Law Review Articles, the Delaware Courts, and Some "Guidance" on Bylaws (Part 4)

We are discussing the article written by Justice Ridgely from the Delaware Supreme Court. See The Emerging Role of Bylaws in Corporate Governance. The article examines bylaws, including forum selection, fee shifting, and mandatory arbitration bylaws.   

So where does this end up?

The article was critical of those bylaws that reduced the role of the Delaware courts (fee shifting and mandatory arbitration) but positive with respect to the bylaws that enhanced their role (forum selection bylaws). The article is consistent with a view that would maximize the role of the Delaware courts in the corporate governance process.

While reflecting only the position of Justice Ridgely ("Before I begin, I need to say that the views I give you are my own and do not necessarily reflect the views of my colleagues or the Delaware Supreme Court."), one suspects the full court would fully agree with his views.