Wake Forest Law Review

20Feb

Department of Homeland Security v. Texas: Setting Boundaries on State Power

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By Jordan Carlson Eagle Pass, Texas has become the latest battleground in the perennial struggle between the federal government and the states.[1] In a January 22, 2024 order, the Supreme Court vacated an injunction that had prevented federal agents from cutting wire placed on the Texas-Mexico border by Texas.[2] The case is one of several […]

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17Feb

STOLEN LULLABIES: HOW COPYRIGHT LAW ALLOWED TAYLOR SWIFT TO RECLAIM HER MASTERS

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Marin Bennerotte As Taylor Swift fans watched the Grammys in early February, many expected an announcement of the re-release of her “Reputation” album, originally released in 2017.[1] While Swift did not announce this re-release at the Grammys, when “Reputation” does become available to the public, it will be Swift’s fifth re-recorded album since 2021.[2] The […]

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13Feb

Take Names, Ask Questions…Never? Reviewing the Fifth Circuit’s Troubling Decision in Villarreal v. City of Laredo

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  By Michael VerMeulen In a legal battle between qualified immunity and freedom of the press, which one will come out on top? In the eyes of the Fifth Circuit, the First Amendment bows down to qualified immunity for police officers. [1] This fight has come to the legal forefront in Villarreal v. City of […]

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9Feb

What Comes After Death? The Impending Impact of Connelly v. United States

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Thomas H. Ward “Pity me not, but lend thy serious hearing to what I shall unfold.”[i]  With its grant of certiorari late last December, the Supreme Court crossed the river Styx and resurrected a question that estate planners had thought was laid to rest long ago:  whether the proceeds of a life insurance policy held […]

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6Feb

A Dream of Snakes and Copyright: Another Benzene Question

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Tamara Allen “I turned my chair toward the fireplace and sank into half-sleep. Again the atoms fluttered before my eyes. . . . Long lines, often combined more densely; everything in motion, twisting and turning like snakes. But look, what was that? One of the snakes had seized its own tail, and the figure whirled […]

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30Jan

FTC Changes to Children’s Online Privacy Rule Will Make it Harder for Companies to Store Kids’ Personal Information

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Madelyn Strohm  On December 20, 2023, the Federal Trade Commission (“FTC”) announced proposed changes to its Children’s Online Privacy Protection Act Rule (“Rule” or “COPPA Rule”).[1] The proposed changes aim to keep up with changes in technology and how businesses are using children’s information collected online.[2] The updated Rule aims to further enhance children’s privacy […]

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29Jan

A Private-Public Forum: The Oxymoron of Free Speech on Social Media

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Will Coltzer The Supreme Court is set to determine whether the government can regulate the way social media platforms (“Platforms”) like X,[1] Facebook, and YouTube moderate third-party content.[2] Although social media has become ubiquitous and has been described as the modern “public forum,”[3] there remain serious questions about the authority of the government to require […]

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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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