Ann Lipton, ‘The Legitimation of Shareholder Primacy’, Journal of Corporation Law (forthcoming, 2025), available at SSRN (3 February 2025). The United States is going through a moment of extreme political strife and uncertainty. Delaware’s corporate law ecosystem is going through its own moment of strife and uncertainty, albeit with less stratospheric – but still high – stakes. Significant connections exist between the conflict occurring within these two systems, including but not limited to the techno-king himself, Elon Musk. Ann Lipton explores some of those connections in ‘The Legitimation of Shareholder Primacy’. Lipton argues that the central corporate law norm of shareholder primacy was intended to shield Delaware law from political debate, but internal tensions within the concept combined with the political polarization of our times have battered that shield … (more)
[Brett McDonnell, JOTWELL, 2 May 2025]
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