Wake Forest Law Review

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24th Apr 2013

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An Infographic Based on “When Petitioners Seek Custody in Domestic Violence Court and Why We Should Take Them Seriously” By Suzanne Reynolds and Ralph Peeples

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01st Apr 2013

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Alternative Litigation Finance and the Work-Product Doctrine

By Grace M. Giesel* Introduction The United States judicial system is in the midst of great and fundamental change with regard to the funding of litigation.  Historically, parties financed litigation out...

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01st Apr 2013

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Regulating Data Mining Post-Sorrell: Using HIPAA to Restrict Marketing Uses of Patients’ Private Medical Information

By Beverly Cohen* Introduction On June 23, 2011, the United States Supreme Court, in Sorrell v. IMS Health Inc.,[1] determined that Vermont’s law prohibiting pharmacies from selling prescription data to “data-mining companies” violated...

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01st Apr 2013

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Knowledge in the People: Rethinking “Value” in Public Rulemaking Participation

By Farina,* Epstein,** Heidt,*** Newhart,**** and CeRI***** Introduction Why is it . . . that in the middle of listening to someone give their side of a problem I have a...

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01st Apr 2013

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Time to Stand: Exploring the Past, Present, and Future of Nonhuman Animal Standing

By Emma A. Maddux Introduction In November 1983, two-year-old baby Tilikum was torn from his family near Iceland and sold to an entertainment enterprise. He was forced to perform eight times...

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01st Apr 2013

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Kentucky v. King: The One Where the Supreme Court Dishonors the Warrant Requirement in Drug Cases

By Elizabeth Sargeant The Constitution protects each of us from unreasonable searches and seizures.[1] Police officers may not enter our homes without a warrant issued by a neutral magistrate on a...

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01st Apr 2013

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When Petitioners Seek Custody in Domestic Violence Court and Why We Should Take Them Seriously

By Suzanne Reynolds* and Ralph Peeples** Introduction For a number of years now, the law has encouraged judges in domestic violence court to address child custody when a parent who receives...

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01st Apr 2013

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Another Look at General Personal Jurisdiction

By Carol Andrews* General personal jurisdiction—whereby a state court asserts jurisdiction over a defendant on claims unrelated to the defendant’s activities in the forum state—has long been a doctrine with...

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01st Apr 2013

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Plagiarism in Lawyer’s Advocacy: Imposing Discipline for Conduct Prejudicial to the Administration of Justice

By: Douglas E. Abrams* Introduction On August 5, 2010, a Kentucky jury convicted Karen Sypher on six counts of extortion, lying to federal investigators, and retaliating against a witness.[1]  The...

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10th Jan 2013

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The Education Duty

By: Scott R. Bauries* Introduction A constitution is an instrument of entrustment.  By adopting a democratic constitution, a polity places in the hands of its elected representatives its trust that...

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10th Jan 2013

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Rethinking the Presumption of Mens Rea

By: Eric A. Johnson* Introduction Substantive background principles play a critical role in the courts’ interpretation of criminal statutes, particularly where the subject of mens rea is concerned.[1]  As Professor...

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10th Jan 2013

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Ineffective Amnesty: The Legal Impact on Negotiating the End of Conflict

By: Scott W. Lyons* Introduction For the past two decades, the exhaustive discourse concerning a duty to prosecute crimes against humanity primarily discussed the transition to democracy, replacing authoritarian regimes,...

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