Is Delaware’s Antitakeover Statute Unconstitutional? Further Analysis and a Reply to Symposium Participants

DSpace/Manakin Repository

Is Delaware’s Antitakeover Statute Unconstitutional? Further Analysis and a Reply to Symposium Participants

Citable link to this page

 

 
Title: Is Delaware’s Antitakeover Statute Unconstitutional? Further Analysis and a Reply to Symposium Participants
Author: Subramanian, Guhan; Herscovici, Steven; Berbetta, Brian

Note: Order does not necessarily reflect citation order of authors.

Citation: Guhan Subramanian, Steven Herscovici & Brian Berbetta, Is Delaware’s Antitakeover Statute Unconstitutional? Further Analysis and a Reply to Symposium Participants, 65 Bus. Law. 799 (2010).
Full Text & Related Files:
Abstract: In an Article published in the May 2010 issue of the Business Lawyer, we examined Delaware doctrine and presented new evidence to conclude that the empirical claim that the federal courts relied upon to uphold Delaware’s antitakeover statute against Supremacy Clause challenges is no longer valid, and that the constitutionality of Section 203 is therefore "up for grabs." In this brief Reply, we respond to five commentaries on our Article, written by prominent corporate law practitioners and academics. Among other points, we re-examine the sample that supported the constitutionality of Section 203 (n=17) to find that not a single one of these bids actually gave bidders a "meaningful opportunity for success" on a hostile basis, as the federal courts held that the Supremacy Clause requires. Taken together, these further findings confirm our view that Section 203 is vulnerable to constitutional attack.
Published Version: http://heinonline.org/HOL/Page?handle=hein.journals/busl65&g_sent=1&collection=journals813&id=813
Other Sources: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1615492
Terms of Use: This article is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#OAP
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:11998343
Downloads of this work:

Show full Dublin Core record

This item appears in the following Collection(s)

 
 

Search DASH


Advanced Search
 
 

Submitters