The Harvard Law School Forum on Corporate Governance and Financial Regulation » Is Delaware’s Antitakeover Statute Unconstitutional?

The Harvard Law School Forum on Corporate Governance and Financial Regulation » Is Delaware’s Antitakeover Statute Unconstitutional?:

"...no bidder in the past nineteen years has been able to achieve 85% in a hostile tender offer against a Delaware target. "

Which implies that it is possible that the super-majority provisions are in fact unconstitutional since the courts at the time (1988) said that the takeover laws must allow bidders a fighting chance (ok, in their words "'a meaningful opportunity for success."'