First Principles for Forum Provisions

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Pod Curiam

Education


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.