First Principles for Forum Provisions
Update: 2019-10-30
Description
In this episode, Head de•novo Editor Zachary Silver sits down with Dan Listwa and Brad Polivka to discuss their Essay, First Principles for Forum Provisions, published in de•novo in September 2019. They spoke about how the Delaware Court of Chancery's recent decision in Sciabacucchi v. Salzberg erroneously relied on a state's territoriality to invalidate federal forum-selection provisions in corporate charters, the history of choice of law, and how a decision truly grounded in first principles would have employed a more nuanced approach dating back to the early Republic: comity.
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