The Rise of Corporations

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Questions and Answers

Which legal concept, originally intended to protect the rights of formerly enslaved people, was later utilized by corporations to assert their own rights as 'persons'?

  • The Bill of Rights
  • The 14th Amendment (correct)
  • The Commerce Clause
  • The Sherman Antitrust Act

According to the documentary, early corporations were primarily viewed as entities subordinate to the public good, with charters that clearly stipulated their operational limits and shareholder liabilities.

True (A)

What term describes the practice of corporations minimizing their own costs by shifting the negative consequences of their activities onto third parties or society?

Externalities

The documentary suggests that modern corporations, unlike individual persons, lack a moral ______ and are primarily driven by maximizing profit for their stockholders.

<p>conscience</p> Signup and view all the answers

Match the following corporate actions with their potential consequences:

<p>Labor exploitation = Harsh working conditions and inadequate wages Chemical synthesis = Creation of persistent chemicals with toxic effects Use of rBGH in dairy farming = Inflammation and health problems in cows Deforestation using Agent Orange = Birth defects and cancers</p> Signup and view all the answers

What was the main concern associated with Monsanto's rBGH (Posilac) use in dairy herds, as highlighted in the documentary?

<p>Adverse health effects on cows and potential risks to humans (B)</p> Signup and view all the answers

The documentary suggests that corporate spying is primarily motivated by a desire to protect intellectual property rather than to gain competitive advantages in the market.

<p>False (B)</p> Signup and view all the answers

What term does the documentary use to describe the historical process of converting shared resources into private property, a practice seen as a precursor to modern corporate actions?

<p>Enclosure</p> Signup and view all the answers

The notion that contemporary marketing has evolved compared to that of the past highlights that they can be described as a ______ bomb due to its sophistication and pervasiveness.

<p>smart</p> Signup and view all the answers

What was the U.S. Supreme Court's ruling regarding the patenting of living organisms, as illustrated by the Chakrabarty case?

<p>Genetically modified organisms can be patented. (C)</p> Signup and view all the answers

Flashcards

Corporation Definition

A legal entity designed to generate returns for owners, originating from the Industrial Age.

Prioritizing Profit

The legal obligation of publicly traded companies to prioritize financial gains for shareholders.

Externalities

The act of a corporation passing costs or consequences onto third parties without their consent.

Chemical Hazards

Synthetic chemicals persist, causing cancer, birth defects, documented industry knew, but trivialized.

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rBGH Effects

Artificial hormone in cows causing inflammation, mastitis, pus in milk, and antibiotic use.

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Antibiotic Resistance

A crisis where infections become untreatable due to the overuse of antibiotics in agriculture and medicine.

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Intergenerational tyranny

The idea that actions that harm the environment diminish resources available to future generations.

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Enclosure of the Commons

Turning shared resources into private property, such as land, water, or even genetic material.

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Marketing to Children

Using sophisticated methods to influence children to pressure their parents to buy products.

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Undercover Marketing

Subtle brand messaging integrated into everyday life experiences, often without consumer awareness.

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Study Notes

The Rise of the Corporation

  • 150 years ago, corporations were relatively insignificant.
  • Today, corporations are dominant, similar to historical institutions like the church or monarchy.
  • The documentary explores the corporation's nature, evolution, impacts, and potential futures.
  • Early corporations had narrow legal mandates, raising the question of how they gained such power.
  • Scandals have sparked debate about the lack of public control over corporations.
  • The media has reduced the debate to identifying "bad apples" within the corporate world.
  • Some argue the issues are more systemic than just a few bad actors.
  • The corporation is presented as a paradox: creating wealth but also causing harm.

Metaphors for the Corporation

  • Corporations are described as part of a jigsaw, incomplete without them but problematic as the only piece.
  • Other metaphors include a sports team working towards a common goal, or a family unit.
  • Corporations are likened to the telephone system: powerful, pervasive, and transformative.
  • An idealized view compares corporations to eagles: noble, visionary, and inspiring.
  • A darker perspective views corporations as monsters driven by profit at any cost.
  • Other comparisons include a whale that could swallow you, or Dr. Frankenstein's creation overwhelming its creator.
  • The term "corporate agenda" is often used negatively, implying a world takeover attempt.
  • Some prefer terms like "business" or "business community" to avoid the negative connotations.

Defining the Corporation

  • A corporation is a form of business ownership.
  • It's a group working together to achieve objectives, primarily growing legal returns for owners.
  • The modern corporation evolved from the Industrial Age, emphasizing productivity.
  • Early corporations were associations chartered by the state for specific functions.
  • These corporations had clear stipulations in their charters, including operational limits and shareholder liability.
  • Corporations were once viewed as subordinate entities serving the public good.

The Corporation Gains Power

  • The Civil War and Industrial Revolution led to corporate growth in railroads, banking, and manufacturing.
  • Corporate lawyers sought to remove constraints on the corporate form.
  • The 14th Amendment, intended for equal rights for Black people, was used by corporations to gain rights.
  • Corporations argued they were "persons" under the 14th Amendment, gaining legal protections.
  • This meant that between 1890 and 1910, out of 307 cases brought before the court under the 14th Amendment, 288 were brought by corporations and 19 by African Americans.
  • Incorporation provides limited liability, protecting personal assets from business debts.
  • A corporation operates legally as an individual person, distinct from its members.
  • Corporations can buy, sell, borrow, sue, and be sued, functioning as legal persons.

The Corporation as a "Person"

  • Corporations have the rights of immortal persons but lack moral conscience.
  • They are designed to prioritize stockholders' financial interests over other stakeholders.
  • Corporations are not like individuals; they have no soul to save or body to incarcerate.
  • Corporations are primarily driven by the bottom line: maximizing profit in each quarter.
  • Profit-making is seen as the incentive that drives capitalism and provides needed goods.
  • Businesses claim to consider the environment and be constructive members of society.
  • Some argue there's no such thing as "enough" profit for corporations.
  • Every organization, including those outside business, needs to address economic foundations.

Prioritizing Profit

  • Publicly traded corporations are legally required to prioritize owners' financial interests.
  • Corporations are legally bound to put their bottom line ahead of everything else, even the public good.
  • This is not a natural law but a judicial decision, focusing on short-term profit for stockholders.
  • Corporations are obligated to grow and be profitable, sometimes at the expense of others.
  • Externalities: Corporations try to make other people pay the bills for their impact on society.
  • Externalities are the effect of a transaction between two individuals on a third party who has not consented to or played any role in the carrying out of that transaction.
  • Corporations aim to minimize costs and externalize problems onto others.

The Corporation as an Externalizing Machine

  • Corporations are externalizing machines, similar to sharks as killing machines.
  • This isn't about malevolence; it's about the design to achieve specific objectives.
  • Corporations are pressured to deliver results now and externalize costs whenever possible.

The Corporation's Personality

  • The corporation's behavior can be analyzed like a psychiatrist would analyze a patient.
  • Case histories reveal harm inflicted on others due to corporate activities.

Labor Exploitation

  • Garment workers are paid cents for items sold for much higher prices.
  • Some workers earn only 31 cents an hour making car stereos.
  • Factories often have harsh conditions, with spies monitoring worker meetings.
  • Workers sometimes secretly provide pay stubs to reveal their low wages and the brands they produce.
  • Some products are made by children, despite claims of supporting children's charities.
  • In developing countries, low-cost labor is seen as the only valuable offering for some communities.
  • Some argue that hiring these workers, even at low wages, rescues them from their circumstances.
  • Companies closely monitor and optimize the time allotted for each operation to minimize labor costs.
  • Companies move to new areas when wages become "too high," meaning people are no longer desperate.
  • Export processing zones offer incentives for companies, but workers rarely earn enough for basic needs.

Chemical Synthesis and its Impact

  • 1940 marked the beginning of large-scale chemical synthesis, creating new substances.
  • Oil companies rearranged petroleum molecules to create various products, including fabrics, toothbrushes, tires, insecticides, and weed killers.
  • This led to the production of new, synthetic chemicals at virtually no cost.

Chemical Hazards and Industry Awareness

  • Chemists can create persistent and relatively indestructible chemicals like DDT
  • DDT was created by putting two benzene molecules on the blackboard and adding chlorine in places

DDT Usage and Early Warning Signs

  • DDT was administered to civilians by native doctors under supervision of the Eighth Army to prevent typhus during occupation
  • Petrochemical era growth led to synthetic chemicals which have permeated consumer products, air, and water
  • Synthetic chemicals are known to cause cancer, birth defects, and other toxic effects
  • Industries were aware of these risks but attempted to trivialize them, documented evidence exists

Monsanto Files and rBGH

  • Monsanto files revealed issues with toxicological testing of cows given rBGH
  • rBGH, trade name Posilac, is used in over a quarter of U.S. dairy herds
  • The Food and Drug Administration (FDA) declared rBGH safe for both cows and humans four years prior
  • Monsanto falsely claimed there were no adverse effects and that they didn't use antibiotics
  • rBGH use led to chronic inflammation, heart, lung, kidney, and reproductive issues in cows
  • rBGH results in unnecessary pain, suffering, and distress for cows

Milk Overproduction and Mastitis

  • The industrial world is already overproducing milk
  • Governments around the world pay farmers not to produce milk
  • The artificial hormone rBGH causes problems for cows, including mastitis, udders become infected
  • Cows with mastitis produce pus in their milk, increasing the somatic cell count and bacteria

Antibiotic Resistance and Health Risks

  • Cows injected with rBGH and antibiotics lead to people consuming antibiotics through food
  • This contributes to antibiotic-resistant bacteria and diseases, a crisis where infections can't be cured
  • Consumers shouldn't have to take any health risks
  • There is a lot of conflicting evidence about health risks

Agent Orange and Corporate Responsibility

  • Large areas of Vietnam were deforested using Monsanto's Agent Orange
  • Agent Orange caused over 50,000 birth defects and hundreds of thousands of cancers in Vietnamese civilians, soldiers, and former American troops
  • U.S. Vietnam veterans exposed to Agent Orange sued Monsanto, settled out of court for $80 million, but Monsanto never admitted guilt

Pollution and Environmental Awareness

  • Paper companies pollute rivers by sending effluent, despite residents' concerns
  • The river was being polluted, we are creating something that's gonna destroy us
  • Traders in the market are focused on dollars and making money, environmental conditions are secondary
  • Information received doesn't include environmental conditions unless they become a commodity

Corporate Criminality and Fines

  • Multinational Monitor compiled a list of top corporate criminals of the 1990s based on criminal fines paid, there were examples involving exxon, general electric, chevron, mitsubishi, ibm, kodak, pfizer, odwalla, sears, roche and others
  • Obeying the law depends on cost-effectiveness, if getting caught is less than the cost of compliance, its a business decision

Civilization's Trajectory and the Biosphere

  • Civilization is like a doomed craft heading for a crash due to unsustainable practices
  • Every living system and life support system of Earth (the biosphere) is in decline
  • The biosphere is important in supporting and nurturing all of life

Corporate Practices and Intergenerational Tyranny

  • Typical 20th-century companies are extractive, wasteful, and abusive
  • Companies leave a legacy of poisoning and diminishing the environment for future generations, extraction process to produce $1 of revenue is suprising
  • Depleting resources is considered intergenerational tyranny and taxation without representation

Corporate Psychopathy and Moral Responsibility

  • Corporations can be seen as psychopathic
  • A corporation lacks moral opinions and social responsibility, it's an artificial legal structure
  • Individuals within corporations (stockholders, executives, employees) still have moral responsibilities
  • Humans have the same genes, we're more or less the same, but our nature, the nature of humans, allows all kinds of behavior

CEO Constraints and Layoffs

  • CEOs don't have absolute power and can't always prioritize personal values
  • Layoff decisions are tough but are the consequence of modern capitalism

Slavery Comparison and Institutional Roles

  • Distinguish between the institution and individual, like with slavery, or other forms of tyranny
  • Tyrannical institutions are monstrous, but individuals in them may be benevolent

Protests and Corporate Perspectives

  • Protesters may target individuals within corporations, but find the core problem is the corporate entity
  • A corporation is made up of people, and all have climate, oppressive regimes, human rights troubles

Individual vs. Corporate Responsibility

  • CEOs can care about the environment but must balance it with corporate responsibilities

Shell's Practices and Environmental Concerns

  • Shell Nigeria flares large amounts of gas, causing significant pollution
  • Concerns about the environment don't prevent activists from being harmed for opposing Shell's practices

Corporate Mindset and Terminator Technology

  • Corporations don't think, but people in corporations do
  • Terminator (suicide gene) technology in seeds is anti-evolutionary, driven by profits
  • It's a war against evolution to even think in those terms

Corporate Spying and Market Share

  • Individuals engage in corporate spying to gain competitive information, posing as recruiters to debrief competitors' employees, it helps improve market share
  • The goal is market share, being aggressive, and increasing shareholder value
  • Stockholders want money, regardless of ethics

Diversity and Global Realities

  • Companies are run by rich white men out of touch with the majority of the world
  • The majority of the planet is not a bunch of rich white guys, decisions are not based in reality

Excessive Wealth and Factory Visits

  • There's a question of how much is enough, if you are a billionaire, would it be okay just to be a half a billionaire? Wouldn't it be okay for your company to make a little less money if it meant-
  • Nike's Phil Knight had not visited his own factories in Indonesia, despite owning the company

Environmental Consciousness and Commerce

  • Interface, a company, began receiving questions from customers about its environmental impact in 1994
  • Initially, the company lacked satisfactory answers regarding its environmental efforts
  • A task force was created within the research department to assess the company's environmental position and develop responses for customers
  • Paul Hawken's book "The Ecology of Commerce" was pivotal, providing inspiration and leading to a significant shift in mindset
  • The phrase "the death of birth," coined by E.O. Wilson to describe species extinction, had a profound impact, prompting a reevaluation of business practices
  • The central question raised: Can any product be made sustainably?
  • Certain products, such as landmines, are deemed fundamentally unsustainable and should not be manufactured at all
  • Interface's operations were characterized as exploitative, plundering resources that belong to every creature on Earth
  • The realization that such practices should be illegal in the future

Exploitation of Disasters for Profit

  • In the wake of the September 11 attacks, some traders immediately considered the potential for financial gain, particularly in the gold market
  • The increase in the price of gold following the attacks led to significant profits for clients invested in gold
  • The U.S. bombing of Iraq in 1991 caused the price of oil to surge from $13 to $40 a barrel
  • Brokers expressed excitement over potential problems and oil well fires caused by Saddam Hussein's actions, anticipating further price increases
  • War and devastation were viewed as opportunities for financial gain in these contexts

Enclosure of the Commons

  • Historically, there was a time when certain things were considered too sacred or essential for the public good to be treated as business opportunities
  • The enclosure movements of the Great European Commons during the 14th-16th centuries marked the beginning of the modern age
  • Medieval life involved collective living and responsibility, with people belonging to the land rather than the other way around
  • Land was collectively farmed and seen as a commons, administered by the church, aristocracy, and local manors as stewards of God's creation
  • Tudor England saw the emergence of parliamentary acts that enclosed the great commons, turning shared land into private property
  • This process extended to the oceans, with countries claiming portions of water for exploitation
  • In the 20th century, the air was divided into air corridors for commercial traffic, further enclosing common resources

Privatization and Wealth Usurpation

  • Deregulation, privatization, and free trade are seen as a modern form of enclosure, involving the private taking of the commons
  • Wealth is often defined as something created only when privately owned, overlooking the intrinsic value of clean water, fresh air, and a safe environment
  • Wealth usurpation occurs when entities enclose these resources and declare them private property

Public vs. Private Institutions

  • Essential services like firefighting have transitioned from private companies to public trusts
  • Public institutions may operate at a loss to provide side benefits, such as cheap steel for other industries
  • Public institutions can maintain employment during recessions, increasing demand and helping to stabilize the economy
  • The privatization of public institutions can lead to unaccountable tyranny, as private companies prioritize profit over public welfare
  • Concerns are raised about the potential for everything, including essential services like education, healthcare, and social assistance, to be privately owned
  • Preservation of the commons, including water and air, is crucial for collective survival

Commodification of Pollution and Resources

  • Efforts have been made to address pollution through mechanisms like the trading of permits for sulphur oxides
  • This approach attaches a price to polluting the environment, incentivizing reductions
  • The idea of private ownership extending to every square inch of the planet, cubic foot of air, and body of water is explored
  • The concept involves entities with a vested interest in maintaining resources owning the interests involved in those resources

Marketing to Children

  • AOL Time Warner owns the copyright to "Happy Birthday" and has demanded significant fees for its use in films
  • Comparing modern marketing to past marketing is like comparing a BB gun to a smart bomb, due to its sophistication and pervasiveness
  • Marketing to children involves manipulating them into buying products
  • Western International Media, Century City, and Lieberman Research Worldwide conducted a study in 1998 on nagging to help corporations make kids nag for their products
  • Anywhere from 20% to 40% of purchases occur because a child nagged their parents
  • Marketers exploit children's developmental vulnerabilities
  • Initiative places approximately $12 billion of media time annually, making it one of the largest buyers of advertising space in the world
  • Developing a relationship with children when they are young ensures they will be consumers as adults

Consumerism and Corporate Influence

  • The corporation provides a social role, defining the "good consumer" as a list of virtues
  • Corporations aim to maximize profit and market share by turning the population into mindless consumers
  • This involves creating wants, imposing a philosophy of futility, and focusing on insignificant things like fashionable consumption
  • The ideal is to have individuals who are totally dissociated from one another, defining their value by how many created wants they can satisfy
  • The public relations industry is designed to mold people into this desired pattern from infancy
  • Two college students became corporately sponsored by First USA to pay for their college tuition, becoming walking billboards

Perception Management and Corporate Domination

  • Corporations are advertising a way of life and a way of thinking, shaping the narrative of who we are as people
  • Perception management is a methodology to help clients identify resources, barriers to success, and how to use communications to achieve objectives
  • Corporations create an image of themselves as regular folks down the block and foster community ties
  • Pfizer representatives engage with residents, emphasizing their role as neighbors and partners in improving the community

Pfizer Security Measures

  • A talk-back box facilitates communication with the Pfizer security guard, located approximately 500 yards away.
  • The system allows passengers to directly contact the Pfizer desk for assistance, especially during off-hours.
  • The Pfizer guard then contacts the transit police to respond to any crime situation.
  • These security measures have resulted in a decrease in crime in the station, enhancing safety for community partners.

Corporate Branding and Public Space

  • Corporations use taxpayer and shareholder money to help the public while simultaneously lowering taxes for corporations and wealthy individuals.
  • Branding has evolved from advertising to production, where successful corporations focus on producing brand meaning rather than just products.
  • Disseminating the idea of their brand is a crucial and invasive act of production for these corporations.
  • Building a three-dimensional manifestation of a brand, such as Disney's town of Celebration, Florida, is a strategy to make the brand idea real.
  • Celebration, Florida, has approximately 5,000 residents and features about 1,300 single-family homes and a town center with restaurants and shops.
  • Disney's brand image is centered around the all-American family and a nostalgic American town.
  • Their primary brand driver is "family magic," which influences all their business activities.
  • Branded environments like Disney World or Disneyland are logical extensions of the "family magic" brand.
  • For entertainment that doesn't align with "family magic," Disney uses brands like Touchstone for more adult-oriented content.
  • The Disney brand conveys reassurance, tradition, and quality, evident in the community they've built.
  • Privatized, branded cocoons start with shopping, extend to holidays, and may eventually lead to residency.

Commercial Relationships

  • The concern is that nearly all relationships could become commercially arbitrated, mediated through commercial interests.
  • This raises questions about whether civilization can survive on such a narrow definition of human interaction.

Undercover Marketing

  • Undercover marketing involves subtle brand messaging in everyday life.
  • Examples include paid doormen displaying empty boxes from specific retailers, actors having loud conversations about a musical act, and strategically placed brands of water in offices.
  • Consumers may encounter eight or nine different undercover marketing messages daily.
  • Real-life product placement involves integrating products into a person's everyday experiences, turning their life into a movie set.
  • Ordinary people can be recruited to promote brands by offering "brand bait," such as knowledge or rituals.
  • These individuals spread the brand message to their friends.
  • Consumers should be critical of commercial messages but also appreciate products that genuinely improve their lives.

Patenting Life

  • The frontiers of the future lie in laboratories and industries, not geographical locations.
  • The Chakrabarty case was a significant judicial event where General Electric and Professor Chakrabarty sought to patent a modified microbe that consumes oil spills.
  • The U.S. Patent Office initially rejected the patent, stating that patent statutes don't cover living things.
  • The U.S. Customs Court of Appeal overturned this decision, surprising many.
  • The court stated the microbe resembled a detergent or reagent more than an animal.
  • The Patent Office appealed, arguing against patenting life without congressional guidance or public discussion.
  • Allowing the patent would mean corporations could own the blueprints of life.
  • The Supreme Court ruled five to four in favor of the patent, with Chief Justice Warren Burger calling it a "small decision."
  • Seven years later, the U.S. Patent Office decreed that anything alive could be patented, except a full-birth human being.
  • The Supreme Court ruled that living organisms produced in the laboratory could be patented.
  • Researchers at Harvard patented the Harvard Mouse, genetically engineered to be more susceptible to cancer.
  • The Supreme Court of Canada ruled that the genetically engineered mouse could be patented in Canada.
  • Canadians generally believe that life forms shouldn't be considered inventions of industry.
  • Bio-prospecting involves scientists and drug companies searching the planet for genes to patent and sell.
  • Some view this as a modern "Wild West," with companies collecting genetic material under false pretenses.
  • The pursuit of profit risks overshadowing the impartial pursuit of truth.
  • There is a race among genomic and biotech companies to identify and claim individual genes as intellectual property.
  • Within a decade, a few global companies could own or license the genes that make up the evolution of our species.
  • These companies are also beginning to patent the genomes of other creatures.
  • The politics of the age of biology will be divided between those who believe life has intrinsic value and those who see life as commercial fare.
  • The marketplace may become the ultimate arbiter of all aspects of biology.

Media and Corporate Influence

  • Global media corporations, influenced by powerful advertisers, filter information.
  • This raises concerns about who will defend the public's right to know and the cost of preserving informed choices.

Case Study: Fox TV and Monsanto

  • Fox Television initially promised investigators the freedom to pursue any stories and ask tough questions.
  • The first assignment was to shoot a promotional segment for "The Investigators."
  • One of the first stories investigated the adulteration of milk with bovine growth hormone (BGH).
  • Monsanto effectively coordinated efforts to get BGH approved, involving university professors, experts, reporters, and federal regulators.
  • The FDA approved BGH based on limited testing, including a 90-day toxicity test on 30 rats.
  • Scientists within Health Canada reached different conclusions about BGH's safety compared to the FDA.
  • Health Canada found that BGH did not comply with safety requirements and could be absorbed by the body, posing implications for human health.
  • This conclusion was mysteriously deleted from the final published version of their report.
  • A Health Canada scientist expressed concerns about secrecy, conspiracy, and pressure to approve drugs of questionable safety, including rBST.
  • Monsanto hired a high-priced lawyer who sent a letter to Fox News with false statements to intimidate the broadcaster.
  • The general manager of Fox News considered killing the story and asked the investigators to keep it secret.
  • The investigators were asked to make changes to the story and broadcast untrue information, with the manager stating, "The news is what we say it is."
  • When the investigators refused, they were threatened with firing for insubordination.
  • Fox News offered the investigators money to leave and not discuss the story or Monsanto's actions.
  • The agreement included a gag order preventing them from speaking about BGH or the corporate response, even at their daughter's PTA meetings.
  • Fox News and Monsanto's lawyers began rewriting and editing the story, aiming to remove or minimize any criticism of Monsanto or its product.
  • The story was rewritten 83 times, an unprecedented number, to drive the investigators crazy or force them to quit.

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