November 28, 2011 14:06 Age: 2 yrs

Emory Law Research on Delaware Incorporation Among Most Downloaded

A paper by three Emory Law professors that argues Delaware’s continued domination in attracting business incorporations is no longer warranted has made its way into the top 10 most downloaded corporate law papers on the Social Science Research Network, an international site for early distribution of research results.

“Lawyers, Ignorance, and the Dominance of Delaware Corporate Law,” written by Charles Howard Candler Professor of Law William J. Carney, Professor George B. Shepherd and Associate Professor Joanna Shepherd Bailey, was published on the SSRN site Oct. 26, in Law: Corporate Governance Law eJournal and Law & Society: The Legal Profession eJournal.

“Delaware has long been the dominant state for attracting business incorporations,” the paper’s introduction reads. “In the past, companies often chose Delaware because of its excellent, clear corporate law, and expert courts. However, our recent paper showed in detail that Delaware corporate law and its courts’ decisions interpreting it have substantially declined in quality over recent decades.”

The paper was previously published in Emory Law’s Law and Economics Research Paper Series and Public Law and Legal Theory Research Paper Series. Publication in the Harvard Business Law Review is forthcoming.

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