June 11, 2004

Supposedly the Nineteenth Century courts put us on the road to plutocracy when they acknowledged that Constitutional rights can apply to enterprises as well as individuals, or so at least runs an old chestnut of anti-business rhetoric (see, for example, here, here, here, and here). Eugene Volokh (Jun. 10) concisely outlines some reasons to think the courts got it right and the business-bashers get it wrong. Prof. Bainbridge adds a coda (Jun. 10).