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Article: Is Scalian standing the latest sighting of the Lochner-ess monster? Using global warming to explore the myth of the corporate person.
- Article from:
- Environmental Law
- Article date:
- January 1, 2008
- Author:
CopyrightCOPYRIGHT 2008 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
II. WHAT IS SCALIAN STANDING?
A. Environmental Injuries Do Not Fit the Scalian Standing Paradigm
III. A CORPORATION IS NOT ANALOGOUS TO A PERSON: THE DIVERGENT INTERESTS
OF CORPORATIONS AND PEOPLE IN THE CONTEXT OF GLOBAL WARMING
A. Corporations and People Have Different interests and Constraints
1. The Human Rights Implications of Global Warming
B. Corporate Interests and Global Warming
1. The Size and Power of Corporations
2. Corporations Can Enact Laws in their Favor--or Get Rid of
Unfavorable Laws
a. The "Forgotten History" of Global Warming Regulation
b. The Industry's ...