Two weeks ago, Delaware enacted a series of amendments to its corporation law, as it does every summer.
Unlike every other summer, two weeks after the amendments went into effect, those who watch the Court of Chancery closely are still offering public critique. But alongside that discussion, a secondary debate has broken out about when judges on the Court of Chancery, with its signature decorum, should and should not weigh in on laws they will later apply to Delaware’s corporate franchise.
