Recent Articles

Litigating Opioid Addiction as Organized Crime: An Analysis of Proximate Cause and Pharmaceutical Misrepresentation Under RICO

Shannon Porterfield, 11 Wake Forest L. Rev. Online 93
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Litigating Opioid Addiction as Organized Crime: An Analysis of Proximate Cause and Pharmaceutical Misrepresentation Under RICO

WILL THE SUPREME COURT RECOVER ITS OWN FUMBLE? HOW ALSTON CAN REPAIR THE DAMAGE RESULTING FROM NCAA’S SPORTS LEAGUE EXEMPTION

Alan J. Meese, 11 Wake Forest L. Rev. 70 (2021)
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WILL THE SUPREME COURT RECOVER ITS OWN FUMBLE? HOW ALSTON CAN REPAIR THE DAMAGE RESULTING FROM NCAA’S SPORTS LEAGUE EXEMPTION
What Both Hart and Fuller Got Wrong

Oren Gross, 11 Wake Forest L. Rev. Online 54 (2021)
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What Both Hart and Fuller Got Wrong

21Sep

Community Caretaking Function: A Doctrinal Overview

Categories: Current Issues Blog

By: Nick Christopherson On August 30, 2019, twenty-three year old Elijah McClain died[1] from injuries sustained during a police welfare check.[2] On the night of the encounter, police responded to a report of a man (McClain) who “look[ed] sketchy,” and after perceiving McClain to be resisting arrest, the officers quickly initiated a takedown.[3] An independent […]

Tags: community caretaking Criminal Law Fourth Amendment Police welfare checks

16Sep

SPAC ATTACK: The Boom (and Bust?) of the Capital Vehicle Du Jour

Categories: Current Issues Blog

By Michael J. Riedl Shaquille O’Neal. Patrick Mahomes. Serena Williams. Alex Rodriguez. No, this is not a reading of the guest list at the 2021 ESPY Awards,[1] but rather a list of athletes on the management or advisory boards of various Special Purpose Acquisition Companies (“SPACs”).[2] SPACs, far from a novel financial vehicle,[3] grew […]

Tags: Business Law Investment Company Act of 1940 Securities Exchange Commission

28May

What Both Hart and Fuller Got Wrong

Categories: Online

Oren Gross* 11 Wake Forest L. Rev. Online 54 I. Introduction The debate between H.L.A. Hart and Lon Fuller, waged in 1958 over eighty pages of the Harvard Law Review, is one of the best known and most important jurisprudential debates of our time[1] Pitting the leading proponent of legal positivism against one of the […]

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27May

Niz-Chavez v. Garland: Pereira Groundhog Day

Categories: Current Issues Blog Uncategorized

By: Ashley Oldfield (Wake Forest School of Law alumnus) In Niz-Chavez v. Garland,[1] the Supreme Court of the United States addressed, for the second time, what constitutes a notice to appear under 8 U.S.C. § 1229(a)(1).[2] In doing so, the Court may have also resurrected challenges to an immigration court’s jurisdiction which first arose following […]

Tags: Immigration immigration law Supreme Court

6Apr

Second Chance at the Second Amendment: N.C. Senate Bill 562 Expands Opportunity for Firearm Ownership

Categories: Current Issues Blog

By: Charlie Ellis Forgiveness seems to be an obsolete virtue in modern American society. With the rise of cancel-culture on social media[1] and a country with polarization metrics higher than any point in the last twenty years,[2] “forgiveness” and “civility” are merely buzzwords for two sides who only wish to point out flaws in their […]

Tags: expungement Lawful concealed carry North Carolina Second Amendment

1Apr

The Gullah/Geechee Struggle to Preserve Ancestral Lands: Why Heirs’ Property Ownership Is Displacing Local Communities Along the Southeastern Shores

Categories: Current Issues Blog

By Belén Wilson The United States southeastern coast is known for its beautiful barrier islands and unique marshlands. Though some of these islands have been preserved, many are now home to luxury resorts, hotels, and even modern retirement communities.[1] While boom in development brings tourism to the islands, it comes at a painful cost to […]

Tags: heirs' property partition Property Real Property UPHPA

31Mar

The Inner Logic of Bostock

Categories: Online

Doron M. Kalir* 11 Wake Forest L. Rev. Online 42 In the short time since its release, Bostock v. Clayton County[1] has well-earned its self-praise as “simple and momentous.”[2] The opinion, which holds that Title VII of the Civil Rights Act of 1964 applies to homosexuals and transgender persons in the workplace, instructs employers nationwide […]

Tags: Bostock Gay Rights Gorsuch LGBTQ Logic Model Supreme Court Trans Rights

30Mar

Chanel, Inc. v. The RealReal, Inc.: The Firsthand Problems of the Secondhand Market

Categories: Current Issues Blog

By: Carson Easterling The developing nature of the modern fashion industry, including the recent emphasis on sustainable fashion, has created a need for new legal issues to be addressed. As awareness of the waste and environmental harm caused by the fashion industry has come under fire in recent years, many consumers have turned to purchasing […]

Tags: Antitrust fashion marketing trademark infringement

25Mar

Sofia Vergara: In Vitro Fertilization and the Right Not to Procreate

Categories: Current Issues Blog

By Megan E. Cobb After six years, Sofia Vergara has been granted a permanent injunction preventing her ex-partner, Nick Loeb, from using the frozen embryos they created together without her explicit written permission.[1] This decision is just one step in a long court battle between the two which dates back to 2014, when Loeb filed […]

Tags: abortion rights Fourteenth Amendment In vitro fertilization Personhood

23Mar

Not Your Typical Student Union: National Labor Relations Board Withdraws Pending Rule that Would Have Blocked Student Assistants from Unionizing

Categories: Current Issues Blog

By: Andrew Abreu The National Labor Relations Board (“NLRB”) recently announced it will withdraw a near-final rule that was intended to prevent student assistants[1] from forming unions at private universities.[2] In announcing its withdrawal of the rule, the NLRB stated it decided to “withdraw this rulemaking proceeding based on its judgment respecting the most effective […]

Tags: Employment Labor Rulemaking Student union

18Mar

When the Private Becomes Sovereign: ERCOT’s Sovereign Immunity May Leave Millions of Texans Vulnerable

Categories: Current Issues Blog

By Wiley Hughes Earlier this year, from February 10 to February 20, a series of devastating winter storms ran their devastating course through the state of Texas.[1] The storms brought record low temperatures and an unprecedented amount of snow and ice to the state’s largest cities.[2] This overwhelmed the state’s power grid which triggered rolling […]

Tags: Sovereign Immunity Texas Torts

16Mar

Bird Safeguards Take Flight Again: Biden’s Quick Recall of the Trump-Era Bird Protection Rollbacks

Categories: Current Issues Blog

By: Jaclyn Bragano In an area of law that had been unchanged for nearly fifty years, a 2017 federal memorandum[1] rocked the migratory bird boat, prompting years of contradictory opinions and controversial rulemaking. The last few years have brought inconsistency and confusion in the context of migratory bird protections as opposing administrations batted back and […]

Tags: Donald Trump Joe Biden migratory bird treaty act Rulemaking

11Mar

Is Workplace Privacy Dead?: The Effects of “Bring Your Own Device” Policies on Employee Privacy

Categories: Current Issues Blog

By Lauren E. Douglas The year 2021 marks the forty-eighth anniversary of the mobile phone[1] and the eighty-third anniversary of the programmable computer.[2] It is no secret that mobile devices are significantly more powerful than their inventors could have ever predicted.[3] What started as clunky, cumbersome machinery has transformed into the backbone of society as […]

Tags: Computer Fraud and Abuse Act Electronic Communications Privacy Act Employee Employers Privacy Stored Communications Act

9Mar

Seinfeld Awarded Attorney’s Fees After Fending Off “Opportunistic” Copyright Suit

Categories: Current Issues Blog

By: Meghan Falk In sharp contrast to Jerry Seinfeld’s fictional trip to the courthouse, where he ended up in prison for “criminal indifference” in the series finale of Seinfeld, a judge ruled on February 26, 2021 that Seinfeld be reimbursed for legal fees after arguing against an “opportunistic” copyright lawsuit.[1] In early 2018, Seinfeld’s one-time […]

Tags: attorney's fees Copyright statute of limitations

5Mar

The Blurry Limits of the Equal Pay Act’s “Factor Other Than Sex”: An Argument For Limiting The Use of Salary History and the Benefit to Employers

Categories: Online

11 Wake Forest L. Rev. Online 21 (Opens PDF in New Tab) I. Introduction President John F. Kennedy signed the Equal Pay Act into law on June 10, 1963, remarking that such legislation constituted a “significant leap forward.”[1] Advocates of the bill heralded the legislation as “a matter of simple justice” ensuring that “there is […]

Tags: Employers Employment Law Equal Pay Act Factor Other Than Sex gender Pay Gap Salary History

4Mar

The Britney Spears Conservatorship: Is It “Toxic”?

Categories: Current Issues Blog

By Catherine A. Sims Pop icon Britney Spears, now 39 years old, has been under a legal conservatorship for 13 years.[1] The singer, known for hits such as “Toxic,” “Womanizer,” “Oops!…I Did It Again,” and “…Baby One More Time,”[2] lost all control over her personal finances, career, and estate in 2008, when a California state […]

Tags: California Conservatorship Guardianship

2Mar

EA Sports: It’s in the Licensing

Categories: Current Issues Blog

By: Natalie Galdos College football is coming back to EA Sports.[1] Daryl Holt, EA Sports vice president and general manager, announced Feb. 2, 2021 that EA Sports will revive its college football video game series.[2] While Holt declined to share any timeline for the arrival of the next installment of the college football series, fans […]

Tags: Antitrust college sports licensing Sports sports law

25Feb

Dunn v. Smith: Religious Liberties Do Not Cease at the Death Chamber Door

Categories: Current Issues Blog

By Sutton Travis In a decision that expanded religious liberties for prisoners on the verge of execution, the Supreme Court held in the late evening hours of Feb. 11 that Alabama prisoner Willie Smith could not be executed unless Alabama permitted Smith’s chaplain to accompany him into the execution chamber.[1] Smith filed a complaint in […]

Tags: Death Penalty Prisoner Religion religious freedom shadow docket Supreme Court

23Feb

Power to the Traders? A Look at the Reddit-Driven Surge of GameStop and Robinhood’s Subsequent Suspension of Meme Stocks

Categories: Current Issues Blog

By Elizabeth A. Napps The end of January 2021 brought a few trending headlines. We all expected to see stories of President Joe Biden’s inauguration, if not breakout star poet Amanda Gorman. The unexpected story, however, came the following week when Americans were reminded of the existence of GameStop and learned all about “stonks.” To […]

Tags: finance Litigation Finance Securities Exchange Act securities litigation stock

18Feb

Testing for an Antitrust Investigation: Why the Decision to Remove College Admissions Requirements Raises Anticompetitive Questions

Categories: Current Issues Blog

By Sarah Keller Antitrust laws ensure that companies are not artificially impacting or controlling demand for products.[1] Higher education institutions are uniquely situated multibillion-dollar businesses whose product is not simply degrees—but also scholarship, athletics, and the arts.[2] Although these institutions have qualities that differentiate them from traditional businesses, they remain subject to the Sherman Act’s […]

Tags: Antitrust Education Higher Education Sherman Act

16Feb

Online Harassment of Journalists and Uncertain Paths to Recourse Under the Law

Categories: Current Issues Blog

By Mary Catherine Young Last month, an Azerbaijani journalist was forced to deactivate her social media accounts after receiving sexually explicit and violent threats in response to a piece she wrote about Azerbaijan’s cease-fire with Armenia.[1] Some online users called for the Azerbaijan government to revoke columnist Arzu Geybulla’s citizenship—others called for her death.[2] Days […]

Tags: Harassment Internet Invasion of Privacy Journalism Journalists Privacy social media Stalking

12Feb

New ABA Program Helps Immigrants Navigate Daunting Government System

Categories: Current Issues Blog

By Alexandra N. Meyer A new American Bar Association program aims to better prepare immigrants navigating one of America’s most time-consuming and expensive government systems. Unlike most government agencies, the U.S. Citizenship and Immigration Services, (“USCIS”), is fee-funded and relies almost exclusively on fees to operate.[1] In fact, service fees account for approximately 97 percent […]

Tags: ABA Administrative Law American Bar Association Immigration immigration law USCIS

11Feb

FAA Rescinds Order Grounding Jets, 737 MAX Aircraft Return to Flight

Categories: Current Issues Blog

By Steven P. Bradford Following crashes of Lion Air Flight 610 and Ethiopian Airlines Flight 302, the Federal Aviation Administration (“FAA”) issued an Emergency Order grounding Boeing 737-8 and -9 (“Boeing MAX”) aircraft.[1] The order was rescinded on November 18, 2020, allowing Boeing MAX aircraft to resume flight operations once airlines complete prescribed corrective actions […]

Tags: Administrative Law Air Travel Airlines Boeing FAA Federal Aviation Administration

9Feb

New Benefit Program Attempts to Bridge Digital Divide

Categories: Current Issues Blog

By Rachel L. Golden To mitigate the spread of COVID-19, millions of students have been forced to move from in-person to distance learning. The success of distance learning hinges on a student’s ability to access the virtual classroom.[1] For two girls in East Salinas, California, distance learning meant having to sit in a Taco Bell […]

Tags: Administrative Law Congress COVID-19 Education law Internet

4Feb

The Guelph Treasure and the Hunt for Jurisdiction

Categories: Current Issues Blog

By Sarah E. Page Pop culture is filled with references to hidden Nazi treasure. Monuments Men tells the story of the real hunt for stolen Nazi art[1] Television channels are rife with shows focusing on the search for hidden Nazi gold around the world.[2] However, one hoard is hidden in plain sight, and is now […]

Tags: International Law Jurisdiction Property Supreme Court Treasure

2Feb

The Big (Trademark) Game: The NFL’s Battle to Protect Its “Super Bowl” Trademark

Categories: Current Issues Blog

By Blake Witty This Sunday, nearly one in three Americans[1] will turn to their televisions to watch Patrick Mahomes and the Kansas City Chiefs take on Tom Brady and the Tampa Buccaneers in Super Bowl LV.[2] The Super Bowl has become a mainstay in American culture and is arguably the most followed and prestigious event […]

Tags: Intellectual Property sports law trademark trademark infringement

1Feb

A Realistic Analysis of the DOT’s Decision to Ban Emotional Support Animals from Flights

Categories: Current Issues Blog

Jess Harrell In recent years, there has been a rise in emotional support animals (“ESAs”) throughout the United States.[1] Unlike service animals, which are trained to perform specific tasks for disabled individuals,[2] ESAs provide companionship, relieve loneliness, and help with mental disabilities such as depression, anxiety, and phobias.[3] However, they are not individually trained to […]

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30Jan

The Spoils of War: Arguments in Favor of Independent Claims for Spoliation Against Third Parties

Categories: Online

11 Wake Forest L. Rev. Online 1 (Opens PDF in new tab) Andrea A. Anderson* I. Introduction Kenneth was a coal miner.[1] One day, while cooling a welding area, a hose burst and severely injured his neck and face.[2] Despite sustaining major injuries that would prevent him from working in the future, Kenneth had limited […]

Tags: Evidence tort law Torts

28Jan

Collaboration for LGBTQ+ Equality and Religious Freedom

Categories: Current Issues Blog

Jordan Peterson It is no secret that federal policymakers usually propose a bill with no expectation that it will pass into law. In some cases, they do this because they want to start a conversation about an important topic.[1] One such topic that has been at the forefront of the American political thought for some […]

Tags: Conservative First Amendment LGBTQ Liberal religious freedom

23Jan

Pandemic Relief Bill Increases Business Meal Tax Deduction

Categories: Current Issues Blog

Emily Solley On December 27, 2020, President Donald J. Trump signed a $900 billion pandemic relief bill into law.[1] The bill resulted from eight months of tense negotiations, earlier failures at passage, and, most recently, an intense debate over the bill’s proposed $600 direct payment to Americans.[2] President Trump called the payments a “disgrace” and […]

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20Jan

Sharing is Caring: H-2B Visa Portability as the Lasting Solution to Temporary Problems

Categories: Current Issues Blog

Makenzie Taylor Each year, 66,000 H-2B visa guest workers enter the United States to perform nonagricultural temporary and seasonal jobs[1] in industries such as forestry, landscaping, hospitality, seafood processing, and construction.[2] The workers typically perform “relatively low-skilled” jobs and often work in “geographic areas where the number of available U.S. workers is limited.”[3] They comprise […]

Tags: Employee Employment Law H-2B Visa Immigration immigration law seasonal workers visa portability

16Jan

The “Hack Back” Bill: A Necessary Defense Mechanism, or a Precipitous Disaster?

Categories: Current Issues Blog

Kristin J. Rempe The Active Cyber Defense Certainty Act—colloquially known as the “Hack Back” bill— was first introduced in 2017[1] and reintroduced in 2019.[2] The bipartisan bill seeks to amend the Computer Fraud and Abuse Act (“CFAA”).[3] Under the CFAA, it is illegal to knowingly or intentionally access another computer without authorization or to exceed […]

Tags: cyber attack Cyber Law dara security hack back bill hacking privacy law

14Jan

Religion in a Pandemic: The Supreme Court’s Free Exercise Jurisprudence in the COVID-19 Era

Categories: Current Issues Blog

Blake Davis The COVID-19 pandemic has upended the way Americans engage in their weekly religious practices.[1] As with every other area of American life, religious organizations have become accustomed to providing socially distanced services and complying with both federal and state guidelines for safe worship experiences.[2] As churches, synagogues, and mosques have transitioned to servicing […]

Tags: Constitutional Law COVID-19 free exercise clause pandemic Religion religious freedom

15Dec

To Pack or Not to Pack The Court? A Closer Look at Both Arguments

Categories: Current Issues Blog

On November 25, the United States Supreme Court issued a five to four opinion enjoining New York Governor, Andrew Cuomo, from implementing a COVID-19 restriction which would limit religious services to gatherings of no more than ten people.[1] The deciding vote? Newly appointed Justice Amy Coney Barrett.[2] Joining Justice Barrett in the unsigned opinion were […]

Tags: Amy Coney Barrett Congress court packing Democrat Republican Supreme Court

11Dec

Shots for All? The Legal Background and Implications of Mandating Flu Vaccines on College Campuses

Categories: Current Issues Blog

Shannon Porterfield Due to the recent outbreak of SARS-CoV-2 (“COVID-19”), colleges and universities across the United States (“U.S.”) are requiring students to get vaccinated against the flu and submit documentation of such immunization to return to campus for the coming spring semester.[1] As the rates of flu immunizations among Americans are typically low without mandates, […]

Tags: constitution COVID-19 flu vaccine vaccine mandate

7Dec

Don’t Frack with Our Water: The Colorado Water Crisis

Categories: Current Issues Blog

Tim Maguire Water is imported, exported, bought and sold, and transported intrastate, interstate, and internationally.[1] It has powered the transportation industry and empowered manufacturing. Disagreements over its use and misuse have led to armed conflicts and even war.[2] With respect to its vitalness, it is equally as precious to other natural resources such as oil, […]

Tags: Colorado Colorado River conservation conservation law Environmental Law natural resource law potable water rebate programs water water conservation water crisis watershed

4Dec

Georgia Runoff Election and the Debate Over Voter Fraud

Categories: Current Issues Blog

Rebecca Paulus “The management of Georgia elections has become an embarrassment for our state. Georgians are outraged, and rightly so.”[1] This scathing condemnation originates from a joint statement issued by Senators David Perdue and Kelly Loeffler, demanding that Georgia Secretary of State Brad Raffensperger resign because he “has failed to deliver honest and transparent elections.”[2] […]

Tags: election Georgia runoff election voter fraud voting

16Nov

COVID-19 AND THE CONTINUING ASIAN AMERICAN MOMENT: NARRATIVES FROM THE MIDWEST

Categories: Online

10 Wake Forest L. Rev. Online 149 (Opens PDF in new tab) Ilhyung Lee* The COVID-19 pandemic drastically affected the operations and daily routines of the university and college town that have been my home for the past twenty-two years. In mid-March 2020, the University of Missouri (“MU”),[1] in Columbia, Missouri, suspended all in-person classes […]

Tags: Asian Americans COVID-19 Race Discrimination

31Oct

CAUSAL PROOF IN THE PANDEMIC

Categories: Online

10 Wake Forest L. Rev. Online 124 Betsy J. Grey* I. Introduction Business owners and politicians have raised the specter of a flood of civil lawsuits arising out of the pandemic.[1] Most of these suits will likely be commercial in nature, and very few personal injury lawsuits have been filed against businesses since the pandemic […]

Tags: Causation Civil Litigation COVID-19 Tort Worker's Compensation

29Oct

Back Against the Wall: Are Section 230’s Days Numbered?

Categories: Current Issues Blog

By Alexander F. Magee The internet has long been championed as a marketplace of ideas that fosters unprecedented access to different viewpoints and mass amounts of information and media. At least in the eyes of some, Section 230 of the Communications Decency Act (“CDA”)[1] is largely responsible for the internet gaining that reputation, and the […]

Tags: Executive Order First Amendment Internet statutory interpretation

27Oct

Love Is Not Tourism: The Safe Reunion of Unmarried Partners and Families in the Face of International Travel Bans

Categories: Current Issues Blog

By Adrian E. Simioni The continued closure of international borders in response to the COVID-19 pandemic has had devasting economic effects on trade, tourism, and service industries across the globe.[1] However, one overlooked, entirely human effect has been the profound impact of border closures on unmarried couples and families residing in different countries. Their designation […]

Tags: Borders COVID-19 International Law United Nations

22Oct

Sleeping While Black: Breonna Taylor, No-Knock Warrants, and the Need for Reform

Categories: Current Issues Blog

By Itané O. Coleman On November 21, 2006, Kathryn Johnston was ninety-two. Police entered her home. They shot her six times. Killing her.[1] On May 16, 2010, Aiyana Jones was seven. Police entered her grandmother’s home. They shot the child while sleeping. Killing her.[2] Though Black men are often the face of police violence for […]

Tags: Breonna Taylor Constitutional Law Police Race Discrimination search warrant Women

20Oct

Chasing Equality: Is Caster Semenya’s Battle Against the IAAF Really Over?

Categories: Current Issues Blog

By Kelsey E. Rector South African runner Caster Semenya is a two-time Olympic gold medalist and has dominated track events like the 800 meter and other mid-distance races over the last decade.[1] All her life, Semenya has been questioned about her sex, especially with respect to competing as an elite female track athlete.[2] Her performance […]

Tags: gender International Law Sports sports law Women

15Oct

TikTok, Inc. v. Trump: Can TikTok’s U.S. Operations Last?

Categories: Current Issues Blog

By Christopher R. Taylor On August 6th, President Trump issued Executive Order 13,942 (“TikTok Prohibition Order”) prohibiting transactions with ByteDance Ltd. (“ByteDance”), TikTok’s parent company, because of the company’s data collection practices regarding U.S. users and its close relationship with the Peoples Republic of China (“PRC”).[1] Eight days later President Trump issued a subsequent order […]

Tags: Administrative Law Donald Trump social media Social Networking TikTok

13Oct

How Losing Football Coaches Stand to Gain from the NCAA’s Decision to Waive Bowl Eligibility Requirements

Categories: Current Issues Blog

By Jonathan Carter The 2020–21 NCAA football season is shaping up to be much different than seasons past,[1] and a recent rule change recommended by the NCAA Division I Football Oversight Committee (“Oversight Committee”) could result in coaches with losing records benefiting from the disarray.[2] Due to COVID-19, currently only 112 of the 130 total […]

Tags: college sports Contracts sports law

8Oct

Knight Institute v. Trump: The Battle for the Block Button Continues

Categories: Current Issues Blog

By Gabriel L. Marx Donald Trump is once again at the center of a legal dispute. The Forty-Fifth President of the United States has been no stranger to legal controversies during and before his presidency,[1] but the latest update in Knight First Amendment Institute at Columbia University v. Trump[2] has President Trump petitioning for a […]

Tags: Donald Trump First Amendment social media Social Networking Supreme Court

6Oct

Doubling the Draft: The Beginning of the End for the All-Male Selective Service System

Categories: Current Issues Blog

By Ashley Willard As it stands, the Military Selective Service Act (“MSSA”) only impacts males.[1] The MSSA gives the President authority to issue a proclamation requiring all male citizens and most male noncitizen residents between the ages of eighteen and twenty-six to register with the Selective Service.[2] The current registration period began when President Carter […]

Tags: Constitutional Law Military Women

1Oct

Bush v. Gore 2.0? Why the November Election Could Turn on a 6-3 Court

Categories: Current Issues Blog

By Jacqueline K. Winters On Sept. 26, less than two months before the election, President Donald Trump announced Amy Coney Barrett as his nominee for the Supreme Court.[1] Considering Senate Majority Leader Mitch McConnell’s plans to swiftly move forward with the confirmation process and begin hearings on Oct. 12, it is likely that the Senate […]

Tags: Donald Trump Elections Joe Biden Supreme Court

29Sep

Repairing our National Parks and the Implications of the Great American Outdoors Act

Categories: Current Issues Blog

By Davis LaBarre In the midst of a global pandemic, the one bright spot for many has been spending time outdoors. Increased travel restrictions and cancelled overseas trips have led to packing up the car to visit the beautiful parks our own country has to offer.[1] This summer, Congress passed the Great American Outdoors Act, […]

Tags: fund Legislature National Parks Natural Resources

26Sep

The Fault in In Pari Delicto: How Illegality Bars and Moral Culpability Collide with Tort Law

Categories: Online

10 Wake Forest L. Rev. Online 107 James W. Sprague I. Introduction In the summer of 2002, a Union Pacific Railroad conductor, Arnulfo Flores, agreed to transport ten Mexican nationals across the Mexican-American border undetected.[1] When the nationals arrived on the railroad’s property, Flores ushered them into a large metal railway car and sealed them […]

Tags: apportionment of liability comparative fault fault apportionment in pari delicto opioid Torts wrongful acts doctrine wrongful conduct rule

24Sep

Bostock’s Aftermath: Textual Similarity in Federal Statutes Provides Opportunity for Huge Step Forward in LGBTQ+ Rights

Categories: Current Issues Blog

By Zeliang Mike Liu On June 15, 2020, the Supreme Court issued a landmark 6-3 decision stating that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits an employer from firing an individual for being homosexual or transgender.[1] The question came to the court through three different cases: Bostock v. Clayton County, […]

Tags: Affordable Care Act Civil Rights Fair Housing Act LGBTQ Supreme Court Title IX Title VII

22Sep

Fake Cures and Real Law: Analyzing the Legal Implications of ‘DIY’ COVID Vaccines

Categories: Current Issues Blog

By Megan M. Neal As the public tracks the development of a viable SARS-CoV-2 (“COVID-19”) vaccine, there has been rampant proliferation of fake COVID-19 cures. Indeed, the Food and Drug Administration (“FDA”) has identified a host of products fraudulently marketed to diagnose, treat, or cure COVID-19.[1] Many of these products are faulty, but relatively harmless: […]

Tags: COVID-19 Drugs Medical Malpractice

17Sep

The Catch-22 of the COVID-19 Remote Workforce: A Payroll, Income, and Unemployment Tax Nightmare

Categories: Current Issues Blog

By Alex Lewis Working remotely has become the new normal, and it may stay that way after COVID-19.[1] Although many professionals enjoy the safety, freedom, and flexibility that comes with remote work, a potential tax nightmare may be around the corner for some in 2021. If employees did not switch over their withholding once […]

Tags: coronavirus Employment Law tax code tax law

19Aug

Raising the Age and Raising the Budget: Why North Carolina’s Juvenile Justice Reinvestment Act Requires Full Funding

Categories: Online

Since 1919, North Carolina had treated its sixteen- and seventeen-year-old offenders as adults. On December 1, 2019, after one-hundred years of this misguided system, North Carolina finally raised its age of juvenile jurisdiction to eighteen.

Tags: Criminal Law Juveniles North Carolina

24Apr

U.S. Jails & Prisons Poorly Positioned to Prevent COVID-19 Spread

Categories: Current Issues Blog

By Amanda Manzano The rapid spread of COVID-19 has disrupted business as usual across the globe and created a “new normal” for human social behavior; a normal that U.S. prisons and jails as we know them do not have the luxury, or ability, to implement. Physical distancing in public, self-isolation, and the use of face […]

Tags: COVID-19 Criminal Law Criminal Procedure Prisoner Civil Rights

21Apr

“Life, uh, Finds A Way”: Is the Political “Horse Race” the Next Great American Sport?

Categories: Current Issues Blog Uncategorized

By Alexander S. Boros So far, 2020 has felt like an eternity and yet we are just four months in. The spread of COVID-19 has turned the entire world upside down and has transformed the economy in a way we have never seen before. One of the more interesting twists of fate in the midst […]

Tags: COVID-19 Elections Gambling Politics Sports

17Apr

Can He Do That? President’s Executive Order Encourages Mining on Moon, Asteroids

Categories: Current Issues Blog

By Chris Flurry President Donald Trump issued an Executive Order on Apr. 6, 2020, with potentially out-of-this-world implications.[1] The order encourages the U.S. and international communities – public and private – to support the exploration, recovery, and use of extraterrestrial resources.[2] While the order may seem to come at a surprising time,[3] it has reportedly […]

Tags: Donald Trump Executive Order Mining Moon Space Law

8Apr

COVID-19: N.C. Governor’s Order Enables Remote Shareholder Meetings During Pandemic

Categories: Current Issues Blog

By Matthew Hooker For the duration of the COVID-19 emergency, North Carolina corporations may conduct shareholders’ meetings completely via remote communication technology, pursuant to an executive order by Governor Roy Cooper.[1] This order temporarily resolves an ambiguity in the North Carolina Business Corporation Act pertaining to remote participation in shareholders’ meetings, allowing North Carolina corporations […]

Tags: Business Law Business Organizations Corporate Governance COVID-19 North Carolina

5Apr

COVID-19 Stimulus Package: What CARES Act Rebates Mean for Immigrants

Categories: Current Issues Blog

By Agustin Martinez Across the globe, the COVID-19 pandemic has devastated many lives,[1] including those of immigrants living in the United States.[2] U.S. Citizenship and Immigration Services (“USCIS”) recently announced that it “will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of a public […]

Tags: COVID-19 Federal Regulation Immigrant Immigration tax code tax law

23Sep

Business Interruption Coverage in North Carolina: Victory Dinner for North State Deli?

Categories: Current Issues Blog

By Taylor N. Jones As North Carolina courts resume in-person oral arguments,[1] small businesses wait to see when the significant case, North State Deli, LLC v. Cincinnati Ins. Co.,[2] will be scheduled for oral argument.escribed as a “groundbreaking and powerful win for policyholders during this era of economic devastation for small businesses,”[3] North State Deli […]

Tags: Business Law Business Organizations Business owner North Carolina

1Sep

LITIGATING OPIOID ADDICTION AS ORGANIZED CRIME: AN ANALYSIS OF PROXIMATE CAUSE AND PHARMACEUTICAL MISREPRESENTATION UNDER RICO

Categories: Online

11 Wake Forest L. Rev. Online 93 (2021) Introduction In 2018, 128 people died every day from an opioid overdose, twenty-five percent of patients misused opioids prescribed for chronic pain, and approximately 1.7 million people developed a substance use disorder directly from prescription opioid use.[1] The effects were so devastating that the opioid epidemic was […]

Tags: Litigation opioid opioid crisis opioid epidemic Pharmaceuticals Purdue Supreme Court

9Jun

WILL THE SUPREME COURT RECOVER ITS OWN FUMBLE? HOW ALSTON CAN REPAIR THE DAMAGE RESULTING FROM NCAA’S SPORTS LEAGUE EXEMPTION

Categories: Online

11 Wake Forest L. Rev. Online 70 Alan J. Meese* I. Introduction Horizontal restraints are unlawful per se unless a court can identify some redeeming virtue that such restraints may create. In National Collegiate Athletic Association v. Board of Regents of the University of Oklahoma (“NCAA”),[1] the Supreme Court rejected this standard, refusing to […]

Tags: Antitrust Supreme Court

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