Wake Forest Law Review

22Nov

THE PARIS AGREEMENT COMPLIANCE MECHANISM: BEYOND COP 26

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11 Wake Forest L. Rev. Online 147 Imad Antoine Ibrahim,* Sandrine Maljean-Dubois,**& Jessica Owley*** Without an international tribunal or tools like trade sanctions, there is little to coerce or encourage adherence with environmental treaties.  The Paris Agreement, the governing global agreement to address climate change, relies on voluntary global cooperation.  Countries determine their own commitments […]

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25Oct

BUILT TO FAIL: THE INHERENT FRAGILITY OF ALGORITHMIC STABLECOINS

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11 Wake Forest L. Rev. Online 131 Dr. Ryan Clements* Algorithmic stablecoins are inherently fragile.  These uncollateralized digital assets, which attempt to peg the price of a reference asset using financial engineering, algorithms, and market incentives, are not stable at all but exist in a state of perpetual vulnerability.  Iterations to date have struggled to […]

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29Sep

Pledge to End Hazing

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11 Wake Forest L. Rev. Online 111 Gregory S. Parks* Introduction Hazing has been a persistent issue for centuries.[1]  Little empirical research, or research drawing on empirical data, has been conducted on what would meaningfully curtail it.  Researchers have agreed, however, that among the necessary hazing prevention factors are: (1) organizational leadership;[2] (2) more certainty […]

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1Sep

LITIGATING OPIOID ADDICTION AS ORGANIZED CRIME: AN ANALYSIS OF PROXIMATE CAUSE AND PHARMACEUTICAL MISREPRESENTATION UNDER RICO

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11 Wake Forest L. Rev. Online 93 (2021) Introduction In 2018, 128 people died every day from an opioid overdose, twenty-five percent of patients misused opioids prescribed for chronic pain, and approximately 1.7 million people developed a substance use disorder directly from prescription opioid use.[1]  The effects were so devastating that the opioid epidemic was […]

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9Jun

WILL THE SUPREME COURT RECOVER ITS OWN FUMBLE? HOW ALSTON CAN REPAIR THE DAMAGE RESULTING FROM NCAA’S SPORTS LEAGUE EXEMPTION

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11 Wake Forest L. Rev. Online 70 Alan J. Meese* I. Introduction        Horizontal restraints are unlawful per se unless a court can identify some redeeming virtue that such restraints may create.  In National Collegiate Athletic Association v. Board of Regents of the University of Oklahoma (“NCAA”),[1] the Supreme Court rejected this standard, refusing to […]

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31Mar

The Inner Logic of Bostock

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Doron M. Kalir* 11 Wake Forest L. Rev. Online 42 In the short time since its release, Bostock v. Clayton County[1] has well-earned its self-praise as “simple and momentous.”[2]  The opinion, which holds that Title VII of the Civil Rights Act of 1964 applies to homosexuals and transgender persons in the workplace, instructs employers nationwide […]

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5Mar

The Blurry Limits of the Equal Pay Act’s “Factor Other Than Sex”: An Argument For Limiting The Use of Salary History and the Benefit to Employers

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11 Wake Forest L. Rev. Online 21 (Opens PDF in New Tab) I.      Introduction President John F. Kennedy signed the Equal Pay Act into law on June 10, 1963, remarking that such legislation constituted a “significant leap forward.”[1]  Advocates of the bill heralded the legislation as “a matter of simple justice” ensuring that “there is […]

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30Jan

The Spoils of War: Arguments in Favor of Independent Claims for Spoliation Against Third Parties

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11 Wake Forest L. Rev. Online 1 (Opens PDF in new tab) Andrea A. Anderson* I.  Introduction Kenneth was a coal miner.[1]  One day, while cooling a welding area, a hose burst and severely injured his neck and face.[2]  Despite sustaining major injuries that would prevent him from working in the future, Kenneth had limited […]

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16Nov

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

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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 […]

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31Oct

CAUSAL PROOF IN THE PANDEMIC

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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 […]

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26Sep

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

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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 […]

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