Friday, May 22, 2009

Rights - Personal and Governmental; Corporate, Constitutional - Index

By Dint:

SPEECH
Political Speech Shall Be Deemed Equivalent to Commercial Speech  This establishes that politics is sales, and provides some protection for the purchaser.

Where there is a conflict between interpretation of speech in politics as commercial or subject to fiduciary duty, see Fiduciary Standard of Care Applicable in All Consumer, Voter, Investor Relationships, the fiduciary standard, as providing more protection, shall control.

CORPORATE
The Bill of Rights Shall Protect Only Human Persons; Not Corporations.
Bill of Rights protects bodied persons not legal persons.  A corporation may only enjoy Bill of Rights protection if the Board of Directors, shareholders, and all employed by the corporation assume personal responsibility (no "corporate veil") as to acts of the Corporation. See also Bill of Rights (including free speech) applies to We The People.

With Citizens United, this may take a new case:  one to pierce the corporate veil if directors' disposition of corporate funds is contrary to the business judgment rule (which is very broad and slippery) and serves more the director's or directors' personal goals, just couched as corporate.


PERSONAL
Family Matters Privacy

COMMERCIAL, POLITICAL
An Act Establishing the Fiduciary Standard, Governmental, Private, Commercial, All Contractual Obligations.
Why should the fiduciary standard, a legal standard, not apply to government and contracts where the public good is at stake or fair dealing. Would this target venality at least a little? Corruption. How else to get at it. 

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