Wake Forest Law Review

3Jun

The Changing Landscape of AI Regulation in the United States: Gonzalez v. Google and its Effects

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15 Wake Forest L. Rev. Online 46 William Gilchrist Enacted as part of the Telecommunications Act of 1996, section 230 of the Communications Decency Act was originally introduced to shield children from inappropriate content online.[1] Despite being passed for a relatively limited purpose, section 230’s broad liability protections for interactive computer services have since been […]

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5May

Fuller House: The Three-Parent Family in North Carolina

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15 Wake Forest L. Rev. Online 25 Trinity J. Chapman “The family, that dear octopus from whose tentacles we never quite escape, nor in our innermost hearts never quite wish to.” – Dodie Smith, Dear Octopus. Introduction “The first bond of society is marriage; next, children; and then the family.”[1] There is no doubt that […]

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18Mar

GOOD-FAITH FILINGS, SOLVENT DEBTORS, AND THE BANKRUPTCY CLAUSE

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15 Wake Forest L. Rev. Online 1 Nicholas R. Rader Introduction Corporations may, as a result of their operations, incur substantial contingent liabilities that diminish their enterprise value.[1] In some cases, these contingent liabilities take the form of mass tort judgments, which threaten to drag corporations into protracted, complex litigation in diverse forums with potentially […]

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9Dec

Is Progressive Criminal Justice Reform Fair, Just, and Equitable?

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14 Wake Forest L. Rev. Online 124 Paul H. Robinson[1] & Jeffrey Seaman[2] Introduction Progressive criminal justice reform has gained remarkable power in recent years. A wave of laws, such as California’s Proposition 47,[3] has reduced the punishment for many crimes,[4] downgraded felonies to misdemeanors,[5] and decriminalized previous offenses.[6] Bail requirements have been all but […]

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13Nov

Palmer v. Amazon: A Case Study In Textualism And The Fixed-Meaning Canon

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14 Wake Forest L. Rev. Online 112 Michael Showalter[1] Introduction A recent Second Circuit panel failed to heed the fixed-meaning rule of statutory interpretation, and its flawed opinion highlights the rule’s importance to the rule of law. In Palmer v. Amazon, the Second Circuit held that New York’s workers-compensation exclusivity does not reach suits for […]

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12Aug

Against “the Huddleston Test”

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14 Wake Forest L. Rev. Online 99 Dora W. Klein[1] “To determine whether evidence is admissible under Rule 404(b), the Huddleston test applies . . . .”[2] Introduction Many courts—mostly federal, but also some state courts—are misapplying the United States Supreme Court’s decision in the 1988 case United States v. Huddleston.[3] These courts have used a single paragraph of […]

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1Apr

Alternative Litigation Finance and the Work-Product Doctrine

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By Grace M. Giesel* Introduction The United States judicial system is in the midst of great and fundamental change with regard to the funding of litigation.  Historically, parties financed litigation out of their own literal or figurative pockets or, perhaps, with the assistance of some sort of contingent fee representation.[1]  Third-party financing of litigation was frowned upon, […]

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1Apr

Regulating Data Mining Post-Sorrell: Using HIPAA to Restrict Marketing Uses of Patients’ Private Medical Information

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By Beverly Cohen* Introduction On June 23, 2011, the United States Supreme Court, in Sorrell v. IMS Health Inc.,[1] determined that Vermont’s law prohibiting pharmacies from selling prescription data to “data-mining companies” violated the Free Speech Clause of the First Amendment.[2]  Data miners purchased the prescription data to aggregate and resell it to pharmacy manufacturers for marketing purposes.[3]  […]

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1Apr

Knowledge in the People: Rethinking “Value” in Public Rulemaking Participation

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By Farina,* Epstein,** Heidt,*** Newhart,**** and CeRI***** Introduction Why is it . . . that in the middle of listening to someone give their side of a problem I have a natural inclination to make a list, to break their story down into parts such as issues and concerns? But, when I ask them about issues, […]

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1Apr

Time to Stand: Exploring the Past, Present, and Future of Nonhuman Animal Standing

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By Emma A. Maddux Introduction In November 1983, two-year-old baby Tilikum was torn from his family near Iceland and sold to an entertainment enterprise. He was forced to perform eight times a day, seven days a week and he shared a small metal compartment with two other captives. Tilikum has been attacked several times; he has […]

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1Apr

Kentucky v. King: The One Where the Supreme Court Dishonors the Warrant Requirement in Drug Cases

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By Elizabeth Sargeant The Constitution protects each of us from unreasonable searches and seizures.[1] Police officers may not enter our homes without a warrant issued by a neutral magistrate on a showing of probable cause.[2] This procedural safeguard may be overlooked, however, when exigent circumstances arise and make a warrantless search reasonable.[3] Exigent circumstances include emergency, […]

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