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Whose Rules Should Govern Takeovers: Delaware's, the ALI's, or Martin Lipton's?

Abstract

The pace of takeover activity has abated, but debate continues concerning what rules should govern contests for corporate control. Professor Weiss takes advantage of the current hiatus to review and place in perspective the many important takeover-related decisions handed down since 1980, and to compare the rules Delaware's courts have developed with proposals to regulate takeovers that the American Law Institute and Martin Lipton recently have advanced. He concludes that both the ALI's and Mr. Lipton's proposals are inconsistent with and inferior to Delaware law.

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33 Ariz. L. Rev. 761 (1991)

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Authors

Elliott J. Weiss (University of Arizona and Yeshiva University)

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