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Delaware Chief Justice Leo Strine is of the view that America is in terrible shape. Specifically, he identifies deep problems in the fabric of American society, which include "growing income inequality, inflated executive pay, job losses, [and] wage stagnation." Having noted these problems, Strine lays a portion of the blame at the feet of activist hedge funds and the apparently misguided pension plans and university endowments that invest in such hedge funds. In this Essay, I articulate Strine's worldview and argue that while his Feature in this issue of the Yale Law journal is ostensibly about hedge fund activists, his real complaint is with modernity itself. Hedge funds are merely piling on. Accordingly, his proposed solutions, which focus largely on disclosure and reporting requirements, are misplaced in the current debate.
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