12Aug

Against “the Huddleston Test”

14 Wake Forest L. Rev. Online 99 Dora W. Klein[1] “To determine whether evidence is admissible under Rule 404(b), the Huddleston test applies . . . .”[2] Introduction Many courts—mostly federal, but also some state courts—are misapplying the United States Supreme Court’s decision in the 1988 case United States v. Huddleston.[3] These courts have used a single paragraph of […]

Tags: Evidence federal rules Supreme Court

27May

“Reverse Divisibility” and “Subsequent Modification”: Expanding the Scope of Justified Non-Performance in Multiple Contract Situations

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14 Wake Forest L. Rev. Online 92 Gregory Scott Crespi[1] Introduction Parties to a contract sometimes invoke divisibility arguments in an attempt to recharacterize the contract as being two or more separate contracts. This is often done in order to limit the justified non-performance consequences of a breach of contract on their part. This short […]

Tags: contract law

1Apr

The Memorandum Heard Around the College Athletics World: Why Student-Athletes in Non-Revenue-Generating Sports Should not Enjoy the Status of “Employee” Under the NLRA

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14 Wake Forest L. Rev. Online 47 Nick Tremps Introduction Over the past few decades, one particular legal issue has permeated throughout collegiate athletics. At the forefront of every collegiate student-athlete’s mind in recent years is the question: “should I be getting paid for this?” Or, at the very least, should they be receiving more […]

Tags: Employment Law NLRB sports law

19Mar

SEC V. Jarkesy: How the Supreme Court Can Have its Cake and Eat it Too

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14 Wake Forest L. Rev. Online 20 C. Isaac Hopkin Introduction This Note begins with the story of two investment managers. Manager One was an investment manager in Texas who oversaw funds exempt from registration with the Securities and Exchange Commission (“SEC” or the “Commission”).[1] Manager One set up two private investment partnership funds that […]

Tags: Administrative Law Constitutional Law SEC Securities Securities Exchange Commission Securities Law

7Feb

From Tax-Exemptions to Title IX: Independent Schools and the § 501(c)(3) Conundrum

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14 Wake Forest L. Rev. Online 1 Sam Kiehl[1]* Introduction Should an independent school that maintains a § 501(c)(3) tax-exempt status be obligated to comply with Title IX? The answer comes down to how you define “federal financial assistance.”[2] Two recent federal court decisions from opposite ends of the country came out four days apart […]

Tags: Administrative Law Constitutional Law Judicial Activism legislation Tax tax law Title IX

30Nov

Much Ado About Something: The Foreseeability Problem in Breach of Contract Claims Arising out of International Economic Sanctions

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13 Wake Forest L. Rev. Online 59 Clare Magee Introduction Russia’s 2022 invasion of Ukraine catalyzed a waterfall of political and economic upheaval across a world already reeling from the continuing COVID-19 pandemic. According to the World Bank, global trade in oil and natural gas from Russia and agricultural products from Ukraine suffered immense setbacks.[1] […]

Tags: Administrative Law Arbitration Civil Litigation contract law International Disputes International Law International Trade Sanctions

28Sep

Harper v. Hall and State Courts as Politically Accountable Actors

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13 Wake Forest L. Rev. Online 42 Brandon J. Johnson[1] Introduction The North Carolina Supreme Court’s recent decision to reverse course on partisan gerrymandering has garnered national attention.[2] In the court’s third opinion issued in Harper v. Hall,[3] (“Harper III”) a newly elected 5-2 conservative majority of the state supreme court overruled the first […]

Tags: Administrative Law Civil Litigation Civil Rights constitution Constitutional Law election law First Amendment Free Elections gerrymandering North Carolina North Carolina Supreme Court Supreme Court

28May

“High” Expectations for the Veterans Medical Marijuana Safe Harbor Act, But Not High Enough

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13 Wake Forest L. Rev. Online 14 I. Introduction Though the use of marijuana has been a very fiercely debated and divisive issue in the United States for nearly a century, the evolution of culture and developments in science have led to rapid shifts in public opinion about the use of marijuana for both recreational […]

Tags: Civil Rights Department of Veterans Affairs Health Care marijuana

3Apr

Silent Treatment: The Increase in Confidential Treatment Redactions in SEC Filings

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13 Wake Forest L. Rev. Online 1 Mark T. Wilhelm[*] & Michael T. Byrne[**] Publicly traded companies in the United States are required to disclose a significant amount of information to the public in order to comply with applicable securities laws.[1] While at times those disclosure requirements are rather rigid, there are many circumstances in which […]

Tags: Disclosures FOIA Redaction Securities Exchange Act Securities Exchange Commission

22Nov

The Sixth Circuit Joins the Split: Higher Education Freedom of Speech and the Breadth of Academic Freedom Remain in Limbo

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12 Wake Forest L. Rev. Online 111 INTRODUCTION No one wonders about the strength of the First Amendment’s speech protections with the same level of intensity as someone who has just uttered an unpopular opinion or statement. Growing up, school children often defend their words by alleging that in the United States, we can say […]

Tags: Constitutional Law First Amendment

30May

Posthumous Pardons

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12 Wake Forest L. Rev. Online 66 Craig S. Lerner[1] Executive clemency for the dead is not unknown in American history, but it is rare. In recent years, there have been several high-profile instances, emblematic of an incipient trend that figures to grow as Americans become more conscious of, and determined to rectify, past injustices […]

Tags: Criminal Law pardon Race Discrimination Sentencing

29Mar

Limiting the Rule of Lenity

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12 Wake Forest L. Rev. Online 45 Joshua S. Ha* “The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself.”[1] That is how Chief Justice Marshall described the rule of lenity in United States v. Wiltberger.[2] The doctrine is rooted in seventeenth-century England, where it arose […]

Tags: Criminal Law history lenity statutory interpretation Supreme Court

Against “the Huddleston Test”

“Reverse Divisibility” and “Subsequent Modification”: Expanding the Scope of Justified Non-Performance in Multiple Contract Situations

The Memorandum Heard Around the College Athletics World: Why Student-Athletes in Non-Revenue-Generating Sports Should not Enjoy the Status of “Employee” Under the NLRA

SEC V. Jarkesy: How the Supreme Court Can Have its Cake and Eat it Too

From Tax-Exemptions to Title IX: Independent Schools and the § 501(c)(3) Conundrum

Much Ado About Something: The Foreseeability Problem in Breach of Contract Claims Arising out of International Economic Sanctions

Harper v. Hall and State Courts as Politically Accountable Actors

“High” Expectations for the Veterans Medical Marijuana Safe Harbor Act, But Not High Enough

Silent Treatment: The Increase in Confidential Treatment Redactions in SEC Filings

The Sixth Circuit Joins the Split: Higher Education Freedom of Speech and the Breadth of Academic Freedom Remain in Limbo

Posthumous Pardons

Limiting the Rule of Lenity

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