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The Federal Option: Delaware As A De Facto Agency, Omari Scott Simmons
The Federal Option: Delaware As A De Facto Agency, Omari Scott Simmons
Washington Law Review
Despite over 200 years of deliberation and debate, the United States has not adopted a federal corporate chartering law. Instead, Delaware is the “Federal Option” for corporate law and adjudication. The contemporary federal corporate chartering debate is, in part, a referendum on its role. Although the federal government has regulated other aspects of interstate commerce and has the power to charter corporations and preempt Delaware pursuant to its Commerce Clause power, it has not done so. Despite the rich and robust scholarly discussion of Delaware’s jurisdictional dominance, its role as a de facto national regulator remains underdeveloped. This Article addresses …
Disregarding The Entity Of Private Corporations [Part 2], Charles Horowitz
Disregarding The Entity Of Private Corporations [Part 2], Charles Horowitz
Washington Law Review
A continuation of the article, beginning with section IV, The Nature of the Duty Enforced.