15 Pages Posted: 26 Mar 2011
Date Written: March 25, 2011
Despite criticism of Delaware’s corporate statutes by the drafters of the original Model Business Corporation Act (MBCA), there has been a constructive symbiosis between the MBCA and Delaware’s corporation law, including its statutory component: each set of statutes has been informed by drafting and case-law experience generated under the other; especially in recent years, Delaware’s legislature and judiciary have initiated important new elements of corporate law, subsequently adopted by the MBCA; and the MBCA’s more deeply deliberative style has led to useful refinements of Delaware law.
Keywords: Delaware, corporation law, corporate law, model business corporation act, corporations
JEL Classification: K22
Suggested Citation: Suggested Citation
Gorris, Jeffrey M. and Hamermesh, Lawrence A. and Strine, Leo E., Delaware Corporate Law and the Model Business Corporation Act: A Study in Symbiosis (March 25, 2011). Law and Contemporary Problems, Vol. 74, p. 107, 2011; Widener Law School Legal Studies Research Paper No. 11-15. Available at SSRN: https://ssrn.com/abstract=1795310
By Mark Roe