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Can Delaware Be Dethroned?

Can Delaware Be Dethroned?
Evaluating Delaware's Dominance of Corporate Law

£85.00

Stephen M. Bainbridge, Sean Griffith, Lynn LoPucki, Robert Thompson, Sung Hui Kim, James Park, William B. Chandler, Anthony Rickeym, Lyman Johnson, Christine Hurt, Charles Elson, A. Gilchrist Sparks
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  • Publication planned for: January 2018
  • availability: Not yet published - available from January 2018
  • format: Hardback
  • isbn: 9781107158283

£ 85.00
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  • Delaware is the state of incorporation for almost two-thirds of the Fortune 500 companies, as well as more than half of all companies listed on the New York Stock Exchange, NASDAQ, and other major stock exchanges. This gives Delaware a seemingly unchallengeable position as the dominant producer of US corporate law. In recent years, however, some observers have suggested that Delaware's competitive position is eroding. Other states have long tried to chip away at Delaware's position, and recent Delaware legal developments may have strengthened the case for incorporating outside Delaware. More important, however, the federal government increasingly is preempting corporate governance law. The contributors to this volume are leading academics and practitioners with decades of experience in Delaware corporate law. They bring together a variety of perspectives that collectively provide the reader with a broad understanding of how Delaware achieved its dominant position and the threats it faces.

    • Readers will benefit from high-profile experts bringing their deep knowledge to bear on the issues
    • Contributors include leading corporate law practitioners, providing practical insights
    • The authors have a wide range of opinions about the quality of Delaware law, with some maintaining that Delaware law is of high quality and others arguing that it is vague and indeterminate
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    Product details

    • Publication planned for: January 2018
    • format: Hardback
    • isbn: 9781107158283
    • dimensions: 228 x 152 mm
    • availability: Not yet published - available from January 2018
  • Table of Contents

    1. Introduction Stephen M. Bainbridge
    2. Product differentiation in the market for corporate law: how to design a regulatory alternative to Delaware corporate law Sean Griffith
    3. Corporate charter competition Lynn LoPucki
    4. Delaware's dominance: a peculiar illustration of American federalism Robert Thompson
    5. The failure of federal incorporation law: a public choice perspective Sung Hui Kim
    6. Delaware and Santa Fe industries v. Green James Park
    7. Interest group analysis of Delaware law: the corporate opportunity doctrine as case study Stephen M. Bainbridge
    8. The trouble with Trulia: re-evaluating the case for fee-shifting William B. Chandler and Anthony Rickey
    9. Dominance by inaction: Delaware's long silence on corporate officers Lyman Johnson
    10. Delaware primacy for limited partnerships Christine Hurt
    11. Why Delaware has endured, should endure, and yet may not endure Charles Elson
    12. Delaware's continued resilience: the next hundred years A. Gilchrist Sparks.

  • Editors

    Stephen M. Bainbridge, University of California, Los Angeles School of Law
    Stephen M. Bainbridge is William D. Warren Distinguished Professor of Law at University of California, Los Angeles School of Law. He is a prolific scholar, whose work covers a variety of subjects, but with a strong emphasis on the law and economics of public corporations. He has written over 100 law review articles which have appeared in such leading journals as the Harvard Law Review, Virginia Law Review, Northwestern University Law Review, Cornell Law Review, Stanford Law Review, and Vanderbilt Law Review. Bainbridge's most recent books include: Business Associations: Cases and Materials on Agency, Partnerships, and Corporations (9th edition, 2015) (with Klein and Ramseyer); Corporate Governance After the Financial Crisis (2012); Mergers and Acquisitions (3rd edition, 2012); and The New Corporate Governance in Theory and Practice (2008).

    Iman Anabtawi, University of California, Los Angeles School of Law
    Iman Anabtawi is Professor of Law, University of California, Los Angeles School of Law. She has written and published on numerous topics in corporate law. Her article, 'Fiduciary Duties for Activist Shareholders' (with Lynn Stout, 2008), was selected as one of the Top 10 Corporate and Securities Articles of 2008 by The Corporate Practice Commentator.

    Sung Hui Kim, University of California, Los Angeles School of Law
    Sung Hui Kim is Professor of Law, University of California, Los Angeles School of Law. She teaches business associations, professional responsibility, and securities regulation. Her scholarship has appeared in peer-reviewed and student-edited publications, such as Capital Markets Law Journal, Cornell Law Review, UCLA Law Review, and Securities Law Review. Before teaching law, she served as general counsel for Red Bull North America, Inc. after a career in corporate transactional practice in Washington, DC and Los Angeles. She holds a J.D., cum laude, from Harvard Law School.

    James Park, University of California, Los Angeles School of Law
    James Park is a Professor of Law at University of California, Los Angeles School of Law, where he teaches and writes on corporate and securities law. He has written extensively on securities fraud in public corporations. His articles have appeared in the California Law Review, Duke Law Journal, the Journal of Empirical Legal Studies, Michigan Law Review, and the UCLA Law Review.

    Contributors

    Stephen M. Bainbridge, Sean Griffith, Lynn LoPucki, Robert Thompson, Sung Hui Kim, James Park, William B. Chandler, Anthony Rickeym, Lyman Johnson, Christine Hurt, Charles Elson, A. Gilchrist Sparks

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