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Written over fifty years ago, Justice Carter’s Hogan dissent championed the rights of individuals with corporate investments to sue dishonest corporate officials through derivative lawsuits. His emphasis on justice and fairness for shareholders established Justice Carter as a visionary in the area of corporate ethics. Unfortunately, as the scandals of the modern era have demonstrated, many of Justice Carter’s concerns for shareholders remain justified.


Chapter 12 in “The Great Dissents of the 'Lone Dissenter': Justice Jesse W. Carter's Twenty Tumultuous Years on the California Supreme Court,” Oppenheimer, David & Allan Brotsky, eds. (Carolina Academic Press, 2010). Posted with permission from Carolina Academic Press. All rights reserved.