The role of the hostile activist shareholder has been taken up by a set of hedge funds. Hedge fund activism is characterized by mergers and corporate restructuring, replacement of management and board members, proxy voting, and lobbying of management. These investors target and research...

When corporations inflict injuries in the course of business, shareholders wielding ESG principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability comes out of its historic collectivized frame to become an internal subject...

This chapter reviews the single high profile case in which twentieth century antitakeover law has come to bear on management defense against a twenty-first century activist challenge — the Delaware Court of Chancery's decision to sustain a low-threshold poison pill deployed against an activist...

Many look toward enactment of the law reform agenda held out by proponents of shareholder empowerment as a part of the regulatory response to the financial crisis. This Article argues that the financial crisis exposes major weaknesses in the shareholder case. Our claim is that shareholder...