Now showing items 1-6 of 6
The Shifting Tides of Merger Litigation
(Vanderbilt Law Review, 2018)
In 2015, Delaware made several important changes to its laws concerning merger litigation. These changes, which were made in response to a perception that levels of merger litigation were too high and that a substantial ...
Organizational Law as Commitment Device
(Vanderbilt Law Review, 2017)
What is the essential role of the law of enterprise organization? The dominant view among business law scholars today is that organizational law — the law of partnerships, corporations, private trusts, and their variants ...
Shareholder Voting in an Age of Intermediary Capitalism
(Southern California Law Review, 2014)
Shareholder voting is a key part of contemporary American corporate governance. As numerous contemporary battles between corporate management and shareholders illustrate, voting has never been more important. Yet, traditional ...
The End of Class Actions?
(Arizona Law Review, 2015)
In this Article, I give a status report on the life expectancy of class action litigation following the Supreme Court’s decisions in Concepcion and American Express. These decisions permitted corporations to opt out of ...
Justice Scalia and Class Actions: A Loving Critique
(Notre Dame Law Review, 2017)
(Delaware Journal of Corporation Law, 2018)
The 1980’s is appropriately considered the Golden Age of Delaware corporate law. Within that era, the Delaware courts won international attention by not just erecting the legal pillars that frame today’s corporate governance ...