Wake Forest Law Review

27Nov

Constitutional Rights Violation or Earnest Democratic Debate? Scrutinizing L.W. ex rel. Williams v. Skrmetti

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Nick Rader This September, in L.W. ex rel. Williams v. Skrmetti,[1] the United States Court of Appeals for the Sixth Circuit reversed two preliminary injunctions that had prevented state gender affirming care restrictions from taking effect.[2]  Now, statutes in both Tennessee and Kentucky prohibit minors in most circumstances from obtaining certain medical procedures offered to […]

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26Nov

SEC v. SPAC: Enhancing Disclosure Requirements for Companies Going Public Through Special Purpose Acquisition Companies

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Nicholas Walters  On March 30, 2022, the Securities and Exchange Commission (the “SEC”) announced its proposed rule to enhance disclosure and investor protection in initial public offerings (“IPO”) by special purpose acquisition companies (“SPAC”) for business combinations involving shell companies and private operating companies.[1] This rule came in response to an unprecedented spike in private […]

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7Nov

Antisocial Media(?): Meta Faces Suit for Harm to Youth Mental Health

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Trinity Chapman  On October 24, 2023, thirty-three states filed suit against Meta[1], alleging that its social media content harms and exploits young users.[2] The plaintiffs go on to allege that Meta’s services are intentionally addictive, promoting compulsive use and leading to severe mental health problems in younger users.[3]  The lawsuit points to specific aspects of […]

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31Oct

Is the International Shoe on the Other Foot? Analyzing Mallory v. Norfolk Southern Railway Company

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Mark Lee This June, in Mallory v. Norfolk Southern Railway Company,[1] the Supreme Court held that a Pennsylvania statutory scheme which requires out-of-state corporations to “consent” to general personal jurisdiction to do business in the state was consistent with Due Process.[2]  This decision allows Robert Mallory, a Virginia resident, to bring a lawsuit in Pennsylvania […]

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24Oct

The Social Cost of Greenhouse Gases: New Uses, Same Figures.

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Caitlin Maguire  Imagine if you could transform greenhouse gases into money. The Social Cost of Greenhouse Gases (“SC-GHG”) does just that, but unfortunately, you cannot spend it. The SC-GHG is a metric created by the Interagency Working Group on the Social Cost of Greenhouse Gases (“IWG”).[1] The metric provides a monetary estimate that represents both […]

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12Oct

The Demise of Deference? Chevron Doctrine Faces its Toughest Test Yet

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Noah McDuff           I.      An Introduction to Chevron Deference The Supreme Court’s landmark decision in Chevron v. National Resources Defense Council[1] has served as a pillar in the administrative law community for almost forty years[2] and remains one of the most cited high court decisions in history.[3] In Chevron, […]

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3Oct

Musk’s Attempt to Undo Twitter’s Payment of Wachtell’s Fee

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J. Stillman Hanson, Jr.  Last year was dramatic for Elon Musk (“Musk”), even by his standards, largely due to his highly publicized acquisition of Twitter, Inc. (“Twitter”).[1]  In April 2022, Twitter’s board of directors accepted Musk’s offer to buy Twitter at a price of $54.20 per share, and the parties entered into a binding merger […]

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29Sep

ESPN Bets Big with Sportsbook Agreement

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John C. Fresco On August 8, 2023, ESPN announced a ten-year, $2 billion agreement with PENN Entertainment[1] to launch ESPN BET, an ESPN-branded sportsbook that will grant access to online sports betting in the sixteen legalized betting states where PENN Entertainment is licensed.[2] ESPN is the world’s leading sports platform with eight US television networks, […]

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21Sep

Murray v. UBS Securities, LLC: Blowing the Whistle on the Second Circuit’s Textual Analysis

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Miriam Draper  This October, the Supreme Court will review Murray v. UBS Securities, LLC—a case that created a circuit split involving the Sarbanes-Oxley Act’s (“SOX”) whistleblower anti-retaliation provision.[1] Section 1514A of SOX prohibits employers of publicly traded companies from adversely affecting the employment conditions of employees who report fraudulent business activities.[2]  Congress enacted this provision to […]

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15Aug

Bruen One Year Later: The State of the Second Amendment and Implications on the Rights of Felons

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Kaylee Tillett Prior to 2008, gun-rights advocates referred to the Second Amendment as a “second-class right” with courts relying on a militia-centric interpretation articulated by the Supreme Court of the United States in United States v. Miller.[1] Nearly seventy years after Miller, the Supreme Court radically changed its interpretation of the Second Amendment in District […]

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7Aug

Trust, but Verify

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Maya Pillai Trust, but verify. This is a common methodology in the audit world and was even mentioned by the SEC Acting Chief Accountant Paul Munter in his statement on “The Auditor’s Responsibility for Fraud Detection.” [1]  He commented, “[T]he mindset of ‘trust but verify’ may represent potential bias if it is anchored in the […]

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4Aug

Safeguarding the System: How State Banking Officials Can Strengthen the Integrity of the U.S. Banking System

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Professor Brock Kannan State banking officials can leverage lessons from the 2023 bank failures to become more aware of their pivotal role in protecting the integrity of the U.S. banking system. Bank regulation ensures the financial system’s stability by protecting consumers and preventing the actions of bad actors. We trust the system because numerous state […]

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