Learning Resources, Inc. v. Trump · ¶89

Examples stretch across many fields. Consider first the common law of corporations. In early modern England, corporations could be formed only with “an explicit, ex ante and direct authorization.” R. Harris, Industrializing English Law: Entrepreneurship and Business Organization, 1720– 1844, p. 17 (2000). That authorization could be given by the Crown, an Act of Parliament, or a combination of the two. Ibid.; see also id., at 19. Some of these corporations exercised regulatory functions not unlike those performed by modern administrative agencies. M. Bilder, The Corporate Origins of Judicial Review, 116 Yale L. J. 502, 516–517, 519– 520 (2006). Indeed, the “[i]nitial settlements in Virginia and Massachusetts Bay, among others, were structured as corporations.” Id., at 535.

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