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16 August 2006

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Over time, the Constitution has been amended, and the interpretation and application of its provisions have changed. The general tendency has been toward centralization and incorporation, with the federal government playing a much larger role than it once did.

Marvin

The Litigation section of the Delaware Bar Association has just released a new booklet, Delaware Uniform Citation.The opinion has been keenly anticipated because of the issues it raises about the management of companies and the role of the directors and shareholders.
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Marvin


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Valerie Hans

Delaware's Superior Court is actually very highly regarded by business and corporate folks, judging by the results of a Chamber of Commerce study.

From the Delaware Superior Court's website:

"March 17, 2006—The nation's top corporate counsel and senior litigators have recognized the Superior Court of Delaware as the premier court of general jurisdiction in the country for the fifth year in a row."
If you are interested in all the details, the Chamber of Commerce report is at www.instituteforlegalreform.org/harris/pdf/
2006_FULL_Report_FINAL.pdf.
[link should be all on one line, no spaces]

frankcross

You have to distinguish between Delaware courts. The Chancery Court of equity which handles most traditional corporate cases is regarded extremely highly. The Superior Court, which handles legal remedies is not considered bad but I doubt regarded as better than most other states.

These contracts would often yield merely legal remedies, as mergers are hard to unwind. In that context, I'm surprised there is so much choice of Delaware law and forum.

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