CTS: Returning Limited Regulation of Tender Offers to the State

Date

1988

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Examines the constitutionality of state takeover statutes and the limitations that remain on such statutes in the wake of the Supreme Court’s decision in CTS Corp v. Dynamics Corp. of America, particularly with respect to “tender offers” (defined as an invitation made publicly to all corporate shareholders to sell their shares at a specified price). The author concludes that the failure of states to enact “anti-takeover laws” will result in corporations domiciled in those states to relocate to more accommodating legal climes.

Description

Keywords

Corporate law, Securities law, Interstate commerce, Commerce clause, State police power, Anti-takeover statutes, Tender offer

Citation

19 Tex. Tech L. Rev. 1453