December, 2004

Separation and the Function of Corporation Law

  • Ronald Gilson

Key materials
Contact us
To speak with a scholar or learn more on this topic, visit our contact page.

 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.