William & Mary Business Law Review
Abstract
In response to controversial Chancery Court decisions, the Delaware Legislature rushed to amend the Delaware Code in order to reinforce the business judgment rule. As the foremost business court in the nation, every Chancery Court decision is thoroughly scrutinized by the corporate world, so when the court goes against normal business practices, corporations grow wary in their trust of the State. Thus ensues a scramble by the State to pass legislation that will protect corporate interests. With these recent decisions, however, the Chancery Court may have lost its footing, and Delaware could soon see a mass corporate exodus with the tech sector at the helm.
Repository Citation
Andrea Safran, Uncertainty in Business Judgment: How a Divide Between Delaware's Judiciary and Legislature Has Changed Corporate Law, 17 Wm. & Mary Bus. L. Rev. 755 (2026), https://scholarship.law.wm.edu/wmblr/vol17/iss3/6Included in
Business Organizations Law Commons, Courts Commons, State and Local Government Law Commons