State statutory legislation and, to a lesser extent, federal statutory legislation often discriminates against foreign and alien corporations.' So far, this kind of discrimination against corporations is not accorded much attention in U.S. equal protection doctrine, although the discrimination of alien, natural persons has been topic of much debate and of some well-known Supreme Court cases. This article argues for application of at least an intermediate level of scrutiny, if not strict scrutiny, for classifications on the ground of "corporate nationality" under the Equal Protection Clause of the U.S. Constitution.
Equal Protection for Foreign and Alien Corporations: Towards Intermediate Scrutiny for a Quasi-suspect Classification,
59 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol59/iss3/2