Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Comparative corporate law (2)
- Conflict of laws (2)
- Corporate charter competition (2)
- Corporate governance (2)
- Corporate law (2)
-
- Jurisdictional competition (2)
- Tax havens (2)
- Business organizations (1)
- Cayman Islands (1)
- China (1)
- Conflict minerals (1)
- Convergence (1)
- Delaware (1)
- Derivative suits (1)
- Dodd-Frank (1)
- Duty of loyalty (1)
- Independent directors (1)
- International law (1)
- Offshore magic circle firms (1)
- Related party transactions (1)
- Self-dealing (1)
- Publication
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Securities Law
Delaware's Global Competitiveness, William J. Moon
Delaware's Global Competitiveness, William J. Moon
Faculty Scholarship
For about a hundred years, Delaware has been the leading jurisdiction for corporate law in the United States. The state, which deliberately embarked on a mission to build a haven for corporate law in the early twentieth century, now supplies corporate charters to over two thirds of Fortune 500 companies and a growing share of closely held companies. But Delaware’s domestic dominance masks the important and yet underexamined issue of whether Delaware maintains its competitive edge globally.
This Article examines Delaware’s global competitiveness, documenting Delaware’s surprising weakness competing in the emerging international market for corporate charters. It does so principally …
Delaware's New Competition, William J. Moon
Delaware's New Competition, William J. Moon
Faculty Scholarship
According to the standard account in American corporate law, states compete to supply corporate law to American corporations, with Delaware dominating the market. This “competition” metaphor in turn informs some of the most important policy debates in American corporate law.
This Article complicates the standard account, introducing foreign nations as emerging lawmakers that compete with American states in the increasingly globalized market for corporate law. In recent decades, entrepreneurial foreign nations in offshore islands have used permissive corporate governance rules and specialized business courts to attract publicly traded American corporations. Aided in part by a select group of private sector …
Can Bad Law Do Good? A Retrospective On Conflict Minerals Regulation, Karen E. Woody
Can Bad Law Do Good? A Retrospective On Conflict Minerals Regulation, Karen E. Woody
Maryland Law Review
Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) created a novel approach to corporate social responsibility (“CSR”) in supply chains by requiring public companies to disclose the presence of conflict minerals in their products. Dodd-Frank, as a whole, has faced a barrage of criticism since its passage, and Section 1502 was not immune from intense critical backlash. As I argued in prior scholarship and congressional testimony, Section 1502 was ill-conceived in substance and form. Its application resulted in the improper use of securities laws to the detriment of its laudable public international law …