Burdens of Production As Unproductive R. George Wright[1]* Introduction The placement of a legal burden of proof can be decisive as to the outcome of a case.[2] Considerations of cost, fairness, and pragmatism normally play a role in allocating burdens of proof.[3] Often, burdens of proof—particularly burdens of producing evidence on specific issues—are shifted between […]

By Laura Merriman Over the twenty-year war in Afghanistan, tens of thousands of Afghan nationals risked their lives to assist the US.[1]  In exchange, the US offered them a humanitarian visa known as a Special Immigrant Visa (“SIV”), to safely resettle in the US as lawful permanent residents.[2]  However, as the US began withdrawing from […]

By Hanna Diamond I. Introduction Nona Gaprindashvili, “a pioneer of women’s chess,” is making the first move and suing Netflix over a false statement made in the Netflix series, The Queen’s Gambit (the “Series”). [1]  The Series was based on a fictional novel, The Queen’s Gambit (the “Novel”),[2] about an “American chess prodigy Beth Harmon,” […]

By Jacob Winton On July 20, 2021, Senators Bernie Sanders (I-Vt.), Chris Murphy (D-Conn.), and Mike Lee (R-Utah) introduced the National Security Powers Act of 2021[1] (“NSPA”), a bipartisan bid to reign in the war powers of the Executive Branch.  The bill, which would impose substantial limitations on presidential power,[2] would allow “Congress [] to […]

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 […]

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 […]

By James Sprague The New York District Attorney’s Office (“N.Y.D.A.”) began investigating President Donald Trump’s business transactions in the summer of 2018 after the F.B.I. raided the residence of Michael D. Cohen, President Trump’s personal attorney.[1] After the raid, Cohen admitted to campaign fraud, including using campaign funds to provide a $130,000 “hush” payment to […]

While humans may be the most sophisticated and capable species on planet Earth, we are still subject to a strong dose of humility now and again. We humans must accept that there are certain things we have limited control over. One of these things is the spread of disease. Due to scientific and medical innovations, […]

By Nicholas Pappayliou and Samuel Gilleran Early last week, the Fourth Circuit Court of Appeals held that victorious plaintiff voters were entitled to reasonable attorney’s fees and costs from the opposing party, the Guilford County Board of Elections, despite the fact that the Board merely enforced but did not craft the legislation giving rise to […]

Overview M.L. was born in 2003 with Down Syndrome and lives with his family in an Orthodox Jewish community in Maryland.[1]  M.L’s faith governs almost every aspect of his life, including how he dresses, eats, and works.[2]  In 2009, M.L. enrolled in a private special education program that was tailored to his religious needs.[3]  In […]

By Amanda Whorton On March 11, 2016, the Fourth Circuit issued a published opinion in the civil case Providence Hall Associates v. Wells Fargo Bank. The court affirmed the district court’s dismissal of Providence Hall Associates’ (“PHA”) lawsuit against Wells Fargo Bank (“Wells Fargo”), holding that it was precluded by res judicata. The Three Agreements and […]

 By Whitney Pakalka On January 11, 2016, the Fourth Circuit issued a published opinion in the civil case of Askew v. Hampton Roads Finance Company. The District Court for the District of Maryland granted Hampton Roads Finance Company (“HRFC”) summary judgment on all of Dante Askew’s borrower-creditor claims. The Fourth Circuit affirmed the grant of […]