The State of Delaware has long been known to be the home to many large corporations both private and public. Justice Steele, Chief Justice of the Delaware Supreme Court, has reiterated the prominent reason why many corporations choose Delaware as the state of their incorporation is the presence of highly knowledgeable judges within the business law realm, as well as the predictability of its judicial system.1 Therefore, it is no surprise that 51% of all public companies and 61% of Fortune 500 companies are incorporated in Delaware.2 Nonetheless, the predictability of Delaware’s judicial system may slowly be on the path to its demise…

More In Volume 6 - Issues 1 & 2
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Intellectual Property, the Free Movement of Goods and Trade Restraint in the European Union | Author: Jared Tudor
The European Union (“EU”) is the most significant trade partner of the United States. Trading…
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The Delaware Arbitration Experiment: Not Just a “Secret Court” | Author: Jessica Tyndall
Delaware has long been at the “cutting-edge” in resolving commercial disputes and providing contemporary statutory…
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In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program | Author: Thomas J. Stipanowich
Recently, a minor tempest has been raging over the Delaware Arbitration Program, which attempts to…
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Unfinished Business: Dodd-Frank’s Whistleblower Anti-Retaliation Protections Fall Short for Private Companies and Their Employees | Author: Chelsea Hunt Overhuls
The Sarbanes-Oxley Act of 2002 (“SOX”) revolutionized the world of securities law whistleblowing. It encouraged…
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Following an International Copyright Regime at a Large National Cost: Is It Worth It? | Author: Vaishali Khatri
The main question at issue is which view of copyright law the United States should…
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Facebook is Not Your Friend: Protecting a Private Employee’s Expectation of Privacy in Social Networking Content in the Twenty-First Century Workplace | Author: Cara Magatelli
This Comment explores the implications SNS postings have on private employers concerning the off-duty, non-work…
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Lessons from AT&T’s Flop: How to Grow in the Technology Industry While Avoiding Section 7 Antitrust Obstacles | Author: John Soma
In March of 2011, AT&T announced that it would buy T-Mobile USA. In August of…
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Modifying RAND Commitments to Better Price Patents in the Standards Setting Context | Author: Kyle Rozema
This Article addresses a single problem: how can we allow engineers and scientists from different…
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LIBOR: Everything You Ever Wanted to Know But Were Afraid to Ask | Authors: Michael R. Koblenz, Kenneth M. Labbate, and Carrie C. Turner
Since the LIBOR rigging scandal broke into the public consciousness in mid- 2012, every day’s…