Wake Forest Law Review

17Nov

Death Knell for Death Penalty After the Parkland Shooter Verdict?

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By Kendall Carter Florida has executed more people than just about any other state.[1]  However, Florida also gets it wrong more than anyone else.  Florida has had thirty exonerations from death row, more than any other state, and it’s not even close.[2] On October 13, 2022, after months of proceedings, a Broward County jury recommended […]

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16Nov

The Ongoing Debate Between Boaters Freedom of Navigation and NOAA’s Conservation Efforts to Protect The North Atlantic Right Whale

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By Alexander Van Zijl The Origins of NOAA’s North Atlantic Right Whale Regulatory Scheme On August 1, 2022, the National Oceanic and Atmospheric Administration (“NOAA”) sent shockwaves through the boating community when the agency decided to further protect the endangered North Atlantic right whale by proposing an amendment to 50 C.F.R. § 224.105.[1] In 2008, […]

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16Nov

Mild, Medium, or Hot? “Texas Pete” Under Fire in False Advertising Claim

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Luke Shapiro Wake Forest University students who take a short drive North of campus might notice a familiar logo on the side of an otherwise nondescript brick building.  The red, lassoing cowboy of “Texas Pete” hot sauce greets visitors to the T.W.  Garner Foods (“Garner Foods”) facility in Winston-Salem, North Carolina.  Locals are proud to […]

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10Nov

Overbroad Definitions in SEC’s Clawback Rule May Undercut Its Goals

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By Ben Woessner  The last few decades have seen significant debate surrounding the generous compensation of the top executives of publicly-held corporations.  While some view the current system of pay as functional and driven by market forces like scarce executive talent,[1] many watch the upward trajectory of an increasingly disproportionate gap between executive pay and […]

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4Nov

The Fifth Circuit Finds the Consumer Financial Protection Bureau Unconstitutional

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By Dylan Ellis The Consumer Financial Protection Bureau (CFPB) has been one of the most divisive government agencies since its inception in 2010. The CFPB was installed with far greater protections than most government agencies are afforded, including protections against both presidential[1] and congressional[2] influences on the agency’s decision making. As a result, the CFPB […]

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3Nov

Can Prisoners Challenge the Conditions of their Confinement Through a Writ of Habeas Corpus?

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By Max Anthony On September 26, 2022, thousands of prisoners across the state of Alabama launched a labor strike in response to the “deteriorating conditions” and “pervasive violence” inside state prisons.[1]  In fact, conditions have deteriorated to the point that multiple homicides and drug overdoses occur on a weekly basis resulting in a “new normal.”[2] […]

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2Nov

Should FIFA Be Held Accountable for Human Rights Violations in Qatar?

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Clare Magee Qatar was awarded the 2022 FIFA World Cup in 2010 amid allegations of corruption that eventually led to several indictments in United States courts.[1] Immediately after the announcement, World Cup fans and human rights activists alike raised concerns about the impact of Qatari law on the tournament. Qatar is the latest in a […]

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1Nov

Diplomatic Immunity: A Carte Blanche for Misconduct?

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Diplomatic Immunity over Globe

Diplomatic Immunity: A Carte Blanche for Misconduct? By William McEwan Do “Get Out of Jail Free Cards” exist outside the realm of Monopoly? For Anne Sacoolas—the wife of U.S government employee, Jonathan Sacoolas—one might argue they do.[1] In August of 2019, Mrs. Sacoolas struck and killed Harry Dunn, a nineteen-year-old British citizen, when she was […]

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27Oct

Vans, Inc. v. MSCHF: Are Shoes Entitled to First Amendment Protection?

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By Luul Lampkins Earlier this year, Vans, Inc. (“Vans”) brought a trademark infringement lawsuit against MSCHF Product Studio Inc. (“MSCHF”) seeking a preliminary injunction related to its Wavy Baby sneakers.[1] In response, a federal judge ordered MSCHF to stop shipping the shoes and to cancel any outstanding orders.[2] Vans argued that the Wavy Baby sneakers […]

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25Oct

A defense of the equitable defense: Vice Chancellor Laster makes the argument against dodging equity through contractually specified incurable voidness

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Keegan Hicks As “part of an ongoing dialogue between the Delaware Supreme Court and the trial courts,”[1] Delaware Vice Chancellor Laster recently made a direct proposal that the Delaware Supreme Court “retreat from the concept of contractually specified incurable voidness.”[2] This blog post aims to explore the facts that motivated Vice Chancellor Laster’s suggestion, consider […]

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18Oct

College Sports More than One Year After NCAA v. Alston: Implications for College Athletes Under Federal Tax and Securities Laws

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Molly Mitchell More than one year after the Supreme Court’s 9-0 decision in National Collegiate Athletic Association v. Alston that the NCAA is not exempt from the Sherman Act with respect to certain compensation rules, the floodgates have opened for student-athletes to profit from their name, image, and likeness (“NIL”).[1] However, the Court’s majority opinion […]

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13Oct

Taking on Big Tech: California’s Attorney General Files Antitrust Suit Against Amazon

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By Stephanie Flynn California Attorney General Rob Bonta (A.G. Bonta) filed a Complaint against Amazon.Com, Inc. (Amazon) in San Francisco Superior Court claiming the tech company violated California’s Cartwright Act and California’s Unfair Competition Law.[1]  A.G. Bonta believes the lawsuit has a good chance of success despite the dismissal of a nearly identical claim brought […]

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