Wake Forest Law Review

15Nov

Changing the Language, Not the Law: North Carolina’s Citizens-Only Amendment

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  By Emily Gordon When North Carolina residents voted in the 2024 election, they might have been surprised to see a ballot measure regarding a proposed amendment to the state constitution.[1] Prior to the election, the North Carolina State Constitution allowed “every person born in the United States and  every person who has been naturalized” […]

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14Nov

Don’t fall for the CON: A Challenge to North Carolina’s Certificate of Needs

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By: Spencer Lewis History and Purpose In 1977, North Carolina legislature presented the North Carolina Health Planning and Resource Development Act of 1978, a bill that would introduce a Certificate of Need (“CON”) requirement to the state’s healthcare system in response to federal incentives.[1] This CON law would require state approval for health care providers […]

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8Nov

North Carolina’s Regulatory Sandbox: Proposed Permanent Rules

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By Alexis Furgal A regulatory sandbox is a “controlled environment” in which companies reward innovative contributions regulatory freedom with.[1] Essentially, companies enjoy (temporarily) fewer regulatory hurdles to overcome during the sprint to bring novel technologies and services to market.[2] On one hand, regulatory sandboxes foster innovation and promote advancement because companies are free to “trial […]

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31Oct

Thou Shall Not: Would today’s Supreme Court uphold precedent that displays of the Ten Commandments in classrooms are unconstitutional?

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Chris Whipple Background Earlier this month, a local school board in North Carolina failed to pass a policy requiring public school classrooms to display posters of the Ten Commandments.[1] The Iredell-Statesville School Board of Education (“I-SS Board”) voted against the proposal by one of its board members for a “Founding Documents” poster, featuring the Ten […]

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24Oct

Striking Out of Federal Court: Heck Dismissals are now PLRA Strikes in the Fourth Circuit

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  By Alex Gracia As of September 16, 2024, indigent prisoner-plaintiffs in North Carolina must be weary when their civil rights claims are dismissed.[1] The failure to do so could result in the loss of important financial protections afforded to them.[2] Background The Federal Reserve reports that 37% of all adults would not be able […]

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10Oct

Social Media Companies Beware: Government Officials Call for Warnings to be Placed on Social Media Platforms

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Benjamin Riley Social Media’s Rise to the Forefront Over the last few decades, social media platforms have gained immense popularity with Americans,[1] and statistics point to the average American having accounts on multiple platforms.[2] Yet, as is the case with many trends, this growth has not come without its fair share of controversy. These platforms […]

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8Oct

Pets are Part of Your Family: Could North Carolina be the Next State to Recognize the Best Interests of the Pet When Determining Pet Custody?

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By Vivian Bolen Most dog owners in the United States view their dogs as a part of their family, yet legally, dogs are still property.[1] The law has not kept up with the emotional value we attach to companion pets like cats and dogs, and when pet-owning spouses divorce, they are forced to reckon with […]

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2Oct

How Lawmakers Are Grappling with Prosecuting the Parents of School Shooters

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Emily Race The First Charges Gun ownership and gun reform are central points of contention in today’s political landscape. The number of gun-violence related incidents in K-12 schools has been steadily rising since 2021, peaking at 349 last year.[1] So far in 2024, there have been 237 shootings at K-12 schools.[2] Amid the immediate sorrow […]

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26Sep

Navigating the NIL Playbook: The Current State of NIL Laws for North Carolina High School Athletes and Potential Changes Downfield

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By Mary Grace Hutzler In recent years, Name, Image and Likeness (NIL) regulations have been a source of dramatic change in the landscape of high school athletics.[1] These regulations, which are a much-needed change from the burdensome rules of the past, enable student-athletes to profit from their personal brands.[2] The NIL debate erupted when collegiate […]

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24Sep

A Safer Bet: Proposed Bill Aims to Crack Down on Predatory Sportsbooks

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Jack Bryant Background: On March 11, 2024, the Governor of North Carolina, Roy Cooper (“Cooper”), placed a wager on the Carolina Hurricanes to win the Stanley Cup.[1] Cooper made the bet on Raleigh’s beloved hockey team[2] to commemorate sports betting companies, also known as “sportsbooks,”[3] accepting wagers in North Carolina for the first time in […]

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19Sep

Taking Stock of the Comstock Act: Legal Relic or Courtroom Crusade?

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  Anna Duong-Harrison History             In 1873, Congress passed the Act for the Suppression of Trade in, and Circulation of, Obscene Articles of Immoral Use––the colloquial Comstock Act.[1] This Act criminalized the circulation of contraceptives and birth control-related information through the mail, including medical textbooks and magazines.[2] Even instruments that could be used to perform […]

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17Sep

Election Lawsuits: Voter Registration Data at the Heart of Political Filings

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Sydney Basden The 2024 Presidential election is mere weeks away, and North Carolinians on both sides of the political aisle are being reminded to vote.[1] With North Carolina expected to be a key swing state in the Electoral College,[2] the political advertisements seem to be never-ending, via television commercials, internet ads, phone calls, texts, and […]

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