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Jonathan Macey i . introduction 1 2 3 4 Their Bark Is Bigger Than Their Bite 5 6 7 the yale law journal forum i i . the good old days 8 9 10 11
April 26, 2017 i . the problem of short-termism 7 8 9 10 11 hedge fund activism, short-termism, and a new paradigm of corporate governance 12
already be five votes to take such a potentially momentous—and troubling—step. Consider Ex parte Young.9 Although scholars continue to debate the
authoritative judicial determination of the merits of their legal claim” in actions against CMS under the APA.9 Furthermore, the majority suggested
United States v. Leon, 468 U.S. 897, 907 (1998)). 9. United States v. Leon, 468 U.S. 897, 907 (1984) (“An objectionable collateral conse- quence of [the
’ worth of business on Indian lands. Indian energy revenue disbursements from the 1. Compare The Federal Arbitration Act, 9 U.S.C. §§ 1-16 (2012
of this aspect of privacy law was the publication in 1890 of The Right to Privacy by Samuel Warren and Louis Brandeis.9 Over the course of the
convention adopted in this Comment.9 System 1 processes tend to be automatic, effortless, associative, rapid, and opaque; System 2 processes are
9647, Inter-Am. Comm’n H.R., Report No. 3/87, OEA/Ser.L./V/II.71, doc. 9 rev. 1 ¶ 54 (1987). 161. INT’L LAW ASS’N, supra note 5, § 15, at 27. The
of this argument. See Am. Mining Cong. v. Mine Safety & Health Admin., 995 F.2d 1106, 1111 (D.C. Cir. 1993). 8. 533 U.S. 218 (2001). 9. See