Wake Forest Law Review

26Nov

Requirement of Cross-Examination in University Title IX Investigations

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By Marisa Mariencheck On November 29, 2018, the Department of Education (“DOE”) published a notice of proposed rulemaking in the Federal Register (the “Proposed Regulations”).[1] If promulgated, the Proposed Regulations would be the first “Title IX regulations . . . to address sexual harassment as a form of sex discrimination” promulgated since Title IX’s implementing regulations were promulgated in 1975.[2] The DOE asserts […]

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22Nov

What’s Next for the Dreamers? SCOTUS Hears DACA Arguments

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By Olivia Rojas On November 5, 2018, the United States Department of Justice filed a petition for writ of certiorari before judgment from the Supreme Court of the United States asking the court to review three cases from different circuits relating to the Deferred Action for Childhood Arrivals program (“DACA”).[1] These cases, DHS v. Regents […]

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19Nov

The Golden Parachute – With Some Strings Attached: WeWork ex-CEO Faces Lawsuits After Shareholder Value Drops $30 Billion

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By Matt Digney The “Golden Parachute” is a term that startup entrepreneurs and CEOs are familiar with and seemingly all pursue in one way or another.[1] A typical “Golden Parachute” scenario plays out when the executives of a company – typically a startup – are dismissed after their company is bought out, but receive massive […]

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12Nov

Adnan Syed and the Right to Counsel

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By Amanda Manzano “That a person who happens to be a lawyer is present at trial alongside the accused, however, is not enough to satisfy the constitutional command.” Strickland v. Washington, 466 U.S. 668, 685 (1984). The 1984 U.S. Supreme Court case Strickland v. Washington safeguarded a criminal defendant’s 6th Amendment rights by unequivocally confirming […]

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8Nov

Fair Pay to Play Act: The Baseline for the NCAA’s New Compensation Rules

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By Alexander Hill On October 29, 2019, the National Collegiate Athletic Association (the “NCAA”) announced that it would begin the process of directing its divisions to consider amendments to their bylaws to allow collegiate athletes to benefit from their names, images, and likenesses.[1] In this announcement, the NCAA stated these changes would come in a […]

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5Nov

Causation Woes, Racial Animus, and 42 U.S.C. § 1981

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By James Sprague The Supreme Court of the United States has the opportunity to shape the future of civil rights litigation in Comcast Corp. v. National Association of African American-Owned Media & Entertainment Studios Networks, Inc. Although 42 U.S.C. § 1981 bars racial discrimination in contracting, circuits disagree on the causation standard necessary to sustain […]

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1Nov

Emoluments: The Constitution’s “Phony” Clauses

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By Jon Schlotterback On October 15, 2019, the Fourth Circuit Court of Appeals issued an Order for rehearing one of the lawsuits filed against President Trump for alleged violations of the Emoluments Clauses.[1]  This Order came after the Fourth Circuit had previously reversed a district court decision that held the District of Columbia and State […]

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30Oct

Did Exxon Just Pull an Enron? ExxonMobil Stands Trial for Lying to Investors

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By Abby Castaldi Introduction Throughout the last decade, the effects of climate change have become more apparent as the future of our environment faces serious risks.  With activists such as 16-year-old Greta Thunburg leading the charge for reform to curb greenhouse gas emissions and our dependence on fossil fuels, much of society has become more […]

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29Oct

Immigration in the Trump Era: Challenges for Families

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By Raquel Gonzalez-Padron Background Immigration has made the United States the diverse country it is and has helped to establish its economic preponderance in the world.[1] One reason for the influx of immigration to the United States has been the perception that the U.S. is a beacon for those seeking safe haven, taking in “[the] […]

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25Oct

Ariana Grande, Instagram, and Trademarks

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By Andie Anderson On September 2, 2019, Ariana Grande filed suit against Forever 21 in the latest controversy between fast fashion brands and social media influencers.[1]  Ms. Grande seeks almost ten million dollars for Forever 21’s alleged unauthorized use of her “name, image, likeness, and music to promote [its] brands and products” on Instagram.[2]  Ms. […]

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23Oct

In Cahoots with the Police: How Eugene, Oregon Teams Police Officers with Mental Health Professionals to Create an Alternative Response System

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By Kate Hubbs “Mentally Ill Man with Gun is Shot and Killed by Police.” “Mom Knows Anguish of Calling Police to Deal with Mentally Ill Son.”  Headlines like those appear almost every day in newspapers across the country.  The stories typically focus on the safety issues that arise when law enforcement officers encounter an individual […]

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22Oct

Settlement or Trial for Those Implicated in the Opioid Epidemic?

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By Ethan Haddon Starting October 21, 2019, a civil jury trial will commence to consider the implications of the United States’ opioid crisis.  United States District Court Judge Dan Polster, for the Northern District of Ohio, will preside over the trial.[1]  This trial is unique, though, because it is the product of more than 2,000 […]

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