Wake Forest Law Review

Recent Articles

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

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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 […]

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4Mar

The Britney Spears Conservatorship: Is It “Toxic”?

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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 […]

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2Mar

EA Sports: It’s in the Licensing

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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 […]

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25Feb

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

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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 […]

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23Feb

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

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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 […]

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18Feb

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

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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 […]

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16Feb

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

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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 […]

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12Feb

New ABA Program Helps Immigrants Navigate Daunting Government System

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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 […]

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11Feb

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

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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 […]

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9Feb

New Benefit Program Attempts to Bridge Digital Divide

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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 […]

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4Feb

The Guelph Treasure and the Hunt for Jurisdiction

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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 […]

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2Feb

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

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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 […]

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1Feb

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

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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

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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 […]

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28Jan

Collaboration for LGBTQ+ Equality and Religious Freedom

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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 […]

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23Jan

Pandemic Relief Bill Increases Business Meal Tax Deduction

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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

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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 […]

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16Jan

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

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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 […]

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14Jan

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

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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 […]

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15Dec

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

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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 […]

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11Dec

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

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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, […]

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7Dec

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

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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, […]

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4Dec

Georgia Runoff Election and the Debate Over Voter Fraud

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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] […]

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16Nov

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

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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 […]

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31Oct

CAUSAL PROOF IN THE PANDEMIC

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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 […]

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29Oct

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

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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 […]

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27Oct

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

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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 […]

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22Oct

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

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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 […]

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20Oct

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

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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 […]

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15Oct

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

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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 […]

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13Oct

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

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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 […]

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8Oct

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

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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 […]

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6Oct

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

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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 […]

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1Oct

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

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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 […]

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29Sep

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

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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, […]

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26Sep

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

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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 […]

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24Sep

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

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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, […]

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22Sep

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

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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: […]

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17Sep

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

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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 […]

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19Aug

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

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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.

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24Apr

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

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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 […]

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21Apr

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

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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 […]

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17Apr

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

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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 […]

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8Apr

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

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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 […]

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5Apr

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

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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 […]

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