law," Working Papers wp491, Centre for Business Research, University of Cambridge.

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