12 Wake Forest L. Rev. Online 46 Joshua S. Ha* “The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself.”[1]  That is how Chief Justice Marshall described the rule of lenity in United States v. Wiltberger.[2]  The doctrine is rooted in seventeenth-century England, where it arose […]

12 Wake Forest L. Rev. Online 24 Jeffrey Steven McConnell Warren, Esq.* In North Carolina, a law enforcement officer’s career can be over with the stroke of a prosecutor’s pen.  Cloaked in prosecutorial immunity, district attorneys enjoy a little-known power to decide that a law enforcement officer’s character for truthfulness is materially impaired and that […]

12 Wake Forest L. Rev. Online 1 Introduction The Americans with Disabilities Act (“ADA” or “the Act”)[1] celebrated its thirtieth anniversary in 2020.[2]  The Act, which was signed into law by President George H.W. Bush, was enacted to eliminate discrimination against individuals with disabilities, especially in critical areas of life like employment.[3]  With the ADA’s […]

11 Wake Forest L. Rev. Online 147 Imad Antoine Ibrahim,* Sandrine Maljean-Dubois,**& Jessica Owley*** Without an international tribunal or tools like trade sanctions, there is little to coerce or encourage adherence with environmental treaties.  The Paris Agreement, the governing global agreement to address climate change, relies on voluntary global cooperation.  Countries determine their own commitments […]

11 Wake Forest L. Rev. Online 131 Dr. Ryan Clements* Algorithmic stablecoins are inherently fragile.  These uncollateralized digital assets, which attempt to peg the price of a reference asset using financial engineering, algorithms, and market incentives, are not stable at all but exist in a state of perpetual vulnerability.  Iterations to date have struggled to […]

11 Wake Forest L. Rev. Online 111 Gregory S. Parks* Introduction Hazing has been a persistent issue for centuries.[1]  Little empirical research, or research drawing on empirical data, has been conducted on what would meaningfully curtail it.  Researchers have agreed, however, that among the necessary hazing prevention factors are: (1) organizational leadership;[2] (2) more certainty […]

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 […]

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 […]

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 […]

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 […]

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 […]