Corporate Governance

Delaware's Preeminence and the Internal Affairs Doctrine (Intro)

By J. Robert Brown

We are pleased to have a pair of posts from Timothy Glynn, a professor at Seton Hall Law School.  His recent piece is entitledDelaware's VantagePoint:  The Empire Strikes Back in the Post-Post-Enron Era, 102 Nw. U. L. Rev. 91 (2008) .

We have written often on this blog that the lack of standards by the Delaware courts is good for business but will ultimately lead to increased federal preemption, with Say on Pay the current example.  Tim's paper and the next two posts come at the issue from a different perspective.  He asserts that Delaware may suffer competitive pressure from other states, primarily through the erosion of the internal affairs doctrine.  As might be expected, however, Delaware is already fighting back.  

Full post as published by The Race to the Bottom on March 31, 2008 (boomark / email).