Recent Articles

COVID-19 and the Continuing Asian American Moment: Narratives from the Midwest

Ilhyung Lee, 10 Wake Forest L. Rev. Online 149 (2020)
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COVID-19 and the Continuing Asian American Moment: Narratives from the Midwest

Causal Proof in the Pandemic

Betsy J. Grey, 10 Wake Forest L. Rev. Online 124 (2020)
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Causal Proof in the Pandemic
The Fault in In Pari Delicto: How Illegality Bars and Moral Culpability Collide with Tort Law

James W. Sprague, 10 Wake Forest L. Rev. Online 107 (2020)
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The Fault in In Pari Delicto: How Illegality Bars and Moral Culpability Collide with Tort Law

20Jan

Sharing is Caring: H-2B Visa Portability as the Lasting Solution to Temporary Problems

Categories: Current Issues Blog

Makenzie Taylor Each year, 66,000 H-2B visa guest workers enter the United States to perform nonagricultural temporary and seasonal jobs[1] in industries such as forestry, landscaping, hospitality, seafood processing, and construction.[2] The workers typically perform “relatively low-skilled” jobs and often work in “geographic areas where the number of available U.S. workers is limited.”[3] They comprise […]

Tags: Employee Employment Law H-2B Visa Immigration immigration law seasonal workers visa portability

16Jan

The “Hack Back” Bill: A Necessary Defense Mechanism, or a Precipitous Disaster?

Categories: Current Issues Blog

Kristin J. Rempe The Active Cyber Defense Certainty Act—colloquially known as the “Hack Back” bill— was first introduced in 2017[1] and reintroduced in 2019.[2] The bipartisan bill seeks to amend the Computer Fraud and Abuse Act (“CFAA”).[3] Under the CFAA, it is illegal to knowingly or intentionally access another computer without authorization or to exceed […]

Tags: cyber attack Cyber Law dara security hack back bill hacking privacy law

14Jan

Religion in a Pandemic: The Supreme Court’s Free Exercise Jurisprudence in the COVID-19 Era

Categories: Current Issues Blog

Blake Davis The COVID-19 pandemic has upended the way Americans engage in their weekly religious practices.[1] As with every other area of American life, religious organizations have become accustomed to providing socially distanced services and complying with both federal and state guidelines for safe worship experiences.[2] As churches, synagogues, and mosques have transitioned to servicing […]

Tags: Constitutional Law COVID-19 free exercise clause pandemic Religion religious freedom

15Dec

To Pack or Not to Pack The Court? A Closer Look at Both Arguments

Categories: Current Issues Blog

On November 25, the United States Supreme Court issued a five to four opinion enjoining New York Governor, Andrew Cuomo, from implementing a COVID-19 restriction which would limit religious services to gatherings of no more than ten people.[1] The deciding vote? Newly appointed Justice Amy Coney Barrett.[2] Joining Justice Barrett in the unsigned opinion were […]

Tags: Amy Coney Barrett Congress court packing Democrat Republican Supreme Court

11Dec

Shots for All? The Legal Background and Implications of Mandating Flu Vaccines on College Campuses

Categories: Current Issues Blog

Shannon Porterfield Due to the recent outbreak of SARS-CoV-2 (“COVID-19”), colleges and universities across the United States (“U.S.”) are requiring students to get vaccinated against the flu and submit documentation of such immunization to return to campus for the coming spring semester.[1] As the rates of flu immunizations among Americans are typically low without mandates, […]

Tags: constitution COVID-19 flu vaccine vaccine mandate

7Dec

Don’t Frack with Our Water: The Colorado Water Crisis

Categories: Current Issues Blog

Tim Maguire Water is imported, exported, bought and sold, and transported intrastate, interstate, and internationally.[1] It has powered the transportation industry and empowered manufacturing. Disagreements over its use and misuse have led to armed conflicts and even war.[2] With respect to its vitalness, it is equally as precious to other natural resources such as oil, […]

Tags: Colorado Colorado River conservation conservation law Environmental Law natural resource law potable water rebate programs water water conservation water crisis watershed

4Dec

Georgia Runoff Election and the Debate Over Voter Fraud

Categories: Current Issues Blog

Rebecca Paulus “The management of Georgia elections has become an embarrassment for our state. Georgians are outraged, and rightly so.”[1] This scathing condemnation originates from a joint statement issued by Senators David Perdue and Kelly Loeffler, demanding that Georgia Secretary of State Brad Raffensperger resign because he “has failed to deliver honest and transparent elections.”[2] […]

Tags: election Georgia runoff election voter fraud voting

16Nov

COVID-19 AND THE CONTINUING ASIAN AMERICAN MOMENT: NARRATIVES FROM THE MIDWEST

Categories: Online

10 Wake Forest L. Rev. Online 149 (Opens PDF in new tab) Ilhyung Lee* The COVID-19 pandemic drastically affected the operations and daily routines of the university and college town that have been my home for the past twenty-two years. In mid-March 2020, the University of Missouri (“MU”),[1] in Columbia, Missouri, suspended all in-person classes […]

Tags: Asian Americans COVID-19 Race Discrimination

31Oct

CAUSAL PROOF IN THE PANDEMIC

Categories: Online

10 Wake Forest L. Rev. Online 124 Betsy J. Grey* I. Introduction Business owners and politicians have raised the specter of a flood of civil lawsuits arising out of the pandemic.[1] Most of these suits will likely be commercial in nature, and very few personal injury lawsuits have been filed against businesses since the pandemic […]

Tags: Causation Civil Litigation COVID-19 Tort Worker's Compensation

29Oct

Back Against the Wall: Are Section 230’s Days Numbered?

Categories: Current Issues Blog

By Alexander F. Magee The internet has long been championed as a marketplace of ideas that fosters unprecedented access to different viewpoints and mass amounts of information and media. At least in the eyes of some, Section 230 of the Communications Decency Act (“CDA”)[1] is largely responsible for the internet gaining that reputation, and the […]

Tags: Executive Order First Amendment Internet statutory interpretation

27Oct

Love Is Not Tourism: The Safe Reunion of Unmarried Partners and Families in the Face of International Travel Bans

Categories: Current Issues Blog

By Adrian E. Simioni The continued closure of international borders in response to the COVID-19 pandemic has had devasting economic effects on trade, tourism, and service industries across the globe.[1] However, one overlooked, entirely human effect has been the profound impact of border closures on unmarried couples and families residing in different countries. Their designation […]

Tags: Borders COVID-19 International Law United Nations

22Oct

Sleeping While Black: Breonna Taylor, No-Knock Warrants, and the Need for Reform

Categories: Current Issues Blog

By Itané O. Coleman On November 21, 2006, Kathryn Johnston was ninety-two. Police entered her home. They shot her six times. Killing her.[1] On May 16, 2010, Aiyana Jones was seven. Police entered her grandmother’s home. They shot the child while sleeping. Killing her.[2] Though Black men are often the face of police violence for […]

Tags: Breonna Taylor Constitutional Law Police Race Discrimination search warrant Women

20Oct

Chasing Equality: Is Caster Semenya’s Battle Against the IAAF Really Over?

Categories: Current Issues Blog

By Kelsey E. Rector South African runner Caster Semenya is a two-time Olympic gold medalist and has dominated track events like the 800 meter and other mid-distance races over the last decade.[1] All her life, Semenya has been questioned about her sex, especially with respect to competing as an elite female track athlete.[2] Her performance […]

Tags: gender International Law Sports sports law Women

15Oct

TikTok, Inc. v. Trump: Can TikTok’s U.S. Operations Last?

Categories: Current Issues Blog

By Christopher R. Taylor On August 6th, President Trump issued Executive Order 13,942 (“TikTok Prohibition Order”) prohibiting transactions with ByteDance Ltd. (“ByteDance”), TikTok’s parent company, because of the company’s data collection practices regarding U.S. users and its close relationship with the Peoples Republic of China (“PRC”).[1] Eight days later President Trump issued a subsequent order […]

Tags: Administrative Law Donald Trump social media Social Networking TikTok

13Oct

How Losing Football Coaches Stand to Gain from the NCAA’s Decision to Waive Bowl Eligibility Requirements

Categories: Current Issues Blog

By Jonathan Carter The 2020–21 NCAA football season is shaping up to be much different than seasons past,[1] and a recent rule change recommended by the NCAA Division I Football Oversight Committee (“Oversight Committee”) could result in coaches with losing records benefiting from the disarray.[2] Due to COVID-19, currently only 112 of the 130 total […]

Tags: college sports Contracts sports law

8Oct

Knight Institute v. Trump: The Battle for the Block Button Continues

Categories: Current Issues Blog

By Gabriel L. Marx Donald Trump is once again at the center of a legal dispute. The Forty-Fifth President of the United States has been no stranger to legal controversies during and before his presidency,[1] but the latest update in Knight First Amendment Institute at Columbia University v. Trump[2] has President Trump petitioning for a […]

Tags: Donald Trump First Amendment social media Social Networking Supreme Court

6Oct

Doubling the Draft: The Beginning of the End for the All-Male Selective Service System

Categories: Current Issues Blog

By Ashley Willard As it stands, the Military Selective Service Act (“MSSA”) only impacts males.[1] The MSSA gives the President authority to issue a proclamation requiring all male citizens and most male noncitizen residents between the ages of eighteen and twenty-six to register with the Selective Service.[2] The current registration period began when President Carter […]

Tags: Constitutional Law Military Women

1Oct

Bush v. Gore 2.0? Why the November Election Could Turn on a 6-3 Court

Categories: Current Issues Blog

By Jacqueline K. Winters On Sept. 26, less than two months before the election, President Donald Trump announced Amy Coney Barrett as his nominee for the Supreme Court.[1] Considering Senate Majority Leader Mitch McConnell’s plans to swiftly move forward with the confirmation process and begin hearings on Oct. 12, it is likely that the Senate […]

Tags: Donald Trump Elections Joe Biden Supreme Court

29Sep

Repairing our National Parks and the Implications of the Great American Outdoors Act

Categories: Current Issues Blog

By Davis LaBarre In the midst of a global pandemic, the one bright spot for many has been spending time outdoors. Increased travel restrictions and cancelled overseas trips have led to packing up the car to visit the beautiful parks our own country has to offer.[1] This summer, Congress passed the Great American Outdoors Act, […]

Tags: fund Legislature National Parks Natural Resources

26Sep

The Fault in In Pari Delicto: How Illegality Bars and Moral Culpability Collide with Tort Law

Categories: Online

10 Wake Forest L. Rev. Online 107 James W. Sprague I. Introduction In the summer of 2002, a Union Pacific Railroad conductor, Arnulfo Flores, agreed to transport ten Mexican nationals across the Mexican-American border undetected.[1] When the nationals arrived on the railroad’s property, Flores ushered them into a large metal railway car and sealed them […]

Tags: apportionment of liability comparative fault fault apportionment in pari delicto opioid Torts wrongful acts doctrine wrongful conduct rule

24Sep

Bostock’s Aftermath: Textual Similarity in Federal Statutes Provides Opportunity for Huge Step Forward in LGBTQ+ Rights

Categories: Current Issues Blog

By Zeliang Mike Liu On June 15, 2020, the Supreme Court issued a landmark 6-3 decision stating that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits an employer from firing an individual for being homosexual or transgender.[1] The question came to the court through three different cases: Bostock v. Clayton County, […]

Tags: Affordable Care Act Civil Rights Fair Housing Act LGBTQ Supreme Court Title IX Title VII

22Sep

Fake Cures and Real Law: Analyzing the Legal Implications of ‘DIY’ COVID Vaccines

Categories: Current Issues Blog

By Megan M. Neal As the public tracks the development of a viable SARS-CoV-2 (“COVID-19”) vaccine, there has been rampant proliferation of fake COVID-19 cures. Indeed, the Food and Drug Administration (“FDA”) has identified a host of products fraudulently marketed to diagnose, treat, or cure COVID-19.[1] Many of these products are faulty, but relatively harmless: […]

Tags: COVID-19 Drugs Medical Malpractice

17Sep

The Catch-22 of the COVID-19 Remote Workforce: A Payroll, Income, and Unemployment Tax Nightmare

Categories: Current Issues Blog

By Alex Lewis Working remotely has become the new normal, and it may stay that way after COVID-19.[1] Although many professionals enjoy the safety, freedom, and flexibility that comes with remote work, a potential tax nightmare may be around the corner for some in 2021. If employees did not switch over their withholding once […]

Tags: coronavirus Employment Law tax code tax law

19Aug

Raising the Age and Raising the Budget: Why North Carolina’s Juvenile Justice Reinvestment Act Requires Full Funding

Categories: Online

Since 1919, North Carolina had treated its sixteen- and seventeen-year-old offenders as adults. On December 1, 2019, after one-hundred years of this misguided system, North Carolina finally raised its age of juvenile jurisdiction to eighteen.

Tags: Criminal Law Juveniles North Carolina

24Apr

U.S. Jails & Prisons Poorly Positioned to Prevent COVID-19 Spread

Categories: Current Issues Blog

By Amanda Manzano The rapid spread of COVID-19 has disrupted business as usual across the globe and created a “new normal” for human social behavior; a normal that U.S. prisons and jails as we know them do not have the luxury, or ability, to implement. Physical distancing in public, self-isolation, and the use of face […]

Tags: COVID-19 Criminal Law Criminal Procedure Prisoner Civil Rights

21Apr

“Life, uh, Finds A Way”: Is the Political “Horse Race” the Next Great American Sport?

Categories: Current Issues Blog Uncategorized

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 […]

Tags: COVID-19 Elections Gambling Politics Sports

17Apr

Can He Do That? President’s Executive Order Encourages Mining on Moon, Asteroids

Categories: Current Issues Blog

By Chris Flurry President Donald Trump issued an Executive Order on Apr. 6, 2020, with potentially out-of-this-world implications.[1] The order encourages the U.S. and international communities – public and private – to support the exploration, recovery, and use of extraterrestrial resources.[2] While the order may seem to come at a surprising time,[3] it has reportedly […]

Tags: Donald Trump Executive Order Mining Moon Space Law

8Apr

COVID-19: N.C. Governor’s Order Enables Remote Shareholder Meetings During Pandemic

Categories: Current Issues Blog

By Matthew Hooker For the duration of the COVID-19 emergency, North Carolina corporations may conduct shareholders’ meetings completely via remote communication technology, pursuant to an executive order by Governor Roy Cooper.[1] This order temporarily resolves an ambiguity in the North Carolina Business Corporation Act pertaining to remote participation in shareholders’ meetings, allowing North Carolina corporations […]

Tags: Business Law Business Organizations Corporate Governance COVID-19 North Carolina

5Apr

COVID-19 Stimulus Package: What CARES Act Rebates Mean for Immigrants

Categories: Current Issues Blog

By Agustin Martinez Across the globe, the COVID-19 pandemic has devastated many lives,[1] including those of immigrants living in the United States.[2] U.S. Citizenship and Immigration Services (“USCIS”) recently announced that it “will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of a public […]

Tags: COVID-19 Federal Regulation Immigrant Immigration tax code tax law

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