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Article
87.5
The First Amendment’s Real Lochner Problem
Genevieve Lakier
Assistant Professor of Law and Herbert and Marjorie Fried Teaching Scholar, The University of Chicago Law School

Thanks to Monica Bell, Rabia Belt, Amy J. Cohen, Andrew Crespo, Aziz Huq, Elizabeth Kamali, Michael Kang, Andy Koppelman, Anna Lvovsky, Richard McAdams, Robert Post, John Rappaport, Daphna Renan, Geoffrey Stone, Nelson Tebbe, and participants at the University of Virginia and Northwestern University Law School Public Law Workshops, the University of Chicago and Vanderbilt Law School Work-in-Progress Workshops, and the Freedom of Expression Scholars Conference for thoughtful feedback, and to Graham Haviland and Elisabeth Mayer for excellent research assistance.Thanks to Monica Bell, Rabia Belt, Amy J. Cohen, Andrew Crespo, Aziz Huq, Elizabeth Kamali, Michael Kang, Andy Koppelman, Anna Lvovsky, Richard McAdams, Robert Post, John Rappaport, Daphna Renan, Geoffrey Stone, Nelson Tebbe, and participants at the University of Virginia and Northwestern University Law School Public Law Workshops, the University of Chicago and Vanderbilt Law School Work-in-Progress Workshops, and the Freedom of Expression Scholars Conference for thoughtful feedback, and to Graham Haviland and Elisabeth Mayer for excellent research assistance.

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A Mission Statement for Mutual Funds in Shareholder Litigation
Sean J. Griffith
T.J. Maloney Chair and Professor of Law, Fordham Law School.
Dorothy S. Lund
Assistant Professor of Law, University of Southern California, Gould School of Law.

Thanks to Alon Brav, William Birdthistle, Erik Gerding, Dan Klerman, RobertRasmussen, Michael Simkovic, Leo Strine Jr, and David Webber for thoughtful comments and input. This draft has benefited from comments received at the Boston University Law Review Symposium, the Corporate and Securities Litigation Workshop, the National Business Law Scholars Conference, the Southern California Business Law Workshop, and from workshops at Harvard Law School, the University of Minnesota Law School, the University of Southern California Gould School of Law, and Vanderbilt Law School. We are also grateful for conversations with plaintiffs’ attorneys and mutual fund representatives who wish to remain anonymous. Finally, thanks to Taylor Apodaca, Benjamin Bloodstein, Matthew Schob, Kevin Sette, and Dmytro Usyk for superlative research assistance. The viewpoints and any errors expressed herein are the authors’ alone.