Wake Forest Law Review

12Oct

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

Categories: Current Issues Blog
Comments Off on The Demise of Deference? Chevron Doctrine Faces its Toughest Test Yet

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, […]

Read more
Tags:
3Oct

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

Categories: Current Issues Blog
Comments Off on Musk’s Attempt to Undo Twitter’s Payment of Wachtell’s Fee

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 […]

Read more
Tags:
29Sep

ESPN Bets Big with Sportsbook Agreement

Categories: Current Issues Blog
Comments Off on ESPN Bets Big with Sportsbook Agreement

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, […]

Read more
Tags:
21Sep

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

Categories: Current Issues Blog
Comments Off on Murray v. UBS Securities, LLC: Blowing the Whistle on the Second Circuit’s Textual Analysis

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 […]

Read more
Tags:
15Aug

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

Categories: Current Issues Blog Uncategorized
Comments Off on Bruen One Year Later: The State of the Second Amendment and Implications on the Rights of Felons

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 […]

Read more
Tags:
7Aug

Trust, but Verify

Categories: Current Issues Blog
Comments Off on Trust, but Verify

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 […]

Read more
Tags:
4Aug

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

Categories: Current Issues Blog Uncategorized
Comments Off on Safeguarding the System: How State Banking Officials Can Strengthen the Integrity of the U.S. Banking System

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 […]

Read more
Tags:
21Jul

The Trial Penalty: A Punishment for Exercising Your 6th Amendment Rights?

Categories: Current Issues Blog Trial Penalty
Comments Off on The Trial Penalty: A Punishment for Exercising Your 6th Amendment Rights?

Antony Robreno  The Sixth Amendment states that, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”[1] The right to a jury trial is one of the more important protections that our founding […]

Read more
Tags:
21Mar

Decades of Uncertainty: The Time Has Come for the Supreme Court to Resolve the Ambiguity Surrounding Section 524(e) of the Bankruptcy Code

Categories: Current Issues Blog
Comments Off on Decades of Uncertainty: The Time Has Come for the Supreme Court to Resolve the Ambiguity Surrounding Section 524(e) of the Bankruptcy Code

  Nick Tremps For corporate debtors that submit to the bankruptcy process, the Bankruptcy Code (the “Code”) provides significant benefits to the “honest, but unfortunate debtor” that cannot fully perform its debt obligations.[1]  In a case filed under Chapter 11 of the Code, a corporate debtor may file a plan of reorganization with the bankruptcy […]

Read more
Tags:
20Mar

Supreme Court to Review Rogers Test for Parody-of-Trademarks Case, Involving Squeaky “Bad Spaniels” Dog Toy and Jack Daniel’s Tennessee Whiskey

Categories: Current Issues Blog
Comments Off on Supreme Court to Review Rogers Test for Parody-of-Trademarks Case, Involving Squeaky “Bad Spaniels” Dog Toy and Jack Daniel’s Tennessee Whiskey
Comparison of Jack Daniels bottle and Bad Spaniels dog toy

By Cameron Bray On March 22, 2023, the Supreme Court will hear oral arguments[1] in the case of Jack Daniel’s Properties, Inc. v. VIP Products LLC,[2] which will determine the fate of the controversial “Bad Spaniels”[3] rubber dog toy.[4] The Bad Spaniels dog toy was created in 2013 by the Respondent, an Arizona limited liability […]

Read more
Tags:
18Mar

Elon Musk’s Firing Fiasco: Should We Provide Better Protection for Those Affected?

Categories: Current Issues Blog
Comments Off on Elon Musk’s Firing Fiasco: Should We Provide Better Protection for Those Affected?

By Matthew Goldstein In the five months since Elon Musk purchased a 44 billion dollar 100% ownership stake in Twitter,[1] he has committed a series of firings that have had significant negative impacts on the lives of thousands of people.[2] Specifically, Musk has terminated around 5500 of Twitter’s 7500 employees since he became the owner […]

Read more
Tags:
9Mar

Competitive Grant Applications for Allocating State Revolving Funds Need to be Reconsidered to Curb Ongoing Disparate Impact on Marginalized Communities

Categories: Current Issues Blog
Comments Off on Competitive Grant Applications for Allocating State Revolving Funds Need to be Reconsidered to Curb Ongoing Disparate Impact on Marginalized Communities

Grace Kinley The Clean Water State Revolving Funds (CWSRF)  and Drinking Water State Revolving Funds (DWSRF) are the largest sources of federal funding for water infrastructure.[1] The CWSRF provides low-cost financing for water quality infrastructure projects and the DWSRF provides financial assistance to help water systems achieve the objectives of the Safe Drinking Water Act.[2] […]

Read more
Tags:
« Older posts
Newer posts »
« Older posts
Newer posts »