Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Conflicted Mutual Fund Voting In Corporate Law, Sean J. Griffith, Dorothy Lund
Conflicted Mutual Fund Voting In Corporate Law, Sean J. Griffith, Dorothy Lund
Faculty Scholarship
Recent Delaware jurisprudence establishes a disinterested vote of shareholders as the pathway out of heightened judicial scrutiny. The stated rationale for this policy is that shareholders, the real party at interest, are better protected by the ballot box than by the courtroom. As long as informed, disinterested shareholders with an economic stake in the outcome of the vote can effectively express their preferences through voting—the court need not scrutinize the underlying transaction. Rather, it can defer to the outcome under the business judgment rule.
But shareholder voting is not always as direct as this reasoning implies. Instead, voting outcomes increasingly …
Judicial Activism In Trial Courts, Bruce A. Green, Rebecca Roiphe
Judicial Activism In Trial Courts, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
No abstract provided.