The announcement that the Delaware bar is proposing legislation banning fee shifting bylaws raises a conundrum. Do I try to do a quick and dirty piece that could get rushed into an online review before the legislative session ends in June? Or a more considered critique of the bill (assuming it passes) for publication in a traditional law review in the fall?
Quick and dirty would likely mean basically refurbishing blog posts--i.e., SPLAT. Personally, I have no problem with SPLAT. To the contrary, in this sort of setting, I think it makes sense. (See this post) But some law reviews (yes, I'm looking at you Stanford) get all moralistic about it.
Anyway. Thoughts would be welcome.
BTW, here are the posts I'd be splatting:
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Nov 18, 2014 ... (2) What's in the best interest of the key interest group that would be affected by fee shifting bylaws? As we'll see, I think those questions have ...
www.professorbainbridge.com/.../delawares-decision-viewing-fee-shifting- bylaws-through-a-public-choice-lens.html
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Nov 17, 2014 ... I had been planning on writing a law review article on fee shifting bylaws, but I suspect that events will overtake the inevitably lengthy ...
www.professorbainbridge.com/.../the-case-for-allowing-fee-shifting-bylaws- as-a-privately-ordered-solution-to-the-shareholder-litigat.html
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