Staying in the Delaware Corporate Governance Lane: Fee Shifting Bylaws and a Legislative Reaffirmation of the Rules of the Road

The Delaware legislature has taken steps towards the adoption of amendments to the Delaware General Corporation Law (DGCL) that would prohibit fee shifting provisions in the articles and bylaws. The language in the legislative proposal, however, addresses fee shifting provisions only in the context of "internal corporate claims." Some have raised concerns that this language would allow for fee shifting provisions that applied to other types of actions, including at least some cases brought under the securities laws. This piece suggests that in fact the Delaware General Corporation Law already prohibits the adoption of bylaws and certificate provisions that apply to causes of action unrelated to internal corporate claims. As a result, there was no reason for the Delaware legislature to expressly bar fee shifting provisions in these types of actions.

Conceptual Decolonization of Space: Worldview and Language in Anishinaabe Akiing

This dissertation examines the role of worldview and language in the cultural framework of American Indian people. In it I develop a theory of worldview which can be defined as an interrelated set of logics that orients a culture to space (land), time, the rest of life, and provides a prescription for understanding that life. Considering the strong links between language and worldview, it is methodologically necessary to focus on a particular language and culture to decolonize concepts of and relationships to land. In particular, this dissertation focuses on an Anishinaabe worldview as consisting of four components, which are; (1) an intimate relationship to a localized space; (2) a cyclical understanding of time; (3) living in a web of relatedness with all life, and (4) understanding the world around us in terms of balance. The methodological approach draws from Anishinaabemowin, the traditional Anishinaabe language, as a starting place for negotiating a linguistic-conceptual analysis of these logics to decolonize the understandings of land, time, relatedness and balance. This dissertation helps to demonstrate that the religious language as codified in the 1st Amendment to the United States Constitution as religious freedom is unable to carry the meaning of the fundamental relationships to land that are embedded in Anishinaabemowin and culture. I compare the above Anishinaabe worldview to that of the eurowestern culture in America, which is; (1) the domination of space; (2) a linear progression of time; (3) a hierarchical organization of life; and (4) understanding the world as a Manichean battle of good versus evil. This dissertation seeks to decolonize American Indian translational methodologies and undermine the assumptions of eurowestern cultural universality.