New blog post: Courts are not omniscient and/or sacrosanct. Not even Delaware courts. The law governing conflicted controller transactions needs a legislative fix.
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I take the point to be that Delaware's actual special sauce is judge made standards, subject to reversal within the system and across time, and departure from that long-settled idea is something to really think thrice about.
And I take the point being made by some of SB 21's opponents is to elevate the Delaware judiciary to a pantheon of Platonic guardians whose ruling should sacrosanct and thus immune from review by the pleb's elected representatives.
It's really hard to evaluate all these empirical claims -- some are confounded by secular trends (increase in controllers, decrease in appraisal claims, increase in LLCs, etc.)
The only thing for sure I agree with is that the Tornetta and Twitter made Elon mad.
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The only thing for sure I agree with is that the Tornetta and Twitter made Elon mad.