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71 Vand. L. Rev. 1293 (2018)
The Political Economy of Corporate Exit

handle is hein.journals/vanlr71 and id is 1337 raw text is: ESSAY The Political Economy of Corporate Exit Susan S. Kuo* Benjamin Means** Corporate political activity is understood to include financial contributions, lobbying efforts, participation in trade groups, and political advertising, all of which give corporations a voice in public decisionmaking. This Essay contends that the accepted definition of corporate political activity overlooks the importance of exit. Corporations do not need to spend money to exert political influence; when faced with objectionable laws, they can threaten to take their business elsewhere. From the grab your wallet campaign to the fight for LGBT rights in states such as Georgia, Indiana, and North Carolina, corporate exit has played a significant role in recent political controversies. This Essay offers the first account of corporate exit as a form of political activity and identifies two basic rationales: (1) attaching economic consequences to public choices, and (2) avoiding complicity with laws that violate a corporation's values. This Essay also shows how citizens can harness corporate economic power when conventional political channels are inaccessible. In an era of hashtag activism and boycotts sustained via social media, corporations cannot afford to ignore consumers, employees, investors, and other stakeholders. INTRODUCTION. ....................................... ...... 1294 I. EXIT AS INFLUENCE ................................... 1298 A. Redefining Corporate Political Activity ..... ..... 1299 B. Why Exit Has Been Overlooked .................. 1302 1. Input Versus Deliberation.... .......... 1303 2. The Race to the Bottom ................ 1304 * Professor of Law, University of South Carolina School of Law. ** Professor of Law, University of South Carolina School of Law. The authors thank Derek Black, Josie Brown, Cathy Hwang, Martin McWilliams, and Elizabeth Pollman for helpful comments on previous drafts. Jacob Taylor provided excellent research support. 1293