14 Wake Forest L. Rev. Online 69 Introduction Since its founding, our nation has highly valued the freedom of speech. The Founders sought to ensure robust free speech protection, recognizing “an inalienable natural right to express one’s thoughts.” [1] In writing the founding documents, the Drafters emphasized the rights to write, speak, and publish as […]

By Clay Shupak State constitutions are not replicas of the United States Constitution: they are independent guarantors of liberty.  The North Carolina Supreme Court will soon decide two cases that could increase protections for economic liberty across the state, Singleton v. North Carolina Department of Health and Human Services[1] and Kinsley v. Ace Speedway Racing […]

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 […]

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 […]

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 […]

By Sam Kiehl Anytime you are stuck in a relationship that you want out of, it’s tough. But that’s especially so when you’re only five hundred twenty-six days into a nineteen-year contract with an embattled cryptocurrency exchange that allegedly used customer funds to make risky trades and reportedly owes creditors more than $3 billion.[1]  Fortunately […]

Burdens of Production As Unproductive R. George Wright[1]* Introduction The placement of a legal burden of proof can be decisive as to the outcome of a case.[2] Considerations of cost, fairness, and pragmatism normally play a role in allocating burdens of proof.[3] Often, burdens of proof—particularly burdens of producing evidence on specific issues—are shifted between […]

By Laura Merriman Over the twenty-year war in Afghanistan, tens of thousands of Afghan nationals risked their lives to assist the US.[1]  In exchange, the US offered them a humanitarian visa known as a Special Immigrant Visa (“SIV”), to safely resettle in the US as lawful permanent residents.[2]  However, as the US began withdrawing from […]

By Hanna Diamond I. Introduction Nona Gaprindashvili, “a pioneer of women’s chess,” is making the first move and suing Netflix over a false statement made in the Netflix series, The Queen’s Gambit (the “Series”). [1]  The Series was based on a fictional novel, The Queen’s Gambit (the “Novel”),[2] about an “American chess prodigy Beth Harmon,” […]

By Jacob Winton On July 20, 2021, Senators Bernie Sanders (I-Vt.), Chris Murphy (D-Conn.), and Mike Lee (R-Utah) introduced the National Security Powers Act of 2021[1] (“NSPA”), a bipartisan bid to reign in the war powers of the Executive Branch.  The bill, which would impose substantial limitations on presidential power,[2] would allow “Congress [] to […]

By: Ashley Oldfield (Wake Forest School of Law alumnus) In Niz-Chavez v. Garland,[1] the Supreme Court of the United States addressed, for the second time, what constitutes a notice to appear under 8 U.S.C. § 1229(a)(1).[2] In doing so, the Court may have also resurrected challenges to an immigration court’s jurisdiction which first arose following […]

By Alexander S. Boros So far, 2020 has felt like an eternity and yet we are just four months in.  The spread of COVID-19 has turned the entire world upside down and has transformed the economy in a way we have never seen before.  One of the more interesting twists of fate in the midst […]