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The Struggle For Democratic Control Of
Corporations: Taking The Offensive
Suggestions for an Agenda of Action in Arenas We Define
- Revoking the charters of especially harmful or abusive
corporations under existing laws as in New York,
Washington, Wisconsin, Maine. Most states still have
provisions in their constitution such as Section 1101 of the
New York Business Corporation Law which specifies
dissolution when corporations act "contrary to the public
policy of the state."
- Rechartering corporations to limit their powers and
make them entities subordinate to the sovereign people,
by e.g., granting charters for limited time periods, requiring
approval by communities and workers to continue in
existence, making corporate managers and directors liable
for corporate harms, etc.
- Reducing the size of corporations by breaking them up
into smaller units with less power to undermine elections,
lawmaking, judicial proceedings and education; restricting
size and capitalization of corporations; prohibiting one
corporation from owning another corporation (some of
which was accomplished by the Public Utility Holding
Company Act of 1935).
- Establishing worker and/or community control over
production units of corporations to protect the "reliance
interest" and other rights of workers and communities. This
can be done by writing rules directly into corporate
charters, such as prohibiting the hiring of replacement
workers during strikes, requiring independent health and
safety audits by experts chosen by workers and affected
communities, and banning use of deadly chemicals, such
as chlorine.
- Initiating referendum campaigns, or taking action through
state legislatures -- and in the courts -- to end
constitutional protections for corporate "persons" and to
require state attorneys general to undertake charter revocation
or rechartering actions when petitioned by citizen groups.
- Prohibiting corporations from making campaign
contributions to candidates in any elections, and from
lobbying any local, state and federal government bodies.
- Stopping extortion and "subsidy abuse" by which large
corporations rake off billions of dollars from human
taxpayers through direct pay-offs and tax breaks.
- Launching campaigns to cap salaries of corporate officials
and tie them to a ratio of average compensation levels of
production workers (say, 5:1 or 10:1), to gain greater
transparency in corporate decision-making, and to end
corporate tax deductions for legal fees, advertising and fines.
- Encouraging worker and community-owned and -controlled
cooperatives and other alternatives to conventional limited
liability profit-making corporations by using law and the
public treasury.
- Preparing a model state corporation code based on the
principle of citizen sovereignty and campaigning for its
adoption, state-by-state.
- Invigorating from the grassroots up a national debate
on the relationship between public property, private
property (including future value), and the rights of natural
persons, communities and other species when they are in
conflict, and on the role of the law in resolving such
conflicts in a democracy.
Program on Corporations, Law, & Democracy
www.poclad.org
Co-Directors:
Richard Grossman, 211 ½ Bradford Street, Provincetown, MA
02657; Tel/fax: (508) 487-3151
Ward Morehouse, Suite 3C, 777 United Nations Plaza, New York, NY
10017; Tel: (212) 972-9877; Fax:
(212) 972-9878; e-mail: cipany@igc.apc.org
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