Wake Forest Law Review

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28Sep

Harper v. Hall and State Courts as Politically Accountable Actors

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  13 Wake Forest L. Rev. Online 42 Brandon J. Johnson[1] Introduction The North Carolina Supreme Court’s recent decision to reverse course on partisan gerrymandering has garnered national attention.[2] In the court’s third opinion issued in Harper v. Hall,[3] (“Harper III”) a newly elected 5-2 conservative majority of the state supreme court overruled the first […]

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21Sep

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

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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 […]

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15Aug

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

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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 […]

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7Aug

Trust, but Verify

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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 […]

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4Aug

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

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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 […]

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21Jul

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

Categories: Current Issues Blog Trial Penalty
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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 […]

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28May

“High” Expectations for the Veterans Medical Marijuana Safe Harbor Act, But Not High Enough

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13 Wake Forest L. Rev. Online 14 I. Introduction Though the use of marijuana has been a very fiercely debated and divisive issue in the United States for nearly a century, the evolution of culture and developments in science have led to rapid shifts in public opinion about the use of marijuana for both recreational […]

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3Apr

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

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Securities and Exchange Logo

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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21Mar

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

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  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 […]

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20Mar

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

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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 […]

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18Mar

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

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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 […]

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9Mar

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

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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] […]

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