BUSINESS JUDGMENT RULE W PRAWIE STANU DELAWARE DETERMINANTEM BEZPIECZEŃSTWA NARODOWEGO STANÓW ZJEDNOCZONYCH
THE BUSINESS JUDGMENT RULE IN DELAWARE LAW IS A DETERMINANT OF NATIONAL SECURITY FOR THE UNITED STATES

Summary/Abstract: Objectives: The essence of the Business Judgment Rule (BJR) in Delaware law goes beyond protecting managers and influences the innovative dynamics of the American economy, and is also a crucial element of the United States' national security architecture because it enables radically risky business decisions. Material and methods: This article uses a dogmatic legal approach to explain the essence of the BJR within the context of Delaware law and case law, and a comparative approach to compare the BJR with federal law. The analysis encompasses scholarly literature in law, economics, management, and political science, as well as US documents related to innovation, artificial intelligence, and national security. Results: The BJR protects managerial discretion, which increases risk acceptance and promotes the implementation of long-term strategies and short-term profit maximization. This principle has contributed to Delaware becoming a corporate center for the United States, enabling the private sector to pursue groundbreaking projects, such as those in the field of artificial intelligence. The study also demonstrates that the BJR fosters a complementary relationship between innovation and national security, as dual-use technologies strengthen both the US economy and military capabilities. Conclusions: A review of federal strategies and adopted legislation from 2018-2023 indicates that the US government bases its policies on cooperation between the public and private sectors, with the BJR acting as a safeguard for private innovators. Consequently, it is reasonable to argue that the BJR is not only a corporate law norm but also a determinant of maintaining the United States' global technological and strategic advantage.

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