How can the courts find that judicial constructs like corporations have the protections and privileges of the Bill of Right, but become strict constructionalistic and literal in allowing that they can engage policies and actions supporting and provoking the commission of heinous crimes such as murder and torture without any collective liability? This was not the decision of some rogue sadist, but the cold and calculated corporate business decision in the pursuit of profit. Corporations implement policy decisions collectively all the time, often of a magnitude to engage the power of the entire organization, even if the actual decision to proceed rested within a small circle of decision makers. In principle they act as officers for the corporation.
And when it comes time for the prosecutions and investigations, managers from the CEO's on down don't know anything about the business, and have apparently been accepting their enormous paychecks for what seems to be benignly vacuous inertia in la dolce vita in absentia, on a pile of wiped emails and shredded documents. Someone was obviously paying attention during the last international war crimes trials.
Maybe it will be good for the business recovery. I would imagine quite a few European, South American, and Asian companies seeking to reincorporate themselves in Delaware to achieve carte blanche against civil liabilities for increasingly uncivil acts. It seems to have worked for Royal Dutch Shell. After all, quite a few credit card companies relocated key operations to western states that encouraged the practice of interstate usury. Debasement of the currency is not the only thing that the US seems to have underway and well in hand.
I wonder if the European Union will grant the same privilege to their own corporations, to advantage themselves at will on the American Public in acts of violence and torture? Would the US judiciary extend professional courtesy and acknowledge the EU's sovereign right to suspend the protections of the individual as long as the crimes were corporate?
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