Wake Forest Law Review

3Apr

Silent Treatment: The Increase in Confidential Treatment Redactions in SEC Filings

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13 Wake Forest L. Rev. Online 1 Mark T. Wilhelm[*] & Michael T. Byrne[**] Publicly traded companies in the United States are required to disclose a significant amount of information to the public in order to comply with applicable securities laws.[1] While at times those disclosure requirements are rather rigid, there are many circumstances in which […]

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22Nov

The Sixth Circuit Joins the Split: Higher Education Freedom of Speech and the Breadth of Academic Freedom Remain in Limbo

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12 Wake Forest L. Rev. Online 111 INTRODUCTION No one wonders about the strength of the First Amendment’s speech protections with the same level of intensity as someone who has just uttered an unpopular opinion or statement. Growing up, school children often defend their words by alleging that in the United States, we can say […]

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29Mar

Limiting the Rule of Lenity

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12 Wake Forest L. Rev. Online 45 Joshua S. Ha* “The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself.”[1]  That is how Chief Justice Marshall described the rule of lenity in United States v. Wiltberger.[2]  The doctrine is rooted in seventeenth-century England, where it arose […]

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28Feb

THE SCARLET LETTER: NORTH CAROLINA, GIGLIO, AND THE INJURY IN SEARCH OF A REMEDY

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12 Wake Forest L. Rev. Online 24 Jeffrey Steven McConnell Warren, Esq.* In North Carolina, a law enforcement officer’s career can be over with the stroke of a prosecutor’s pen.  Cloaked in prosecutorial immunity, district attorneys enjoy a little-known power to decide that a law enforcement officer’s character for truthfulness is materially impaired and that […]

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31Jan

Mandatory Reassignment Under the Americans With Disabilities Act: The Fourth Circuit Weighs In

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12 Wake Forest L. Rev. Online 1 Introduction The Americans with Disabilities Act (“ADA” or “the Act”)[1] celebrated its thirtieth anniversary in 2020.[2]  The Act, which was signed into law by President George H.W. Bush, was enacted to eliminate discrimination against individuals with disabilities, especially in critical areas of life like employment.[3]  With the ADA’s […]

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22Nov

THE PARIS AGREEMENT COMPLIANCE MECHANISM: BEYOND COP 26

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11 Wake Forest L. Rev. Online 147 Imad Antoine Ibrahim,* Sandrine Maljean-Dubois,**& Jessica Owley*** Without an international tribunal or tools like trade sanctions, there is little to coerce or encourage adherence with environmental treaties.  The Paris Agreement, the governing global agreement to address climate change, relies on voluntary global cooperation.  Countries determine their own commitments […]

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25Oct

BUILT TO FAIL: THE INHERENT FRAGILITY OF ALGORITHMIC STABLECOINS

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11 Wake Forest L. Rev. Online 131 Dr. Ryan Clements* Algorithmic stablecoins are inherently fragile.  These uncollateralized digital assets, which attempt to peg the price of a reference asset using financial engineering, algorithms, and market incentives, are not stable at all but exist in a state of perpetual vulnerability.  Iterations to date have struggled to […]

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29Sep

Pledge to End Hazing

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11 Wake Forest L. Rev. Online 111 Gregory S. Parks* Introduction Hazing has been a persistent issue for centuries.[1]  Little empirical research, or research drawing on empirical data, has been conducted on what would meaningfully curtail it.  Researchers have agreed, however, that among the necessary hazing prevention factors are: (1) organizational leadership;[2] (2) more certainty […]

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1Sep

LITIGATING OPIOID ADDICTION AS ORGANIZED CRIME: AN ANALYSIS OF PROXIMATE CAUSE AND PHARMACEUTICAL MISREPRESENTATION UNDER RICO

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11 Wake Forest L. Rev. Online 93 (2021) Introduction In 2018, 128 people died every day from an opioid overdose, twenty-five percent of patients misused opioids prescribed for chronic pain, and approximately 1.7 million people developed a substance use disorder directly from prescription opioid use.[1]  The effects were so devastating that the opioid epidemic was […]

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9Jun

WILL THE SUPREME COURT RECOVER ITS OWN FUMBLE? HOW ALSTON CAN REPAIR THE DAMAGE RESULTING FROM NCAA’S SPORTS LEAGUE EXEMPTION

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11 Wake Forest L. Rev. Online 70 Alan J. Meese* I. Introduction        Horizontal restraints are unlawful per se unless a court can identify some redeeming virtue that such restraints may create.  In National Collegiate Athletic Association v. Board of Regents of the University of Oklahoma (“NCAA”),[1] the Supreme Court rejected this standard, refusing to […]

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