Document Type
Article
Publication Date
Summer 2026
Abstract
For more than a century, American corporate law has revolved around a simple competitive premise: State governments supply corporate law while companies choose their state of incorporation, and the market rewards the state offering the best corporate law product. Delaware’s longstanding market dominance (especially for public companies) is often explained through the confluence of its unusually attractive institutional package: expert judges, extensive precedent, a specialized bar, an enabling statute, and a legislature that — at least traditionally — treats corporate law as something to be calibrated technocratically rather than politicized.
Disciplines
Business Organizations Law | Law | Securities Law
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 4.0 International License.
Recommended Citation
Dorothy S. Lund & Eric L. Talley,
The Coming Privatization of Corporate Law,
49(2)
Regulation
48
(2026).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4849