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The Death of Corporate Law

https://doi.org/10.2139/ssrn.3171023
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18/18 checkable references clean · checked 2026-08-28

Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.

44 without a DOI — not checked. A reference deposited without a DOI is never matched by title or guessed at; it stays outside the checked set, and this line discloses that.

The 18 checked references that resolve
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Abnormal Plant Growth
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V. Federal Reserve Relations with the Government in the Thirties
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Institutional investors indicators
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Stock Market React to Foreign Investment: The Effects of Investment Purpose, Stock Market Characteristics, and Business Group Affiliation
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Maltby, Colin Charles, (born 8 Feb. 1951), Chairman: Blackrock Absolute Return Strategies Ltd, 2008–14; HarbourVest Senior Loans Europe Ltd, 2010–14
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Prudential Regulation
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Power of a Corporation to Acquire Stock of Another Corporation
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STRATEGIC ASSET ALLOCATION AND PORTFOLIO CONSTRUCTION
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Hidden power of the Big Three? Passive index funds, re-concentration of corporate ownership, and new financial risk
resolves10.2470/rflr.v9.n2.1
Investment Professionals and Fiduciary Duties
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The deal decade: What takeovers and leveraged buyouts mean for corporate governance
resolves10.2307/1104540
Supreme Court of Appeals of Virginia. Saville, Clerk of Chancery Court v. Virginia Ry. & Power Co. Jan. 16, 1913. [76 S. E. 954.]
resolves10.2307/1113958
Paternity Proceedings in New York
resolves10.1093/ww/9780199540884.013.u257614
Hodson, Simon James, (born 9 May 1956), Partner, DAC Beachcroft LLP
resolves10.1016/s0026-0576(00)83169-4
Cornerstone Systems Inc.
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Providing places for structures of feeling and hierarchical complementarity in urban theory: Re-reading Williams’ <i>The Country and the City</i>
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Corporations: Charter Amendments: Delaware Dilemma
The 44 references without a DOI — listed, not checked
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no DOI — not checkedExecutive Compensation as an Agency Problem, 17
no DOI — not checkedExecutive Compensation: Where We Are, and How We Got There, in 2 HANDBOOK OF THE ECONOMICS OF FINANCE 211
no DOI — not checkedStock Ownership Patterns, Stock Market Fluctuations, and Consumption
no DOI — not checked) (listing the market capitalization of listed domestic companies for multiple countries over variable spans of time)
no DOI — not checkedref11
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no DOI — not checkedAs of September 2018, the total market capitalization of the S&P 500 companies was $25.8 trillion. S&P 500 Historical Total Market Cap & Float Adjusted Cap
no DOI — not checkedref16
no DOI — not checkedstating that three specific mutual funds dominate other mutual funds in terms of the size of assets under management)
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no DOI — not checkedIt is noteworthy that there were similar developments in the United Kingdom. See OFFICE FOR NAT'L STATISTICS
no DOI — not checkedref24
no DOI — not checkedref26
no DOI — not checkedIn another telling example, institutional investors currently hold 74.6% of Microsoft. See Microsoft Corporation (MSFT): Major Holders, YAHOO! FIN
no DOI — not checkedref29
no DOI — not checkedprohibiting the "exercise [of] voting authority with respect to client securities" by investment advisers without implementation of
no DOI — not checkedSimilarly, Dimension Fund Advisors, the eighth-largest mutual fund in the United States, recently threatened to vote against directors who approved frowned-upon (by Dimension Fund Advisors, that is) governance mechanisms without the approval of shareholders, not only at the specific company that implemented the mechanism but at all boards upon which a given director sits
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no DOI — not checkedT]he small, expert, and nondiverse Delaware judiciary reduces agency costs in two ways. First, Delaware has only one trial court with jurisdiction to hear corporate cases, the Court of Chancery
no DOI — not checkedAs a court of equity, the Chancery Court has no juries. This assures that the court resolves factual issues quickly, even in situations in which trials need to be held, and without the risk of making errors that may result from having a lay jury
no DOI — not checkedref47
no DOI — not checkedBlack excludes from his calculation the increased costs that firms bear over their lifetime from a move, such as increased listing, tax, and attorney's fees."), and Romano, Law as a Product
no DOI — not checkedIn addition to the direct costs of reincorporation, path dependence is an additional cost that might limit incorporation and reincorporation in other states
no DOI — not checkedby the Section of Corporation Law of the Delaware State Bar Association, which tends to be led by local defense firms with more interest in preserving incorporations in-state than in a large volume of litigation. See Bo Becker, Daniel Bergstresser & Guhan Subramanian, Does Shareholder Proxy Access Improve Firm Value? Evidence from the Business Roundtable's Challenge, 56
no DOI — not checkedref52
no DOI — not checkedto create value-enhancing law, the plaintiffs' bar has a very different and very powerful goal: maximizing attorneys' fees. Because attorneys' fees can be earned only to the extent that courts hold decisionmaking authority, one would expect a rational, selfinterested plaintiffs' bar to seek to maximize this judicial authority-even if the balance of principal, agent, and adjudicatory costs implies that the use of courts in a given situation is suboptimal. As long as enterprising plaintiffs' attorneys can find nominal shareholder plaintiffs-which history suggests is not particularly difficult-and the promise of fees remains, these attorneys will likely continue bringing litigation even when shareholders in the aggregate would be better off without it. For a clear view of this type of "entrepreneurial" litigation, see
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no DOI — not checkedIn re Cornerstone has left market participants responsible for disciplining independent directors who approve conflict transactions. See supra notes 123-24 and accompanying text (describing the practical effects of exempting directors from discipline by the courts)
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