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Corporate Governance And Delaware Courts

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Chapter Summary

This chapter reviews the governance structures of publicly traded corporations, and then also the legal doctrines and judicial decisions being applied to them, advance the sociology of professions at conceptual and empirical levels in three distinct respects. It shows that successful or failed professionalism within corporate governance is bearing and will bear structurally on the institutional designs of democratic, commercially competitive societies in North America, Europe and the Pacific Rim. The chapter states that Delaware has long dominated state competition for corporate charters, and today no other state, including California or New York, poses a credible challenge to its leadership and influence. When Delaware judges impose fiducial duties of care and loyalty on corporate officers, they are treating them as trustees of the corporate entity. The chapter outlines the general doctrinal options currently available to, and employed by, Delaware courts.

Keywords: corporate governance; Delaware courts



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