Corporations have long posed conceptual difficulties in a variety of doctrinal contexts. From the first cases involving corporate claims for protection under the U. Constitution, to early recognitions of corporate criminal liability a century later, 1 the Supreme Court has an extensive history of inquiring into the nature of corporations and what that answer might tell us about their rights and responsibilities.
The Court has continued this struggle with corporations in the twenty-first century. For example, blockbuster cases on corporate rights in the Roberts Court era, such as Citizens United v. Federal Election Commission 6 and Burwell v. Hobby Lobby Stores, Inc. Nor does one generally think of a national chain with hundreds of stores as the same as its small handful of shareholders.
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Further, in shaping and interpreting the law on rights and responsibilities, the Court continues to struggle not only with questions of what are corporations and whom do they serve β but also where are corporations?
Corporations can transcend borders, change form to arbitrage or to take advantage of laws, outsource activity, and divide into subsidiaries around the world.
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In Ford Motor Co. Montana Eighth Judicial District Court , 13 the global auto company asserted that personal jurisdiction was lacking in two products liability suits stemming from accidents that injured residents in Montana and Minnesota, where the Ford vehicles arrived through resales and relocations.
