Wake Forest Law Review

21Jan

TikTok on the clock, but the party has stopped–the U.S. Supreme Court has officially ruled to uphold legislation to ban TikTok effectively.

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On January 10th, the Supreme Court of the United States (“Supreme Court”) heard arguments about whether the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), as applied, would violate TikTok, Inc.’s First Amendment rights. As of Friday, January 17, the Supreme Court ruled to uphold the Act.[1] The Supreme Court found that the […]

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15Nov

Changing the Language, Not the Law: North Carolina’s Citizens-Only Amendment

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  By Emily Gordon When North Carolina residents voted in the 2024 election, they might have been surprised to see a ballot measure regarding a proposed amendment to the state constitution.[1] Prior to the election, the North Carolina State Constitution allowed “every person born in the United States and  every person who has been naturalized” […]

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14Nov

Don’t fall for the CON: A Challenge to North Carolina’s Certificate of Needs

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By: Spencer Lewis History and Purpose In 1977, North Carolina legislature presented the North Carolina Health Planning and Resource Development Act of 1978, a bill that would introduce a Certificate of Need (“CON”) requirement to the state’s healthcare system in response to federal incentives.[1] This CON law would require state approval for health care providers […]

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8Nov

North Carolina’s Regulatory Sandbox: Proposed Permanent Rules

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By Alexis Furgal A regulatory sandbox is a “controlled environment” in which companies reward innovative contributions regulatory freedom with.[1] Essentially, companies enjoy (temporarily) fewer regulatory hurdles to overcome during the sprint to bring novel technologies and services to market.[2] On one hand, regulatory sandboxes foster innovation and promote advancement because companies are free to “trial […]

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31Oct

Thou Shall Not: Would today’s Supreme Court uphold precedent that displays of the Ten Commandments in classrooms are unconstitutional?

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Chris Whipple Background Earlier this month, a local school board in North Carolina failed to pass a policy requiring public school classrooms to display posters of the Ten Commandments.[1] The Iredell-Statesville School Board of Education (“I-SS Board”) voted against the proposal by one of its board members for a “Founding Documents” poster, featuring the Ten […]

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24Oct

Striking Out of Federal Court: Heck Dismissals are now PLRA Strikes in the Fourth Circuit

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  By Alex Gracia As of September 16, 2024, indigent prisoner-plaintiffs in North Carolina must be weary when their civil rights claims are dismissed.[1] The failure to do so could result in the loss of important financial protections afforded to them.[2] Background The Federal Reserve reports that 37% of all adults would not be able […]

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10Oct

Social Media Companies Beware: Government Officials Call for Warnings to be Placed on Social Media Platforms

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Benjamin Riley Social Media’s Rise to the Forefront Over the last few decades, social media platforms have gained immense popularity with Americans,[1] and statistics point to the average American having accounts on multiple platforms.[2] Yet, as is the case with many trends, this growth has not come without its fair share of controversy. These platforms […]

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8Oct

Pets are Part of Your Family: Could North Carolina be the Next State to Recognize the Best Interests of the Pet When Determining Pet Custody?

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By Vivian Bolen Most dog owners in the United States view their dogs as a part of their family, yet legally, dogs are still property.[1] The law has not kept up with the emotional value we attach to companion pets like cats and dogs, and when pet-owning spouses divorce, they are forced to reckon with […]

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2Oct

How Lawmakers Are Grappling with Prosecuting the Parents of School Shooters

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Emily Race The First Charges Gun ownership and gun reform are central points of contention in today’s political landscape. The number of gun-violence related incidents in K-12 schools has been steadily rising since 2021, peaking at 349 last year.[1] So far in 2024, there have been 237 shootings at K-12 schools.[2] Amid the immediate sorrow […]

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26Sep

Navigating the NIL Playbook: The Current State of NIL Laws for North Carolina High School Athletes and Potential Changes Downfield

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By Mary Grace Hutzler In recent years, Name, Image and Likeness (NIL) regulations have been a source of dramatic change in the landscape of high school athletics.[1] These regulations, which are a much-needed change from the burdensome rules of the past, enable student-athletes to profit from their personal brands.[2] The NIL debate erupted when collegiate […]

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24Sep

A Safer Bet: Proposed Bill Aims to Crack Down on Predatory Sportsbooks

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Jack Bryant Background: On March 11, 2024, the Governor of North Carolina, Roy Cooper (“Cooper”), placed a wager on the Carolina Hurricanes to win the Stanley Cup.[1] Cooper made the bet on Raleigh’s beloved hockey team[2] to commemorate sports betting companies, also known as “sportsbooks,”[3] accepting wagers in North Carolina for the first time in […]

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19Sep

Taking Stock of the Comstock Act: Legal Relic or Courtroom Crusade?

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  Anna Duong-Harrison History             In 1873, Congress passed the Act for the Suppression of Trade in, and Circulation of, Obscene Articles of Immoral Use––the colloquial Comstock Act.[1] This Act criminalized the circulation of contraceptives and birth control-related information through the mail, including medical textbooks and magazines.[2] Even instruments that could be used to perform […]

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