Article

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 the share prices of targeted firms. In this Article, we undertake the first comprehensive study of positive activism’s mirror image, which we term “negative activism.” Whereas positive activists focus on…
Article

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 death penalty within judicial decisions, to sanction execution methods that shield and distort the pain associated with state killing, and to ignore the documented influence of race on the death…
Article

Liquid Gold

Katrice Bridges Copeland
Article

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 law doctrine that appears applicable. The result is a hodgepodge of inconsistent rulings that too often ignore the common normative principles implicated in all debates over public spaces. This Article…
Note

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 Braleys filed a formal complaint with the neighborhood homeowners association and allegedly threatened to sue. If the Braleys had done so, questions of the scale of Hampton’s operation, how long…
Note

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 becoming an acceptable alternative to traditional meat. In the near future, in vitro meat (or so-called “lab-grown” meat) will be an indistinguishable alternative to meat harvested from animals. These products…