No. 5

This Note examines the claim that judges have improperly granted summary judgment where a reasonable jury could find for the non-moving party. It begins by reviewing the literature on summary judgment, particularly three opinions the Supreme Court issued in 1986, as well as claims about the propriety of summary judgment in fact- intensive civil rights cases. To test...

THE LONG-TERM EFFECTS OF HEDGE FUND ACTIVISM

Lucian A. Bebchuk,* Alon Brav,** and Wei Jiang***

We test the empirical validity of a claim that has been playing a central role in debates on corporate governance—the claim that interventions by activist hedge funds have a detrimental effect on the long-term interests of companies and their shareholders. We subject this claim to a comprehensive empirical investigation, examining a long five-year window following...

8 U.S.C. § 1324 prohibits, among other activities, harboring aliens who enter the United States without authorization. In the more than six decades since the law was passed, federal courts’ understandings of what “harboring” means have varied. This Note argues that recent decisions in the Second and Seventh Circuits, both of which narrow the scope of liability...

The project of creating a Banking Union is designed to overcome the fatal link between sovereigns and their banks in the Eurozone. As part of this project, political agreement for a common supervision framework and a common resolution scheme has been reached with difficulty. However, the resolution framework is weak, underfunded and exhibits some serious flaws. Further,...

In popular, scholarly, and legal discourse, psychological trauma is an experience that belongs to victims. While we expect victims of crimes to suffer trauma, we never ask whether perpetrators likewise experience those same crimes as trauma. Indeed, if we consider trauma in the perpetration of a crime at all, it is usually to inquire whether a terrible experience earlier...