r
Tuesday, September 25,, 1084
Daily Nebrcskan
PagaS
'Corporation ' history vari
riTQiips should
peaceful goals
he ostensibly conservative
affinity for the corooration
is difficult to understand.
Lest misunderstanding occur,
let me first set forth the approp
riate and just aspect of what we
call the corporation: It is the
voluntary association of individ
uals for the peaceful pursuit of
social, economic or politic al goak
and is both abundantly permissi
ble as well E3 usefuL If this notice
of the collective pursuit of a goal
is all that is understood by the
term "corporation," little proper
Jim
Rogers
objection exists to its functioning.
However, legally the term "cor
poration" has meant much more
than merely peaceful and collec
tive action.
What were these excesses? In
the past, the corporate form was
a testimony to the despotic claims
of earthly kings. Stanford profes
sor Robert Hessen writes that
"Englishmen who wanted to travel
or trade overseas had to obtain a
charter a royal permit which
the king would grant only if he
stood to reap some gain. Free
dom of commerce was viewed
as a privilege or concession that
the king could grant or withhold
at will. When men sought the
king's permission, their petitions
contained glowing promises to
serve the, king, to bring wealth
and glory to his realm."
TMs cssssttelfy despotic
notion of the corporation found
authoritative legal expression in
the famous Sutton's Hospital case
ofl613 when the Lord Chief Jus
tice, Zlr Edward Coke, wrote that
"(a) Corporation aggregate of
many is invisible, immoral and
resteth only in intendment and
consideration of the law." .
This idea found expression in
American law as well when Chief
Justice John Marshall, in an 1819
decision, write that "a corpora
tion is an artiScial being, invisi
ble, intangible and existing only in
contemplation of Law."
It to this leal abstraction which
has led to modern injustice. Pro
fessor Hessen, in a conservative
Hoover Institution publication,
writes that "the current rule that
shareholders are not personally
liable for corporate torts because
'it' is an entity distinct from them'
ha3 permitted and condoned an
injustice: the use of the so-called
one-man corporation and the
close corporation.
Instead of buying enough Liabil
ity insurance to cover potential
tort claims, a sole proprietor forms
a one-man corporation, and then
it (deliberately undercapitalized
and under-insured), rather than
he, ... is liable to tort victims for
the acts of its employees and
agents. It is an abuse long-noted
and vigorously condemned in legal
literature, but one which is inev
itable and ineradicable as long a3
the idea persists that a corpora
tion is legally a distinct entity."
Obviscsfy then the answer '
to the problem of the unjust privi
leging of corporate wrongs is to
remove the privilege and require
that owners and managers, rather
than the corporate "person," ac
cept liability for wrongs which
they commit. Additionally, some
sort of compensatory action, such
as a modest Industrial deconcen
tration program, may be required
to rectify the structural impact
which the past privileging of cor
porate wrongs haa had in the
economy.
Be this is it may, the obvious
and reasonable steps are to re
duce coercive governmental par
ticipation in economic associa
tions. Peaceful and cooperative ac
tion, even on the huge scale of
modern industry, should be permitted.
Nader would not permit this
and instead argues for a return
to the policies of the despotic
past where the ability to non
violently congregate and pursue
corporate goals was not a matter
of right, but rather a special dte-
pensatlon of the mo3t hr h state.
USA
1 a . 2a
Letters
Student says insensitivity, ignorance pervade campus life
Recently the Daily Nebras
kan published an article about
insensitivity to Indians (Page
4, Sept. 20) It was a fine article
and I agreed with many of the
points made. But why stop
there? Why not talk about the
insensitivity and ignorance seen
every day on our own campus:
insensitivity to people of every
race; insensitivity to human
beings?
The other day I was in the
food service building of my res
idence hall complex and saw a
sign in the window of a room
on one of the male floors. It
was a red circle with a red
diagonal slash across it. Inside
the circle was a crude render
ing of an overweight female.
Underneath it, in big letters,
was the phrase, "No Fat
Chicks."
Sunday I saw another win
dow sign that was equally of
fensive. It read There's the
Pork?" and proceeded to list a
residence hall and room num
ber. I saw these two examples in
one week and they are the first
examples of such blatant rude
ness and ignorance that I've
seen since I've been in this par
ticular complex. They are what
made me so angry that I felt I
had to write.
First, I have to wonder what
makes these people think they
need to "comment" on the
physical condition of others. I
don't believe the old "they're so
insecure about themselves that
they have to take it out on oth
ers" syndrome that has been
passed around as an excuse
all these years. I'm ready to
attest it to just plain meanness
and immaturity.
I won't restrict this letter to
the "fat girl" examples. Tilings
like this happen to both sexes
and for many other reasons.
There are dog barks for those
whom the "barkers" have
deemed ugly, the "escort a loser"
to class" game that some Greek;
houses play (personal ex
perience), and many other
stupid little things that serve
only to hurt some people while
giving ethers a cheap thrill
Is this really what college life
is supposed to be like? Aren't
we supposed to be heading
toward adulthood now? Weren't
these juvenile attitudes and
games supposed to be left be
hind in high school? One has to
wonder.
I don't really expect this let
ter to do a lot of good. The
people I'm writing about are so
crass and ignorant that even if
they did read this, they
wouldn't recognize themselves.
But I do want to ask a favor
of those who do read this.
Think before you speak; con
sider the results of your words.
Consider how you would feel if
one of these things was directed
towards you. Consider.
The insensitivity and unfeel
ing attitudes that exist on this
campus sadden and infuriate
me. The only way things can
change is if people change.
Gina L Grone
Junior
Theater Arts
-4-- f itt'. r
XT-, lit
WRC Counseling Prosram - Ths Women's Resource Center offers
a short-term counseling service for those who wish to discuss
immediate concerns or crises and to make decisions about life
styles. These ' decisions may involve relationships, sexuality, and
academic or career difficulties. This is a free service, walk-in or by
appointment, staffed by peer &n& professional counselors. CALL
472-2597.
WRC Groupn Promra Croups for spring semester are now fenn
ing; Ccnss in or calTto sign up for one of the fallowing support
groups. ' .
Wcr.en's Support Grcup
- Women's Qreer risnning
Academic Survival Grcup
Rethinking MaleFemale Relationships
Women in Math &. Science Support Groyp,
Lesbian Support Group
Surviving Alcoholic Parents
Men's Group
.. 11 I
53ffirw flPqf f"""? i'V 4" 97CTJ 'J
J v
' .1.1. Jit
' 1
t f
cerrrer for and abcuT women
rvebraika unioi-14ih R-room 117-uivrsity of netsraska-lincoIn-ESSCS
Hours: 10:C3-4:00 Phoiw: 472-2537
mm
'?
HI W f . j
Mi H 1
So, the lowest price may not prove to be a
bargain. At Family Contact Lens Center, trie
hea'th of your eyes comes first That s why
we provfd a trough, professional care, to
assure hes'iy eyss wh!! a wearing contact -lenses.
And we do it zt a price you csn fford
indGEitlontoavlc!3SC!cctlonof!ansd3
s!sns zn& rn2tcrf!3 we orrcrfrcs consultation
end zn exduse CO-dr trlzl period.
For more information call: 4834000483-5757
C" V -TTtlWIl... X
Cbntavt Lens Center uy.
'Where the health of your eyes comes first.
6909 East "O"
Financing Av2S!as:e