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The Idea of Private Law, supra, at 150 n.9 (noting that “even the modest role the English approach assigns to Learned Hand’s B may be excessive
strategies used by activist investors); Third Point LLC v. Ruprecht, C.A. No. 9469, 2014 WL 1922029, at *9-14 (Del. Ch. May 2, 2014) (detailing activist
against Uber. See O’Connor v. Uber Technologies, Inc., No. 15-cv-00262-EMC, 2019 WL 1427101, at 9 (N.D. Cal. Mar. 29, 2019). The parties in O’Connor had
note 9, at 122, 172-97; see John B. Gilmour & David E. Lewis, Political Appointees and the Competence of Federal Program Management, 34 AM. POL. RES
postsecondary degrees, compared to 37.9% of Black women). See Women in the Workplace 2018, McKinsey & Co. 9 (2019), https://womenintheworkplace .com/Women in the
108 THE YALE LAW JOURNAL FORUM N O V E M B E R 6 , 2 0 1 9 An Intersectional Critique of Tiers of Scrutiny: Beyond “Either/Or
291. See Erwin Chemerinsky & Catherine Fisk, The Expressive Interest of Associations, 9 Wm. & Mary Bill Rts. J. 595, 595-96 (2001) (“Enforcing
ability of the more vul- nerable members of society to accumulate retirement wealth.8 i . how vesting schedules and forfeitures work 9 Employees, as
able members of society to accumulate retirement wealth.8 i . how vesting schedules and forfeitures work 9 Employees, as participants in a
U.S. at 617-18; Lopez, 514 U.S. at 567-68. 9. 18 U.S.C. § 922(q) (2000). 10. See Brannon P. Denning & Glenn H. Reynolds, Rulings and Resistance: The