Wake Forest Law Review

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10th Jan 2013

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Legal Promise and Psychological Contract

By: Tess Wilkinson-Ryan* Introduction This Essay argues that the “psychological contract”—the parties’ respective, subjective, idiosyncratic understandings of their contractual obligations to one another—is important and predictable.  The common law of...

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10th Jan 2013

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Preston v. Leake: Applying the Appropriate Standard of Review to North Carolina’s Campaign Contributions Ban

By: Hillary Kies* Introduction Over the past decade, North Carolina’s state government has been plagued by corruption and the appearance of corruption.  Corruption allegations and the resulting investigations regarding corruption...

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10th Jan 2013

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Twenty-first Century Equity: Tailoring the Corporate Veil Piercing Doctrine to Limited Liability Companies in North Carolina

By: Dave Rugani* Introduction The advent of the limited liability company (“LLC”) in the 1980s has had far-reaching implications for how individuals choose to form business entities.  Never before has...

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27th Oct 2012

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The Enlightenment of Administrative Law: Looking Inside the Agency for Legitimacy

By: Sidney Shapiro* Elizabeth Fisher** Wendy Wagner*** “Expert discretion is the lifeblood of the administrative process . . . .”[1] The history of administrative law in the United States constitutes a series of ongoing...

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27th Oct 2012

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The Age of Greed and the Sabotage of Regulation

By: Rena Steinzor* Introduction The congressional debate over whether the government engages in ruinous “overregulation” is only occasionally coherent.  Sometimes it is downright bizarre, and never is it for the...

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27th Oct 2012

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Capture Nuances in Financial Regulation

By: Lawrence G. Baxter* Introduction In early May 2012, a select group of America’s most powerful bankers was ushered into a meeting with the Governor most responsible for bank regulation...

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27th Oct 2012

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The Benefits of Capture

By: Dorit Rubinstein Reiss Introduction [N]ot all capture is bad.  It surely is bad for regulators to believe that ‘what’s good for General Motors is good for America’; but it is...

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27th Oct 2012

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Democracy and Administrative Legitimacy

By: David Arkush* This Essay examines the three ideals that underlie most models of administrative legitimacy—the rule of law, sound public policy, and democracy—as well as their associated models of...

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27th Oct 2012

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Hyperdepoliticization

By: Edward Rubin* The effort to insulate public administration from the tempestuous intensity of political controversy is a dominant theme in the history of American government.  At the federal level,...

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27th Oct 2012

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Enhancing the Role of Public Interest Organizations in Rulemaking via Pre-Notice Transparency

By: Richard Murphy* In 1983, then-Administrator William Ruckelshaus promised that under his leadership, EPA would operate “in a fishbowl.” I wish to reaffirm this commitment and take the opportunity to...

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06th Sep 2012

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Think Small: The Future of Public Financing After Arizona Free Enterprise

By: Glen Hudson* “It is money! . . .  Money!  Money!  Not ideas, nor principles, but money that reigns supreme in American politics.”[1] Campaign spending in the 2010 midterm election cycle hit record...

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06th Sep 2012

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It’s Time To Try Something New: Why Old Precedent Does Not Suit Charter Schools in the Search for State Actor Status

By: Catherine LoTempio* Introduction Today, education reform continues to be at the forefront of issues important to the American public.  Although education reform has taken various forms over the years,...

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