Mostly, the statutes that govern Delaware's system of corporate law openly delegate decision-making authority to company directors.

ECONOMIST: Will Leo Strine re-engineer takeover law in America?

In fact, Congress's priority in both cases has been to avoid making the politically tough decision of who should and who should not be protected by discrimination statutes, which explains both the loose wording of the original laws and the reluctance of Congress to intervene with more specific legislation later.

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