Scholarship (Affiliate)
Texas Is Disrupting Delaware’s Dominance Through Innovation
Harvard Law School Forum on Corporate Governance
View Original Source
Disruptive innovation has come to the jurisdictional competition for corporate charters.
For decades, the biggest obstacle facing states seeking to challenge Delaware’s dominance in the jurisdictional competition for corporate charters was their inability to replace Delaware’s massive inventory of highly developed case law precedent. This body of law, coupled with the promise that an elite cadre of sophisticated judges would interpret new legal disputes against the background of these precedents, allowed Delaware to offer what its competitor-states could not: certainty and predictability. Until now that is.
Read the full piece here.