The Prisoner's Dilemma
By Mel Hathorn
()
About this ebook
Ever think of “taking on” the big boys, those evil corporations who reportedly own America? Well this story will give you some idea of what you’d be in for if you did.
When twenty-five fifth-graders are killed by the negligence of Mighty Meadows Land Development, their parents decide to sue. They quickly learn that they can not get justice from this corporation. The angry parents decide to sue those officers they feel were responsible for killing their children. In a press conference they announce that they are suing, "these individuals (The CEO, CFO, and other top officers) for $15 million each. We are also filing suit against the Board of Directors of Mighty Meadows for $10 million each. Additionally, we will be seeking $8 million in damages from all stockholders who hold 12 percent or more of Mighty Meadows shares."
Their decision to sue officers rather than the corporation is based on an obscure 1886 Supreme Court Case, Santa Clara County v. Southern Pacific Railroad. This decision declared that corporations were persons and allowed the corporation to bear the full responsibility for harmful decisions made by corporate officers. They quickly learn they cannot sue individuals because of this Supreme Court decision that protects corporate leaders from personal liability. While corporations can be sued, corporate leaders cannot even though they make decisions that create major damage or loss of life. This forces the angry parents to seek a reversal of that decision by filing a suit against the CEO of Mighty Meadows.
The business community unites to block these upstart parents by using a variety of legal and illegal means. Harassed and facing what appear to be insurmountable obstacles, the parents fight an uphill battle in the media and justice system. The case finally ends in the Supreme Court where the fate of millions could depend on the single swing vote of a Justice.
An attorney’s reaction: I like the theories used to overturn corporate personhood. The combo of the 5th, 13th, and 14th Amendments are sound, though 13th Am litigation goes nowhere unless there is literal slavery. I thought the idea of slavery through stock ownership was brilliant, even if it wouldn't fly in real life...
I like how you had the parents form a non-profit to pay for the litigation...
I liked Prison's Dilemma and Tragedy of the Commons and believe all law schools should utilize these exercises...
Good job portraying the back door deals of SCOTUS. (Supreme Court of the United States)
Mel Hathorn
Born and raised in Wilmington, Delaware, Mel has in his varied career taught literature and history, piloted planes, and traveled extensively across the United States, Europe, Greece, the former Soviet Union, and Central Asia. He has a Masters Degree in Teaching. Melvin Hathorn is currently a teacher of college literature and history at Albertus Magnus College, and a historic interpreter at the Mark Twain House in Hartford, CT. He has piloted planes and traveled across the United States, Europe, Greece, the former Soviet Union and Central Asia. He has presented workshops around the country as an educator, behavioral therapist, and teacher with over 20 years in the training field. He has published three novels, The Prisoners Dilemma, Celts and Kings, and The Castlereagh Connection. More information can be found at his website, http://www.authorsden.com/mel.
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