Open Access. Powered by Scholars. Published by Universities.®
State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Assessment (1)
- Asset Fragmentation (1)
- Climate change (1)
- Community choice aggregation (1)
- Contracting out (1)
-
- Corporate charter provisions (1)
- Corporation law (1)
- Corporations (1)
- Courts (1)
- Delaware (1)
- Delaware tensions with U.S. Congress (1)
- Dodd-Frank (1)
- Eminent Domain (1)
- Incomplete Takings (1)
- Intervention by Delaware legislators (1)
- Just Compensation (1)
- Legislation (1)
- Local energy (1)
- Municipalization (1)
- Options Theory (1)
- Outsourcing (1)
- Partial Takings (1)
- Proxy access bylaws & rule (1)
- Proxy expense bylaw (1)
- Put Option (1)
- Sarbanes-Oxley (1)
- Shareholder litigation (1)
- Takings (1)
- Takings Compensation (1)
- Valuation (1)
Articles 1 - 3 of 3
Full-Text Articles in State and Local Government Law
Public Energy, Shelley Welton
Public Energy, Shelley Welton
All Faculty Scholarship
Many scholars and policy makers celebrate cities as loci for addressing climate change. In addition to being significant sources of carbon pollution, cities prove to be dynamic sites of experimentation and ambition on climate policy. However, as U.S. cities set climate change goals far above those of their federal and state counterparts, they are butting up against the limits of their existing legal authority, most notably with regard to control over energy supplies. In response, many U.S. cities are exercising their legal rights to reclaim public ownership or control over private electric utilities as a method of achieving their climate …
Partial Takings, Abraham Bell, Gideon Parchomovsky
Partial Takings, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
Partial takings allow the government to expropriate the parts of an asset it needs, leaving the owner the remainder. Both vital and common, partial takings present unique challenges to the standard rules of eminent domain. Partial takings may result in the creation of suboptimal, and even unusable, parcels. Additionally, partial takings create assessment problems that do not arise when parcels are taken as a whole. Finally, partial takings engender opportunities for inefficient strategic behavior on the part of the government after the partial taking has been carried out. Current jurisprudence fails to resolve these problems and can even exacerbate them. …
The Bylaw Puzzle In Delaware Corporate Law, David A. Skeel Jr.
The Bylaw Puzzle In Delaware Corporate Law, David A. Skeel Jr.
All Faculty Scholarship
In less than a decade, Delaware’s legislature has overruled its courts and reshaped Delaware corporate law on two different occasions, with proxy access bylaws in 2009 and with shareholder litigation bylaws in 2015. Having two dramatic interventions in quick succession would be puzzling under any circumstances. The interventions are doubly puzzling because with proxy access, Delaware’s legislature authorized the use of bylaws or charter provisions that Delaware’s courts had banned; while with shareholder litigation, it banned bylaws or charter provisions that the courts had authorized. This Article attempts to unravel the puzzle.
I start with corporate law doctrine, and find …