‘Delaware’s Place in the World’

William J Moon, ‘Delaware’s Global Competitiveness’ (January 30, 2021), available at SSRN. Post-election headlines that Delaware is finally ‘on the map’ after ‘centuries of obscurity’ are anathema to corporate law scholars. Delaware has long been at the center of US corporate law. US corporations may choose where they organize, untethered to their physical location. This creates the tantalizing – and much-studied – possibility of a market for corporate law. In many accounts Delaware dominates that market, with the majority of Fortune 500 companies organized in the state. But the market for corporate charters is not just a domestic US market. It is also a global market. And in the context of that market, Delaware is not doing so well. In ‘Delaware’s Global Competitiveness’, Professor William Moon studies the place of Delaware corporate law in the world … (more)

[Verity Winship, JOTWELL, 31 March]

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