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Crossed Wires: Outdated Perceptions of Electronic Communications in the NLRB’s Purple Communications Decision

The National Labor Relations Board (the NLRB or the Board) has recently emphasized the need to adjust to the rapid pace of change in modern society.1 The recognition of employees’ right to use employer-owned email systems for protected activities in its December 2014 Purple Communications decision purported to establish a central pillar of this effort.2Continue reading “Crossed Wires: Outdated Perceptions of Electronic Communications in the NLRB’s Purple Communications Decision”

Constitutional Concerns in Section 8 Housing: Transfer Voucher Terminations and the Impact on Participant Families

Currently, there is a procedural due process void in the existing Section 8 housing regulations, which is having immediate, harmful effects on program participants. When a Section 8 Housing Assistance Program participant wishes to move, he receives a transfer voucher from the local Public Housing Agency (PHA). The PHA then has the discretion to chooseContinue reading “Constitutional Concerns in Section 8 Housing: Transfer Voucher Terminations and the Impact on Participant Families”

Averting Educational Crisis: Funding Cuts, Teacher Shortages, and the Dwindling Commitment to Public Education

Recent data shows that two-thirds of states are funding education at lower levels than in 2008. Some states are 20% or more below levels of just a few years earlier. The effect on schools has been devastating. States are only exacerbating the problem by reducing teachers’ rights and benefits. These attacks, combined with funding decreases,Continue reading “Averting Educational Crisis: Funding Cuts, Teacher Shortages, and the Dwindling Commitment to Public Education”

Testing Tarnishment in Trademark and Copyright Law: The Effect of Pornographic Versions of Protected Marks and Works

Federal and state law both provide a cause of action against inappropriate and unauthorized uses that “tarnish” a trademark. Copyright owners also articulate fears of tarnishing uses of their works in their arguments against fair use and for copyright term extension. The validity of these concerns rests on an empirically testable hypothesis about how consumersContinue reading “Testing Tarnishment in Trademark and Copyright Law: The Effect of Pornographic Versions of Protected Marks and Works”

Activist Hedge Funds and the Corporation

The long-term effects of hedge fund activism are controversial. Some empirical studies document that activism is associated with increased long-term firm value, suggesting that activists can better discipline management. Other studies, however, challenge these results, arguing that the incorporation of possible selection effects exposes activism as detrimental to long-term firm value. This Article contributes toContinue reading “Activist Hedge Funds and the Corporation”