+ Corporate Misalignment and the Circle of Human Concern Professor john a. powell Executive Director, Haas Institute for a Fair and Inclusive Society Robert D. Haas Chancellor’s Chair in Equity and Inclusion University of California, Berkeley Union Theological Seminary| New York August 31, 2013
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Corporate Misalignment and the Circle of Human Concern
Corporate Misalignment and the Circle of Human Concern. Professor john a. powell Executive Director, Haas Institute for a Fair and Inclusive Society Robert D. Haas Chancellor ’ s Chair in Equity and Inclusion University of California, Berkeley - PowerPoint PPT Presentation
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Corporate Misalignment and the Circle of Human ConcernProfessor john a. powell
Executive Director, Haas Institute for a Fair and Inclusive SocietyRobert D. Haas Chancellor’s Chair in Equity and Inclusion
University of California, Berkeley
Union Theological Seminary| New York August 31, 2013
+Overview
1. Domains of space: public/private?
2. Non-public/non-private
3. Corporate prerogative
4. Circle of human concern
+Domains of Space
+
What’s the Fuss?
Theology/spirituality respond to some collective problem
Power/political Greed and stuff/economics Being/theology/spirituality
Self
+
The issue isn’t public/private, but public/corporate
Expansion of corporate prerogative
Corporate space diminishes public & private space
Private
Addressing the Misalignment of Power
+Domains of Space: Characteristics
Public Private Corporate Shared/
communal space Limited Privacy Everyone
welcome/permitted
Rules and regulations
Individual space Maximum
privacy Ultimate freedom Minimal
government regulation
Minimal surveillance
Not your space No public space Definitely not
private space No freedom It is neither
private nor public space
+
This space is misleading for individuals who enjoyed neither public rights nor private freedom
Today: immigrants, incarcerated, disabled, and other marginalized racial subjects
Non-public/Non-private Space
+Historicizing Non-public/Non-private Space
Arizona SB 1070 Immigration Reform Bill
Melenderes vs. Arpaio (2013)
Incarcerated/formerly incarcerated
ImmigrantsSlaves
from the past… to the present
Dred Scott vs. Sandford (1857)
+Historicizing Non-public/Non-private Space cont.
1851 2010
+Detention & Mass Incarceration as “New Jim Crow”
Stop & Frisk
Floyd, et al. v. City of New York (2013)
Stand-Your-Ground laws. States that have these statutes…
1.Have higher percentages of black populations
2.Are more likely to have a Republican governor
3.Have a higher incarceration rate and a larger number of law enforcement agents
4.Have higher poverty rates
+Corporate Prerogative
+Expansion of Corporate Domain
When and how did the expansion of the corporate domain occur?
+Expansion of Corporate Domain cont.
The Gilded Age (1870s – early 1900s)
Lochner decision (1905) Court said that legislatures couldn’t regulate the economy Reminiscent of Tea Party today
Time period was also the era of Jim Crow
Populist and Progressives fought corporate power and lost
Strategy was not racially inclusive
The purpose of the 14th Amendment, known as equal protection, was really focused on citizenship
“We doubt very much whether any action of a State not directed by way of discrimination against the Negroes as a class, or on account of their race, will ever be held to come within the purview of this provision.”
— Chief Justice Miller
Expansion of Corporate Domain
Corporate Personhood Corporate attorneys used the 14th Amendment to argue that
States, which had chartered them, were restrained from exercising powers over them Started in the 1870s and culminated in Santa Clara
(1886)
+Legal Fiction
Slavery is the legal fiction that a person is property. Corporate personhood is the legal
fiction that property is a person.
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Just as the Court extended standing rights to corporations, it denied those rights to blacks. For example, from 1890-1910…
Corporations, Race, & the Fourteenth Amendment
19288
+The Reconstruction Court
Doctrine ofCorporate personhood= Plessy v. Ferguson
(1896)Separate but equal
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The Gilded Age/Jim Crow decisions are part of a common social structure
The exercise of social power through property rights continues to mask the concomitant disempowerment of people of color
The Reconstruction Amendments have been hijacked to expand corporate prerogative
Narrows the rights of those marginalized through a variety of legal doctrines, including corporate personhood and through a discourse of public/private
Corporate Prerogative & Civil Rights
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1970s: Justice Powell argued on behalf of
corporate speech
Citizens United v. FEC (2010):distorts the democratic political
process
Citizens United
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The repeal of Glass-Steagall
1933 law which separated investment banks from commercial banks
This law prevented commercial banks from gambling ordinary deposits on risky financial instruments and speculation
Example – Corporate Misalignment
Realignment of structures
The Foreign Corrupt Practices Act of 1977
Structural disadvantage
Strategic Oterhing
Globalization
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1. Excessive corporate prerogative distorts the democratic process Super PACs, Koch
Brothers, etc. Tea Party
2. It effects “discrete and insular minorities” as markets, banks, and corporations fail to serve people as they were intended to do and instead only focus on profit for very few
1. What are the effects of this misalignment of power?
2. How does it impact where people are situated within public imagination?
3. What work does othering do for whom?
4. Marginalization: What use?
The Circle of Human Concern
Citizens
Elderly
MothersChildren
Mass Incarceration
Undocumented Immigration Muslims
Sexual Minorities
The Circle of Human Concern
Who inhabits the circle of human concern as a full member and who is
pushed out of it as a result of expanded corporate prerogative?
Non-public/non-private space
Corporations Citizens
Non-public/non-private space
Elderly
Mothers
Children
Felons
Undocumented immigrants Muslims
LGBTQpersons
The Circle of Human Concern
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Race serves as a way of understanding how people are positioned within structures (education, housing, etc.)
How does the expansion of corporate prerogative impact racialized disparities in structures? For example: housing foreclosures due to subprime
lending, which occurred 5 times more in African American neighborhoods than in white ones
Impacts on Racialized Disparities
+Perspective: Bernard Harcourt
Relationship between race, mass incarceration, & social control
Michelle Alexander (2010) identifies a linkage between civil rights backlash and increasingly draconian drug laws
Even more explicitly than Alexander, Harcourt (2011) demarcates what we consider spheres of appropriate and inappropriate regulation dating back to the sixteenth century
Even if not so much in theory, a connectionexists between the penal sphere and theso-called “private sphere”
Conservative position is in support of ahighly regulated sphere of social controlwhile maintaining limited or weak controlof markets
+Understanding Structures as Systems
We are all situated within structures but not evenly These structures interact in ways that produce a differential in
outcomes
+Situated Different in Structures
Not only are people situated differently with regard to institutions, people are situated differently with regard to infrastructure
People are impacted by the relationships between institutions and systems…
… but people also impact these relationships and can change the structure of the system.
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Corporations make good servants, but bad masters
Need for a realignment of corporations in a liberal democracy
Need for a transformative wave of individual, judicial, and legislative actors
To build an inclusive democracy with a sustainable economy of shared responsibility and prosperity
Realignment of Corporations
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http://www.aclu.org/big-profits-broken-dreams
Example – Realignment
Adkins et. al. v. Morgan Stanley (2012)
Filed by ACLU because of discriminatory practices in the secondary housing market
Addresses the uneven racial consequences of making discriminatory lending profitable
Larry Summers
ImpactImpact
Achieving Transformative Change
For more information, visit: http://www.iupress.indiana.edu/catalog/806639