Liberalism and the Reinvention of Corporate Personhood

This is a really good book. Really good. Liberalism and the Reinvention of the Modern Corporation (Oxford UP, 2026) takes the reader on a fascinating, and perhaps unexpected, journey through Catholic hospitals, the expansion of the carceral state, and corporate and union access to the protections of First Amendment freedom of speech. All the while, Kathleen J. Frydl is rigorously constructing an understanding and positioning of the modern corporation within the governmental structures and protections of the American political system. This is a deeply and thoroughly researched book, with details and information coming from legal decisions, law review articles, political theory, congressional acts, federal government notices, historical data and understanding, medical information, and texts in political science, sociology, and economics. It is indeed a tour de force, but the reader doesn’t really notice because it is such a propulsive and captivating narrative about how modern private corporations learned to capture and implement the advocacy practices that the social movements of the postwar period were using to make gains for previously disadvantaged groups (like African Americans, women, those with disabilities, and more).

Frydl lays out the foundation for the analysis within the framework of liberalism, classical liberalism and modern liberalism. She takes pains to explain these distinctions and how our understanding of liberalism has also contributed to some of the shifts and adjustments that have transpired. What does become clear in all of the case studies and details is that this is really a story about the United States Congress—not the Judiciary—and that Congress has been responsible for many of these changes, even if these actions seem to elide public attention and scrutiny. In fact, it is very difficult to detect Congress’s role in these instances, where Congress acted to essentially remove the Judiciary’s powers to deliberate in these policy realms.

Liberalism and the Reinvention of the Modern Corporation is about corporate identity politics, and the ways in which corporations worked to fend off regulatory reform, while not exactly using the expected pathways. Since corporations, unlike, say women or African Americans, do not have a history of exclusion or disadvantage within the American political or economic systems, the concept of corporate identity politics seems a bit odd, but Frydl makes a strong case for this understanding, through the case studies of Catholic hospitals and regulatory reform that provides an avenue towards allowing for more religious freedoms and protections for the hospitals themselves; the legislative reforms with regard to criminal codes in the 1970s and 1980s that instituted harsher sentencing guidelines for individuals but much more lax responses to corporate infractions; and finally in a comparative study of corporate speech regulation and speech regulation of labor unions in the United States. Frydl tells the story from all perspectives and dimensions, including who was working behind the scenes to move these protections forward over the past fifty years. Liberalism and the Reinvention of the Modern Corporation is a very important analysis of the strengthening of the position of corporate entities within the political, legal, and economic systems in the United States.

Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-host of the New Books in Political Science channel at the New Books Network. She is co-editor of The Politics of the Marvel Cinematic Universe Volume I: The Infinity Saga (University Press of Kansas, 2022), and of The Politics of the Marvel Cinematic Universe Volume II: Into the Multiverse (University Press of Kansas, 2025) as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). She is also author of The Politics of Military Base Closings: Not In My District (Peter Lang Publishers, 2003). She can be reached @gorenlj.bsky.social