Wake Forest Law Review

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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27May

“Reverse Divisibility” and “Subsequent Modification”: Expanding the Scope of Justified Non-Performance in Multiple Contract Situations

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14 Wake Forest L. Rev. Online 92 Gregory Scott Crespi[1] Introduction Parties to a contract sometimes invoke divisibility arguments in an attempt to recharacterize the contract as being two or more separate contracts. This is often done in order to limit the justified non-performance consequences of a breach of contract on their part. This short […]

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1Apr

The Memorandum Heard Around the College Athletics World: Why Student-Athletes in Non-Revenue-Generating Sports Should not Enjoy the Status of “Employee” Under the NLRA

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14 Wake Forest L. Rev. Online 47 Nick Tremps Introduction Over the past few decades, one particular legal issue has permeated throughout collegiate athletics. At the forefront of every collegiate student-athlete’s mind in recent years is the question: “should I be getting paid for this?” Or, at the very least, should they be receiving more […]

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19Mar

SEC V. Jarkesy: How the Supreme Court Can Have its Cake and Eat it Too

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14 Wake Forest L. Rev. Online 20 C. Isaac Hopkin Introduction This Note begins with the story of two investment managers. Manager One was an investment manager in Texas who oversaw funds exempt from registration with the Securities and Exchange Commission (“SEC” or the “Commission”).[1] Manager One set up two private investment partnership funds that […]

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7Feb

From Tax-Exemptions to Title IX: Independent Schools and the § 501(c)(3) Conundrum

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14 Wake Forest L. Rev. Online 1 Sam Kiehl[1]* Introduction Should an independent school that maintains a § 501(c)(3) tax-exempt status be obligated to comply with Title IX? The answer comes down to how you define “federal financial assistance.”[2] Two recent federal court decisions from opposite ends of the country came out four days apart […]

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30Nov

Much Ado About Something: The Foreseeability Problem in Breach of Contract Claims Arising out of International Economic Sanctions

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13 Wake Forest L. Rev. Online 59 Clare Magee Introduction Russia’s 2022 invasion of Ukraine catalyzed a waterfall of political and economic upheaval across a world already reeling from the continuing COVID-19 pandemic. According to the World Bank, global trade in oil and natural gas from Russia and agricultural products from Ukraine suffered immense setbacks.[1] […]

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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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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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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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