Wake Forest Law Review

29Mar

Limiting the Rule of Lenity

Categories: Online
Comments Off on Limiting the Rule of Lenity

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 […]

Read more
Tags:
28Feb

THE SCARLET LETTER: NORTH CAROLINA, GIGLIO, AND THE INJURY IN SEARCH OF A REMEDY

Categories: Online
Comments Off on THE SCARLET LETTER: NORTH CAROLINA, GIGLIO, AND THE INJURY IN SEARCH OF A REMEDY

12 Wake Forest L. Rev. Online 24 Jeffrey Steven McConnell Warren, Esq.* In North Carolina, a law enforcement officer’s career can be over with the stroke of a prosecutor’s pen.  Cloaked in prosecutorial immunity, district attorneys enjoy a little-known power to decide that a law enforcement officer’s character for truthfulness is materially impaired and that […]

Read more
Tags:
31Jan

Mandatory Reassignment Under the Americans With Disabilities Act: The Fourth Circuit Weighs In

Categories: Online
Comments Off on Mandatory Reassignment Under the Americans With Disabilities Act: The Fourth Circuit Weighs In

12 Wake Forest L. Rev. Online 1 Introduction The Americans with Disabilities Act (“ADA” or “the Act”)[1] celebrated its thirtieth anniversary in 2020.[2]  The Act, which was signed into law by President George H.W. Bush, was enacted to eliminate discrimination against individuals with disabilities, especially in critical areas of life like employment.[3]  With the ADA’s […]

Read more
Tags:
22Nov

THE PARIS AGREEMENT COMPLIANCE MECHANISM: BEYOND COP 26

Categories: Online
Comments Off on THE PARIS AGREEMENT COMPLIANCE MECHANISM: BEYOND COP 26

11 Wake Forest L. Rev. Online 147 Imad Antoine Ibrahim,* Sandrine Maljean-Dubois,**& Jessica Owley*** Without an international tribunal or tools like trade sanctions, there is little to coerce or encourage adherence with environmental treaties.  The Paris Agreement, the governing global agreement to address climate change, relies on voluntary global cooperation.  Countries determine their own commitments […]

Read more
Tags:
25Oct

BUILT TO FAIL: THE INHERENT FRAGILITY OF ALGORITHMIC STABLECOINS

Categories: Online
Comments Off on BUILT TO FAIL: THE INHERENT FRAGILITY OF ALGORITHMIC STABLECOINS

11 Wake Forest L. Rev. Online 131 Dr. Ryan Clements* Algorithmic stablecoins are inherently fragile.  These uncollateralized digital assets, which attempt to peg the price of a reference asset using financial engineering, algorithms, and market incentives, are not stable at all but exist in a state of perpetual vulnerability.  Iterations to date have struggled to […]

Read more
Tags:
29Sep

Pledge to End Hazing

Categories: Online
Comments Off on Pledge to End Hazing

11 Wake Forest L. Rev. Online 111 Gregory S. Parks* Introduction Hazing has been a persistent issue for centuries.[1]  Little empirical research, or research drawing on empirical data, has been conducted on what would meaningfully curtail it.  Researchers have agreed, however, that among the necessary hazing prevention factors are: (1) organizational leadership;[2] (2) more certainty […]

Read more
Tags:
1Sep

LITIGATING OPIOID ADDICTION AS ORGANIZED CRIME: AN ANALYSIS OF PROXIMATE CAUSE AND PHARMACEUTICAL MISREPRESENTATION UNDER RICO

Categories: Online
Comments Off on LITIGATING OPIOID ADDICTION AS ORGANIZED CRIME: AN ANALYSIS OF PROXIMATE CAUSE AND PHARMACEUTICAL MISREPRESENTATION UNDER RICO

11 Wake Forest L. Rev. Online 93 (2021) Introduction In 2018, 128 people died every day from an opioid overdose, twenty-five percent of patients misused opioids prescribed for chronic pain, and approximately 1.7 million people developed a substance use disorder directly from prescription opioid use.[1]  The effects were so devastating that the opioid epidemic was […]

Read more
Tags:
9Jun

WILL THE SUPREME COURT RECOVER ITS OWN FUMBLE? HOW ALSTON CAN REPAIR THE DAMAGE RESULTING FROM NCAA’S SPORTS LEAGUE EXEMPTION

Categories: Online
Comments Off on WILL THE SUPREME COURT RECOVER ITS OWN FUMBLE? HOW ALSTON CAN REPAIR THE DAMAGE RESULTING FROM NCAA’S SPORTS LEAGUE EXEMPTION

11 Wake Forest L. Rev. Online 70 Alan J. Meese* I. Introduction        Horizontal restraints are unlawful per se unless a court can identify some redeeming virtue that such restraints may create.  In National Collegiate Athletic Association v. Board of Regents of the University of Oklahoma (“NCAA”),[1] the Supreme Court rejected this standard, refusing to […]

Read more
Tags:
31Mar

The Inner Logic of Bostock

Categories: Online
Comments Off on The Inner Logic of Bostock

Doron M. Kalir* 11 Wake Forest L. Rev. Online 42 In the short time since its release, Bostock v. Clayton County[1] has well-earned its self-praise as “simple and momentous.”[2]  The opinion, which holds that Title VII of the Civil Rights Act of 1964 applies to homosexuals and transgender persons in the workplace, instructs employers nationwide […]

Read more
Tags:
5Mar

The Blurry Limits of the Equal Pay Act’s “Factor Other Than Sex”: An Argument For Limiting The Use of Salary History and the Benefit to Employers

Categories: Online
Comments Off on The Blurry Limits of the Equal Pay Act’s “Factor Other Than Sex”: An Argument For Limiting The Use of Salary History and the Benefit to Employers

11 Wake Forest L. Rev. Online 21 (Opens PDF in New Tab) I.      Introduction President John F. Kennedy signed the Equal Pay Act into law on June 10, 1963, remarking that such legislation constituted a “significant leap forward.”[1]  Advocates of the bill heralded the legislation as “a matter of simple justice” ensuring that “there is […]

Read more
Tags:
« Older posts
Newer posts »
« Older posts
Newer posts »