The Failure of the Delaware Business Trust Act as the New Corporate Law

22 Pages Posted: 14 Nov 2001

See all articles by Tamar Frankel

Tamar Frankel

Boston University School of Law

Date Written: October 15, 2001


The Internet transcends boundaries and time, reduces and shifts the cost of receiving and disseminating information. It poses unusual pressures of change on the common law. Internet jurisprudence demonstrates the vitality of the common law, yet highlighted its limitations. The Article describes how the common law addresses Internet issues and the relationship of judicial cases and congressional actions. The Article praises common law system of "muddling through," evolving piecemeal, addressing particular conflicts, not always uniformly nor predictably. This is lawmaking for the risk-averse, reducing the risk and cost of correcting big mistakes. The price: higher learning costs and fewer clear, bright-line and predictable laws. It is worth it.

JEL Classification: K2

Suggested Citation

Frankel, Tamar, The Failure of the Delaware Business Trust Act as the New Corporate Law (October 15, 2001). Available at SSRN: or

Tamar Frankel (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-3773 (Phone)
617-353-3077 (Fax)

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