Wake Forest Law Review

19Feb

Legislating the Bench: North Carolina’s Next Separation of Powers Battle

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By: Andrew Ring On February 7, 2025, North Carolina Governor Josh Stein (Stein) filed a complaint in state court challenging portions of Senate Bill 382 (SB 382),[1] a disaster relief bill passed last December designed to provide relief to Western North Carolina following Hurricane Helene.[2] Stein is not challenging the aid portions of the bill, however, […]

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15Feb

Speaking of Justice: Paralegals’ First Amendment Challenge to North Carolina’s Unauthorized Practice of Law Rules

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  By: Anna Lants On December 16, 2024, the U.S. District Court for the Eastern District of North Carolina dismissed a lawsuit challenging the state’s prohibition on the unauthorized practice of law (“UPL”), igniting a debate over free speech, access to justice, and the regulation of the legal profession.[1] The plaintiffs—two certified paralegals in coordination […]

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12Feb

Victory for Victims: The North Carolina Supreme Court Upholds the SAFE Child Act’s Revival Provision

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By: Emily Haglund On January 31, 2025, the North Carolina Supreme Court (the “Court”) issued multiple opinions upholding the SAFE Child Act’s (the “Act”) revival provision, marking a victory for child sexual abuse victims in North Carolina.[1] The Act, which aims to “protect children from sexual abuse and to strengthen and modernize sexual assault laws,” […]

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6Feb

The Burden of Belief: An Analysis of Quakers’ Challenge ICE Enforcement Policy in Places of Worship

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By: Grace Mohlin For decades, the Department of Homeland Security (“DHS”) has limited Immigration and Customs Enforcement (“ICE”) actions in churches, places of worship, and other sensitive locations to protect access to essential services. In January 2025, the current administration rescinded this policy, prompting Quaker congregations to sue the DHS, arguing that the policy violated […]

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4Feb

On Thin Ice: Trump’s Funding Freeze and the Fight Over Presidential Power

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By: Virginia Brown The first two weeks of President Donald Trump’s (“Trump”) second term have been marked by a flurry of activity: executive orders, firings, and hirings, but arguably nothing more dramatic or wide-sweeping than the attempted federal funding freeze.[1] The story starts with the Office of Management and Budget (“OMB”) memorandum (the “memo”) released […]

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21Jan

TikTok on the clock, but the party has stopped–the U.S. Supreme Court has officially ruled to uphold legislation to ban TikTok effectively.

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On January 10th, the Supreme Court of the United States (“Supreme Court”) heard arguments about whether the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), as applied, would violate TikTok, Inc.’s First Amendment rights. As of Friday, January 17, the Supreme Court ruled to uphold the Act.[1] The Supreme Court found that the […]

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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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