Wake Forest Law Review

9Jan

Wisdom, Not Noise: The Law Professor as Policy Influencer

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David S. Levine* Introduction  Donald Trump’s election as President of the United States has caused many academics from across the political spectrum to reconsider their research agendas, including whether and how they can play a larger and more direct role in policy debates.[1] For example, a Facebook[2] group titled the “11/9 Coalition” focused on the […]

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31Oct

Justice Kennedy’s Surprising Vote and Opinion in Fisher v. University of Texas at Austin

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Ronald Turner* Introduction Abigail Fisher graduated from Stephen F. Austin High School in Sugar Land, Texas and applied for admission to the fall 2008 entering class at the University of Texas at Austin. As she did not graduate in the top ten percent of her high school class, Fisher was not guaranteed admission to UT […]

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30Sep

Systems Science and the Supreme Court

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Alan Calnan* Introduction Few people would dispute that appointing and confirming a Supreme Court Justice is a delicate and complex process. President Obama’s nomination of federal judge, Merrick Garland, certainly proves the point.[1] Yet Obama’s challenges do not stem solely from his predicament as a lame-duck leader facing a recalcitrant Congress. The complexities here are […]

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20Apr

High-Frequency Traders: A Plan to Eliminate the Abuses Without Losing the Benefits

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John Sanders* On the afternoon of May 6, 2010, the Dow Jones Industrial Index (“Dow”), perhaps the most widely followed stock index in the world, fell 1,000 points in a matter of minutes.[1] As the fall quickened, “the sell-off seemed to overwhelm computer and human systems alike.”[2] Shares of Procter & Gamble fell nearly 40 […]

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30Mar

Killer Robots; An Apologia

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Thomas E. Simmons∗ The more decisive a weapon is The more surely it will be used, And no agreements will help. JOHN ADAMS, DOCTOR ATOMIC Act I (2005) (libretto by Peter Sellars) Introduction In Forrest Gump, Gary Sinise played the character of Lieutenant Dan Taylor, a physically and psychologically wounded Vietnam War veteran.[1] In the […]

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29Feb

Is Domain Name Classification a Property Right or a Contractual Right? The Circuit Split and a Clear Path Forward

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Nicholas Foss Barbantonis* Introduction There is an ongoing controversy as to whether re-registration of domain names constitutes registration within the meaning of the Anti-Cybersquatting Consumer Protection Act (ACPA).[1]  The Eleventh Circuit recently held in Jysk Bed’N Linen v. Dutta-Roy that re-registration of domain names constitutes a registration.[2]  In doing so, it rejected the Ninth Circuit’s […]

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19Oct

Has the Increased Cost of Law School Improved Legal Education?

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Paul Campos* Over the past several decades, the cost of legal education has increased at a dizzying rate, far outpacing even the rapid rise in the cost of higher education in general.[1]  Average resident tuition at public ABA law schools grew from $716 per year in 1974 to $24,946 per year in 2014.[2]  For private […]

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30Sep

Will the Real Justice Scalia Please Stand Up?

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Eric J. Segall* How will history judge Justice Antonin Scalia?  He is well-known for scathing dissents and fiery rhetoric as well as his strong advocacy for textualism and originalism.  His constant public rant that the Constitution is “dead, dead, dead”[1] has become a mantra for his textual and historical approach to constitutional law.  For example, […]

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16Apr

Peremptory Strikes Based on (Perceived?) Sexual Orientation: Jury Selection After United States v. Windsor

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Caroline Massagee* Introduction [TRIAL ATTORNEY]: He is gay. THE COURT: How do you know that? [TRIAL ATTORNEY]: . . . I listened to his answers.  I watched his mannerisms.  I believe him to be gay . . . . . . . . THE COURT: First, this gentleman does not fit into a category of persons protected by Batson.  There is no way the Court can […]

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31Mar

Vaccines, Measles, and Rights

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Dorit Rubinstein Reiss* Between the beginning of 2015 and February 20, 2015, 154 people in the United States were reported to have measles.[1] Most, though not all, were linked to an outbreak that started in Disneyland, California; and California had the largest share of cases.[2] In a country of over 300 million inhabitants, this appears […]

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27Feb

The Cyber Threat: Clients’ Increasing Demand for Security and What it Means for Lawyers

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Ellen Murphy* POSTED Lawyers, you are hereby on notice: cyber threats are real; the legal profession is not exempt (and is, in fact, a direct target). Your duty to protect client confidential information is harder to satisfy than ever before. Introduction: The Threat Cyber threats may be the hottest news story no one is actually […]

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