Way back in the fall of 2007 I helped organize a program at the University of Illinois on the “Mystery of Delaware Law’s Success.” As discussed here, the conference featured an article by William Carney and George Shepherd suggesting that Delaware’s success was a mystery because its law was so indeterminate. Chancellor William Chandler, one of the leading "manufacturers" of Delaware law, responded with an article (co-written by Anthony Rickey) refuting Carney & Shepherd's disparaging comparison of Delaware and other corporate law. Bob Thompson and I provided comments. My contribution, The Uncorporation and Corporate Indeterminacy, blamed any problems on the corporation and offered the uncorporation as a solution. Bob Thompson said it’s all federal law anyway.
Now it's all been published by the University of Illinois Law Review. The published papers are here. It’s a significant contribution to corporate law, so you should read it!
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