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Proponents of the Chicago School-the "free marketeers"--have influenced corporate law significantly. Their views on the appropriateness (or inappropriateness) of government intervention have had a great impact on the debate over corporate governance. Whereas commentators and policymakers previously asked what specific policies were best for shareholders, they now ask what "enabling statute" will give shareholders the most freedom to choose their own corporate structure. Using market-based economic analyses, the free marketeers have argued that in an efficient capital market a "race to the bottom"2 would not occur. The free marketeers argue that the market takes all public information into account in its valuation of securities and that therefore the capital markets will punish companies that try to take advantage of their investors. Judge Ralph Winter has written that incorporation-friendly laws would create

Shareholder Voting and the Chicago School: Now Is the Winter of Our Discontent