Wake Forest Law Review

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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,...

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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...

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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...

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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...

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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...

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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 . . . .” The history of...

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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. ...

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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...

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27th Oct 2012

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The Benefits of Capture

By: Dorit Rubinstein Reiss Introduction ot all capture is bad.  It surely is bad for regulators to believe that ‘what’s...

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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,...

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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...

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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.”...