State Takeover Legislation and the Commerce Clause: The "Foreign" Corporations Problem, 36 Cleveland State Law Review 355 (1988)
That a corporation should be "incorporated" in, or "chartered" by, a particular state is a peculiar and vexing circumstance. It is by no means immutable. A federal corporations code has been mooted about, multi-state-chartered corporations occasionally appear, and murmurs of doing away with the entire concept of "chartering" a corporation have been heard from time to time. But state incorporation is the ruling corporate form, and the problem it creates is a serious and thorny one: the problem, that is, of regulating "foreign" corporations. How far may one state go in regulating another state's corporations?
Date of Authorship for this Version
Rubenfeld, Jed, "State Takeover Legislation and the Commerce Clause: The "Foreign" Corporations Problem" (1988). Faculty Scholarship Series. 4175.