Pod Curiam
Pod Curiam
Cardozo Law Review
First Principles for Forum Provisions
22 minutes Posted Oct 30, 2019 at 8:30 pm.
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Show notes

In this episode, Head ​de•novo Editor Zachary Silver sits down with Dan Listwa and Brad Polivka to discuss their Essay, First Principles for Forum Provisions, published in ​de•novo in September 2019. They spoke about how the Delaware Court of Chancery's recent decision in Sciabacucchi v. Salzberg erroneously relied on a state's territoriality to invalidate federal forum-selection provisions in corporate charters, the history of choice of law, and how a decision truly grounded in first principles would have employed a more nuanced approach dating back to the early Republic: comity.