Wake Forest Law Review
13Sep

The Fight over a Four-Letter Word

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By Laura Jordan A few years ago, the federal government dissected a certain four-letter word.[1] It was prodded to see if it would “shock . . . the sense of truth, decency, or propriety” of the American public.[2] It was weighed to determine if it would “giv[e] offense to the conscience or moral feelings.”[3] And […]

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10Sep

Will Loss of Chance Doctrine Lose its Chance in North Carolina?

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by Paul Fangrow Loss of chance is a hot topic in recent American medical malpractice law. In states where it is accepted, loss of chance is a cause of action in medical malpractice cases that asserts a physician’s negligence reduced a patient’s chance for a better outcome or increased their risk of future harm, when […]

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6Sep

Of Subtweets and Bedbugs: Libel in the Age of Social Media

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By Greg Berman Controversy erupted last week after a George Washington University professor, Dave Karpf, tweeted a joke at New York Times columnist Bret Stephens’s expense.  Quoting an 8-word post about a bedbug infestation in the Times’ newsroom, Karpf joked that “[t]he bedbugs are a metaphor.  The bedbugs are Bret Stephens.”[1]  Although this tweet did […]

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4Sep

As Free as a Bird: The Middle Finger and the First Amendment

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By Michael Johnston When Shawn Ellis extended his middle finger while riding in the passenger seat of a vehicle on U.S. Highway 52, he likely did not know that he would become involved in the latest of a string of appellate cases on the First Amendment. The First Amendment provides that “Congress shall make no […]

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4Sep

“This Case Is Not Close”: Three-Judge Panel Enjoins Use of 2017 North Carolina Legislative Maps as Partisan Gerrymanders

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By Samuel Gilleran In a sweeping, 357-page ruling released yesterday afternoon, a three-judge panel of North Carolina Superior Court judges unanimously held that partisan gerrymandering violates multiple provisions of the North Carolina Constitution,[1] including the Equal Protection Clause,[2] the Free Elections Clause,[3] and the Freedom of Speech and Freedom of Assembly Clauses.[4] The panel then […]

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3Sep

Not Our Job? North Carolina’s Judicial Branch Weighs in on Partisan Gerrymandering in State Legislative Districts

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By Matt Deorocki As the 2020 census and election cycle draws ever closer, some North Carolinians are looking to the state’s court system to provide guidance on the constitutionality of partisan gerrymandering in Common Cause v. Lewis. Since filing its original complaint on November 13, 2018, Common Cause, a non-profit, “nonpartisan democracy organization with over […]

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31Aug

Eradicating the Label “Offender” from the Lexicon of Restorative Practices and Criminal Justice

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9 Wake Forest L. Rev. Online 53 Lynn S. Branham* This Essay enumerates three reasons for abandoning the prevailing practice of utilizing the label “offender” when referring to a person who has committed a crime.  The Essay next identifies and debunks reasons that have been cited for persisting in referring to a person as an […]

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30Aug

Merge or Not to Merge?

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By: Corinne Spencer Many legal analysts and business reporters anticipated a wave of bank mergers in the near future,[1] and when BB&T and SunTrust announced plans to merge in February 2019, these analysts believed their predictions finally began to materialize.[2]  The BB&T and SunTrust merger is recognized as the “largest bank merger in more than […]

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27Aug

North Carolina is All-in on Sports Betting

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By Alexander S. Boros             With the passage of recent legislation, North Carolina is about to place a safe bet that could have a huge payoff.  As government spending has ballooned, states have increasingly been on the lookout for new opportunities to raise revenue.  In the aftermath of the Supreme Court of the United States’ […]

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29Apr

“May be Unlawful”: Ambiguities Surrounding Federal and State Limits on Firearm Possession by Domestic Abusers in North Carolina

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9 Wake Forest L. Rev. Online 41 Lanie Summerlin* I. Introduction Approximately one in three women and one in four men experience physical violence carried out by an intimate partner.[1] Moreover, about one in seven women and one in twenty-five men have been physically injured by the violence of an intimate partner.[2] For victims,[3]domestic violence […]

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31Mar

Weaponizing FERPA: The Curious Case of DTH Media Corp. v. Folt

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9 Wake Forest L. Rev. Online 21 Alexander W. Prunka* I. Introduction In the era of the #MeToo movement, there has been a dramatic push to name names and expose individuals accused of sexual misconduct and harassment across the world.[1] Before Harvey Weinstein was first accused and the #MeToo movement stormed onto the scene, though, […]

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