A Cooperative Federalism Approach to Shareholder Arbitration
128 Yale Law Journal Forum 169 (2018). Arbitration dominates private law across an ever-expanding range of fields. Its latest target, however, may not be a new field as much as a new form: mandatory arbitration provisions built into corporate charters and bylaws. Recent developments in corporate law coupled with signals from the Securities and Exchange Commission suggest that regulators may be newly receptive to shareholder arbitration. What they do next may have dramatic consequences for whether and how corporate and securities laws are enforced. The debate about the merits of arbitration is well worn, but its application to shareholder claims opens the door to a different set of responses. In particular, the overlapping authority of federal and state actors with respect to corporate law calls for approaches that sound in cooperative federalism. Yet cooperative-federalist approaches have been absent from recent debates about shareholder arbitration. This Essay explains why cooperative federalism is a natural fit for addressing these issues. Moreover, we marshal specific examples of cooperative solutions in this area that could help frame federal-state coordination going forward. Such a cooperative response would avoid unnecessary federal-state conflict and allow policymakers to approach shareholder arbitration with expertise, accountability, and mutual respect.
Authors

Are you an author of this paper? Check the Twitter handle we have for you is correct.

Zachary D. Clopton (add twitter)
Verity Winship (edit)
Cornell Law Library (edit)
Category

Law

Subcategories
Ask The Authors

Ask the authors of this paper a question or leave a comment.

Read it. Rate it.
#1. Which part of the paper did you read?

#2. The paper contains new data or analyses that is openly accessible?
#3. The conclusion is supported by the data and analyses?
#4. The conclusion is of scientific interest?
#5. The result is likely to lead to future research?

Github
User:
None (add)
Repo:
None (add)
Stargazers:
0
Forks:
0
Open Issues:
0
Network:
0
Subscribers:
0
Language:
None
Youtube
Link:
None (add)
Views:
0
Likes:
0
Dislikes:
0
Favorites:
0
Comments:
0
Other
Sample Sizes (N=):
Inserted:
Words Total:
Words Unique:
Source:
Abstract:
None
10/19/18 05:30PM
6,727
2,461
Tweets
Nobody has tweeted about this paper.
Images
Related