Wake Forest Law Review

30Jan

The Spoils of War: Arguments in Favor of Independent Claims for Spoliation Against Third Parties

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11 Wake Forest L. Rev. Online 1 (Opens PDF in new tab) Andrea A. Anderson* I.  Introduction Kenneth was a coal miner.[1]  One day, while cooling a welding area, a hose burst and severely injured his neck and face.[2]  Despite sustaining major injuries that would prevent him from working in the future, Kenneth had limited […]

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16Nov

COVID-19 AND THE CONTINUING ASIAN AMERICAN MOMENT: NARRATIVES FROM THE MIDWEST

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10 Wake Forest L. Rev. Online 149 (Opens PDF in new tab) Ilhyung Lee* The COVID-19 pandemic drastically affected the operations and daily routines of the university and college town that have been my home for the past twenty-two years.  In mid-March 2020, the University of Missouri (“MU”),[1] in Columbia, Missouri, suspended all in-person classes […]

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31Oct

CAUSAL PROOF IN THE PANDEMIC

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10 Wake Forest L. Rev. Online 124 Betsy J. Grey* I. Introduction Business owners and politicians have raised the specter of a flood of civil lawsuits arising out of the pandemic.[1]  Most of these suits will likely be commercial in nature, and very few personal injury lawsuits have been filed against businesses since the pandemic […]

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26Sep

The Fault in In Pari Delicto: How Illegality Bars and Moral Culpability Collide with Tort Law

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10 Wake Forest L. Rev. Online 107 James W. Sprague I. Introduction In the summer of 2002, a Union Pacific Railroad conductor, Arnulfo Flores, agreed to transport ten Mexican nationals across the Mexican-American border undetected.[1]  When the nationals arrived on the railroad’s property, Flores ushered them into a large metal railway car and sealed them […]

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19Aug

Raising the Age and Raising the Budget: Why North Carolina’s Juvenile Justice Reinvestment Act Requires Full Funding

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Since 1919, North Carolina had treated its sixteen- and seventeen-year-old offenders as adults. On December 1, 2019, after one-hundred years of this misguided system, North Carolina finally raised its age of juvenile jurisdiction to eighteen.

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17Apr

Liberation Theology and Political Process: A Case Study of New York City’s Mayor

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10 Wake Forest L. Rev. Online 68 Jonathan Cantarero* I.   Introduction Liberation theology as a religious movement focuses on the socio-economic and political liberation of the oppressed through the disruption of governing structures.[1]  On a conceptual level, this movement has been extensively considered and examined by legal scholars and theologians.  On an empirical level, discussions […]

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31Mar

Grapes of Impact: The Family Farmer Relief Act of 2019 and Chapter 12

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10 Wake Forest L. Rev. Online 55 Sara Kathryn Mayson* I.  Introduction It is no secret that many American farmers are in financial trouble, specifically small family farmers.  As a part of an effort to alleviate farmers in a struggling agriculture economy, Congress passed the Family Farmer Relief Act of 2019, an amendment to Chapter […]

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29Feb

Textualism and Title VII

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10 Wake Forest L. Rev. Online 32 John Vlahoplus* I.  Introduction Bostock v. Clayton County[1] presents the question whether discharging an employee for being homosexual discriminates against him because of his sex under Title VII of the Civil Rights Act of 1964.[2]  Bostock’s supporters herald the case as the ultimate test of faithfulness to the […]

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5Feb

Naruto v. Slater: One Small Step for a Monkey, One Giant Lawsuit for Animal-Kind

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10 Wake Forest L. Rev. Online 15 Matthew P. Hooker* I.  Introduction When David Slater left his camera unattended in Indonesia, little did he realize the enormous legal battle that would result from that simple act.[1]  With a single snap, a “curious male crested black macaque” named Naruto not only captured an iconic photograph, but […]

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8Jan

Who Says You Can’t Go Home: Determining the Habitual Residence of Infants Under the Hague Convention

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10 Wake Forest L. Rev. Online 1 Caroline Hamilton* I.  Introduction After a tumultuous marriage and a difficult pregnancy, Michelle Monasky wanted out of her relationship and out of Italy.  Eight weeks after the birth of her daughter, Monasky abducted her baby and returned to her hometown of Painesville, Ohio.  Domenico Taglieri, Monasky’s husband and […]

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30Nov

Amateur Regulation and the Unmoored United States Olympic and Paralympic Committee

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9 Wake Forest L. Rev. Online 88 Dionne Koller* In the wake of the USA Gymnastics sexual abuse scandal and Women’s National Soccer Team’s claim for pay equity, members of Congress have proposed legislation that would reform the United States Olympic and Paralympic Committee (USOPC) through amendments to its governing statute, the Ted Stevens Olympic […]

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26Oct

Stealing Home: Why Baseball’s Antitrust Exemption Should Be Eliminated in the Age of Modern Internet Streaming and Piracy

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9 Wake Forest L. Rev. Online 76 Jaclyn Malmed* I. Introduction: America’s Pastime Baseball is America’s pastime, but it may not be America’s future. As baseball’s primary audience begins to age, the sport’s viewership and fan base have steadily diminished.[1]  While experts speculate a number of reasons that contribute to declining viewership, including the cost of […]

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