"We are like dwarfs sitting on the shoulders of giants. We see more, and things that are more distant, than they did, not because our sight is superior or because we are taller than they, but because they raise us up, and by their great stature add to ours." Hence, at a minimum, we have an obligation to cite those giants.
Apropos of which, I've been reading a lot of articles lately about the constitutional rights of corporations that fail to cite--let alone engage--the seminal work done by the late Larry Ribstein. In my view, these failures are not just sloppy, they are shoddy.
So if you're writing on this topic, stop what you're doing and go read:
- First Amendment and Corporate Governance, 27 GA. ST. U. L. REV. 1019, 1052–53 (2011)
- The Constitutional Conception of the Corporation, 4 SUP. CT. ECON. REV. 95, 96 (1995)
- The Constitution and the Corporation (American Enterprise Institute Press, 1995) (with Butler)
Right now. Go. Shoo.
