Category: CLR Online Volume 110
Cornell Law Review Online
The “Section 122 Revolution” in Delaware Corporate Law and What to Do About It
Zachary J. Gubler
Marie Selig Professor of Law, Arizona State University, Sandra Day O’Connor College of Law.
Recently, the Delaware General Assembly amended Delaware’s corporate code to allow boards to delegate their decision-making powers to stockholders via contract. These amendments are significant because they effectively overturn a recent Delaware Chancery opinion. They’re also problematic, for two reasons: (1) because they are out of step with the best reading of Delaware corporate law—what…
Feb 2025
Cornell Law Review Online
Treating the Administrative as Law: Responding to the “Judicial Aggrandizement” Critique
Chad Squitieri
Assistant Professor of Law, Catholic University of America, Columbus School of Law.
Modern separation-of-powers jurisprudence—including key decisions decided during the Supreme Court’s 2023-24 term—has been critiqued on the grounds that it constitutes “judicial aggrandizement,” i.e., that it impermissibly empowers federal courts to decide separation-of-powers questions better left to Congress and the President. This “judicial aggrandizement” critique goes too far to the extent it suggests that federal courts…
Dec 2024
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