Activist Hedge Funds and the Corporation

Martijn Cremers, Saura Masconale and Simone M. Sepe
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 to this ongoing debate, producing novel empirical evidence on the relationship between activist campaigns, the financial…

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

Wen Bu, Christopher Buccafusco and Paul J. Heald
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 consumers respond to inappropriate unauthorized uses of works. In particular, the tarnishment hypothesis assumes that consumers…

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

Derek W. Black
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, have scared many prospective teachers away from the profession. The net result is an extreme…

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

Amanda R. Engel
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 choose not to extend the term of this transfer voucher, effectively terminating the family’s participation in…

Crossed Wires: Outdated Perceptions of Electronic Communications in the NLRB’s Purple Communications Decision

Harrison C. Kuntz
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.2 Purple Communications reversed the NLRB’s 2007 Register Guard holding that employees do not have the…