New England Legal Foundation, 24
New Jersey, B corporations and, 157
New Rules Project, 180
New Voice of Business, 180
New York State, 25, 31-32, 58-59, 103
New York State Liquor Authority, 32
New Zealand, rBST and, 40
Newman, Nell, 110
News Corporation, 76, 130
Nickles, Don, 93
Nike, 83, 137-138, 139-140
Nixon, Richard, 22, 74, 98
North Carolina, election funding in, 160
Northeastern Legal Foundation, 24
Northrop Grumman Corporation, 27, 172
O
Obama, Barack, 13, 90, 94, 99
O’Connor, Sandra Day, 10, 17, 75, 141, 196n6
OPEC, 98, 99
OSHA, 136
Ostrolenk, Michael, 151
outsourcing, job, 3, 116, 123, 131, 139
P
Pacific Gas & Electric (PG&E), 83, 103
Pacific Legal Foundation, 24
Pakistan, 97
Patagonia, 109
Patriot Coal, 100
Peabody Energy, 100
Pell Grants, 53
People for the American Way, 150, 179
People’s Rights Amendment, 5, 136, 149-154, 159, 163, 165-168
Bill of Rights and, 146, 148-149, 152, 170-171, 176, 182
corporate business operations and, 169-170
frequently asked questions about, 169-177
Pew Research, 29
Pfizer, 79, 132
Pharmaceutical Research and Manufacturers of America (PhRMA), 27, 93, 94
Philip Morris Inc., 11, 19, 20, 21, 23, 26, 33
Philippines, 102
Pierce, Olga, 93
Pierson, Paul, 201n29
political action committees (PACs), 85, 179
Posilac, 40-45
Potter, Wendell, 95-96
Powell, Lewis
and activist courts, 17-22
background of, 17-18, 19-22, 190n12
Chamber of Commerce memo by, 17-18, 21, 22, 23, 191n17
corporate personhood and, 34, 58-59, 73
corporate spending and, 103, 118
deregulation and, 103, 117
legacy of, 78, 134, 163
as Supreme Court justice, 22, 24-26, 190n12
Pratt & Whitney, 90
Prince Waleed bin Talal, 130
Procter & Gamble, 118-119
Program on Corporations, Law, and Democracy, 180
Public Citizen, 89, 150, 179, 181
public funding, elections and, 5, 147, 160-161
R
R. J. Reynolds, 193n10
Randall, Dexter, 40-41, 44, 45
Raskin, Jamie, 145
rBST, 40-45
Reagan, Ronald, 21, 98
Reclaim Democracy, 179
Reed v. Reed, 46
referendum elections, 24, 25, 58, 74, 118
Rehnquist, William, 10, 22, 23, 67, 74-75, 128-129, 196nn4-5
Reich, Robert, 94
replacement smokers, 21, 34-35
Republicans, 13, 24, 72, 149
research polls, 13, 29-30, 199n3
Resource Recovery Act, 15
Roberts, John, 10, 75
Roosevelt, Franklin, 14, 72, 76
Roosevelt, Theodore, 12, 14, 71, 72, 114, 145, 198n34
Rubin, Robert, 123, 124
Rubin v. Coors Brewing Company, 59-60, 196n8
Russia, 110
S
Safe Drinking Water Act, 15
Santa Clara County v. Southern Pacific Railroad Co., 68-69, 72-73, 197n21
Saudi Arabia, 97, 130
schools, corporate advertising in, 34-36, 48-52
Scotland, 102
Scully, Thomas, 93
Second Bank of the United States, 15
Securities and Exchange Commission (SEC), 158-159, 184
SEIU, 85, 86
Senate Banking Committee, 124
Seventeenth Amendment, 152
shareholders
corporate accountability and, 154, 158-159
limited liability and, 62-63
of multinational corporations, 130-131
rights of, 77, 159, 171, 174-175, 177
Silby, Wayne, 110
Singapore, 130
Slow Money, 180
Social Security, 88
Social Venture Network, 180
South Korea, 59
Southeastern Legal Foundation, 24
Southern Pacific Railroad Company, 68-69, 72-73, 197n21
Soviet Union, 114
Spain, 59, 102
Standard Oil, 131, 134
Stevens, John Paul, 11-13, 17, 57
Stonyfield Farm, 110
Story of Stuff Project, 189
student loans, 52-57
subprime student loans, 52-57
Surface Mining Control and Reclamation Act, 15
Switzerland, 125, 130
T
Target, 76
Tarplin, Downs & Young, 94
Tauzin, Billy, 93, 94, 124, 162
taxes
concealed assets and, 125, 140, 206n44
corporate subsidies and, 94, 97, 100, 120, 133, 201n28
environmental incentives on, 29, 99
federal deficit and, 88-89, 90
progressive income, 6, 72, 117-119, 205n21
Tea Party, 13, 151
Tennessee, coal mining in, 103-104, 106, 203n54
TET propane, 135
Texas, oil refinery explosion in, 100, 135, 136, 140
Thomas, Clarence, 59-60
Thoreau, Henry David, 37
Thornton, Mark, 124-125
tobacco corporations
branding and, 33-37, 49, 193n10
conspiracy campaign by, 19-22
lobbying by, 19
Powell, Lewis and, 19-22
state regulations and, 36-37
youth market and, 21, 34-37, 38-39, 49, 193n10
Tobacco Institute, 19
Tort Claims Act, 171
Toxic Substances Control Act, 15
Toynbee, Arnold, 189n1
Transpartisan Alliance, 151
Transpartisan Center, 181
Travelers Group, 123
Truman, Harry, 162, 171
Twentieth-Eight Amendment see People’s Rights Amendment
Twenty-Seventh Amendment, 152
U
UBS, 120, 125, 130, 206n44
Union Pacific Railroad Corporation, 131
unions, spending by, 83-87, 174
United for the People, 179
United Mineworkers, 107
United Nations, 140
University of Arizona, 49
U.S. Chamber of Commerce
global dominance within, 130, 151
judicial activism of, 24, 26, 46-47, 73-74, 103, 104, 159
National Litigation Center, 23-24, 26, 191n17
Powell memorandum to, 17, 18, 19, 22
spending by, 27, 80-83, 172
U.S. Constitution
amendment campaigns and, 147-149
Article V, 66, 151, 152, 167-168
corporate personhood and, 138, 139
Delaware and, 64-67
early interpretations of, 71-72, 75, 117
Founders and, 5, 12, 14, 69, 70, 128
meaning of, 5, 12, 14, 69, 70
progressive income tax and, 72, 117
see also Citizens United; specific amendments
U.S. Court of Appeals, 21, 32, 35, 45, 107, 159
U.S. Department of Education, 53, 55
U.S. Department of Justice, 21, 205
U.S. Department of the Treasury, 123-124
V
Van Buren, Martin, 15
Verizon, 27
Vermont, 39-45, 157
Vermont Department of Agriculture, 42
Vietnam War, 16
Virginia
coal mining in, 1
04, 203n54
virtue, 127, 128, 129-132, 141-142
Volvo, 132, 140
W
Wachovia, 120
Wal-Mart, 79
Warburg Pincus, 53
Washington, George, 70, 162
Washington Legal Foundation, 24, 138, 193n14
Washington State, 36, 100, 136
Waterkeeper Alliance, 104
Weil, Sanford, 123
WellCare Health Plan, 132, 140
West Virginia, coal mining in, 103-108, 185-188, 203n54
Whitehouse, Sheldon, 142-143
Wilderness Act, 15
Wilson, James, 70, 76
Wilson, Woodrow, 72
Wisconsin, election funding in, 160
X
XE, 90
Y
Yemen, 97
Youngdahl, Jon, 86
younger adult smoker (YAS), 35, 36
About the Author
Jeff Clements is a founder and General Counsel of Free Speech for People. Jeff is also founder of Clements Law Office, LLC, and has represented and advocated for people, businesses and the public interest since 1988. In the United States Supreme Court case of Citizens United v. Federal Election Commission, Jeff represented several liberty and democracy advocacy organizations in filing an Amicus Brief arguing that people, not corporations, have Constitutional rights. In 2010, he helped launch the Free Speech for People campaign to overturn the Citizens United ruling that corporations have a Constitutional right to spend unlimited money in American elections.
Jeff has served as Assistant Attorney General and as Chief of the Public Protection & Advocacy Bureau in the Massachusetts Attorney General’s Office. As Bureau Chief, he led more than 100 attorneys and staff in law enforcement and litigation in the areas of civil rights, environmental protection, healthcare, insurance and financial services, antitrust and consumer protection. Jeff also served as an Assistant Attorney General in Massachusetts from 1996 to 2000, where he worked on litigation against the tobacco industry and handled a wide range of other investigations and litigation to enforce unfair trade practice, consumer protection and antitrust laws.
In private practice, Mr. Clements has been a partner in the Boston law firms of Clements & Clements, LLP and Mintz Levin. He has represented clients in a variety of appeals and litigation, and in investigations and prosecutions by the U.S. Attorney’s Office and Maine Attorney General’s Office.
Jeff was elected as a Trustee and President of the Board of Trustees of the Portland Water District, a public agency responsible for protecting and delivering safe drinking water and ensuring proper treatment of wastewater for 160,000 people in Portland and South Portland, Maine and several surrounding communities. He was a co-founder, officer, and director of Friends of Casco Bay, an environmental advocacy organization focused on protection and stewardship of Maine’s Casco Bay. He also has served as a Trustee and President of the Board of The Waldorf School in Lexington, Massachusetts.
Jeff graduated with distinction in History and Government from Colby College in 1984, and magna cum laude with a concentration in Public Law from the Cornell Law School in 1988. He lives in Concord, Massachusetts with his wife and three children.
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1 U.S. Securities and Exchange Commission, Alpha Rule 424 prospectus, May 19, 2011 (“On January 28, 2011, Alpha, Mountain Merger Sub and Massey entered into an agreement and plan of merger pursuant to which Mountain Merger Sub will merge with and into Massey, which will be the surviving corporation of the Merger and a wholly owned subsidiary of Alpha.”)
2 http://blogs.findlaw.com/blotter/2011/03/security-chief-from-massey-mines-explosion-charged-with-lying-to-fbi-and-obstructing-the-investigati.html
3 Report at 99–100.
4 Report at 92.
5 Report at 76.
6 Report at 85.
7 Report at 85.
8 Report at 77.
9 2009 Annual Report at 16–17.
10 Report at 93.
11 Report at 92.
12 January 17, 2008 announcement, Massey Energy to Pay Largest Civil Penalty Ever for Water Permit Violations, available at http://yosemite.epa.gov/opa/admpress.nsf/b1ab9f485b098972852562e7004dc686/6944ea38b888dd03852573d3005074ba!OpenDocument