Law Review at Washington University in St. Louis

Negative Activism

Barbara A. Bliss, Peter Molk and Frank Partnoy

Shareholder activism has become one of the most important and widely studied topics in law and finance. To date, popular and academic accounts have focused on what we call “positive activism,” where activists seek to profit from positive changes in…

Denialism and the Death Penalty

Jenny-Brooke Condon

The persistence of capital punishment as a constitutional form of punishment in the United States reflects deep denialism about the practice and the role of the courts in regulating it. Denialism allows judges to embrace empirically contested narratives about the…

Liquid Gold

Katrice Bridges Copeland

Property Law’s Search for a Public

Nadav Shoked

Public spaces—streets, sidewalks, parks, plazas, squares, and the like—form a major component of the physical environment. Therefore, disputes over the use and management of these spaces abound. Courts analyze each such dispute individually through the prism of the discrete property…

Returning Right-To-Farm Laws to Their Roots

Joseph Malanson

In 2014, some unlikely culprits—four chickens—generated negative headlines for then-Iowa Congressman Bruce Braley, who was in the midst of a close campaign for an open United States Senate seat. After neighbor Pauline Hampton’s chickens roamed onto the Braleys’ property, the…

Labeling the New Meats: Applying Preexisting Principles to the Regulation of Radical Products

Tate J. Salisbury

Over the course of the coming decade, the perception of what it means to be “meat” is going to radically change. Plant-based meat products have begun to mimic the taste and texture of meat so accurately that they are quickly…