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For the USA, an easy mechanism for a corporate death penalty (for large enough corporations) without running afoul of takings clause would be to bar the corpora
by anonymouskimmer 4y ago
For the USA, an easy mechanism for a corporate death penalty (for large enough corporations) without running afoul of takings clause would be to bar the corporation from engaging in interstate commerce, and to bar the equity holders from selling to themselves or relatives.
- torstenvl 4y agoIf you're talking about judicial action, the Takings Clause isn't a problem. If you're talking about Congressional action, your proposed alternative runs into the prohibition on Bills of Attainder. In my view, the L&E approach of punitive damages calculated to be greater than the profit incentive of the negligent/reckless behavior is the best approach. Additionally, to the extent that an executive's actions were clearly not in the long-term interest of the corporation, they should be made personally liable.
- anonymouskimmer 4y agoTo avoid the bill of attainder issue the companies wouldn't be individually named. All corporations that fit the bill would be subject to the bill. And since Congress is forbidden from passing ex post facto laws, such a law would obviously not be a bill of attainder, as it could not guess who would be subject to it. IANAL. I believe that there are limits to the penalties a judicial action can impose. A corporate death penalty presumably wouldn't survive appeals without an underlying law. I guess the 8th amendment might still be a barrier to my alternative. > In my view, the L&E approach of punitive damages calculated to be greater than the profit incentive of the negligent/reckless behavior is the best approach. I agree. But I also want a corporate death penalty beyond this.