Mercatus Working Paper

Separation and the Function of Corporation Law

December, 2004

Ronald Gilson [1]

 Legal scholars grapple with a tension between the potential for courts to alleviate the distributional inequities that result from individuals contracting under the burden of cognitive bias and the reality that courts are unlikely to be very good at realizing that potential. Reading the cases with this tension in mind might provide some guidance about where the balance actually comes out.


Source URL:https://www.mercatus.org/publications/regulation/separation-and-function-corporation-law

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[1] https://www.mercatus.org/external-people/ronald-gilson

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