8 Wake Forest L. Rev. Online 1 Ari Herbert* Imagine a deal that can’t be broken.  Harry Potter fans will remember the “unbreakable vow”: two wizards clasp arms, declare their promises, and whisper an incantation.[1]  A silvery thread of light twists around the enclasped arms and then disappears.  The spell is done.  The deal can’t […]

by: Marcia Zug Men and women are not equal in immigration law, and the Supreme Court has long upheld these distinctions. In fact, since 1977, the Court has heard four immigration-based sex discrimination cases and sustained the challenged provision every time.[1]  The Court even upheld one provision twice, just so it could more fully articulate […]

John Vlahoplus* Introduction [I]t shall be understood that the two Countries shall allways be mutually naturalized, that every person born in either Country shall be considered as a natural born Subject throughout Great Britain and America as before the troubles. — Proposed Anglo-American peace terms, 1777[1] Scholars have long debated what to make of the […]

Clay Calvert* The presidential election season of 2016 brought with it massive news media hand-wringing, if not outright panic in some quarters, about so-called fake news.[1]  As described by the New York Times, fake news is “widely understood to refer to fabricated news accounts that are meant to spread virally online.”[2]  According to that newspaper, […]

David S. Levine* Introduction  Donald Trump’s election as President of the United States has caused many academics from across the political spectrum to reconsider their research agendas, including whether and how they can play a larger and more direct role in policy debates.[1] For example, a Facebook[2] group titled the “11/9 Coalition” focused on the […]

Ronald Turner* Introduction Abigail Fisher graduated from Stephen F. Austin High School in Sugar Land, Texas and applied for admission to the fall 2008 entering class at the University of Texas at Austin. As she did not graduate in the top ten percent of her high school class, Fisher was not guaranteed admission to UT […]

Alan Calnan* Introduction Few people would dispute that appointing and confirming a Supreme Court Justice is a delicate and complex process. President Obama’s nomination of federal judge, Merrick Garland, certainly proves the point.[1] Yet Obama’s challenges do not stem solely from his predicament as a lame-duck leader facing a recalcitrant Congress. The complexities here are […]

John Sanders* On the afternoon of May 6, 2010, the Dow Jones Industrial Index (“Dow”), perhaps the most widely followed stock index in the world, fell 1,000 points in a matter of minutes.[1] As the fall quickened, “the sell-off seemed to overwhelm computer and human systems alike.”[2] Shares of Procter & Gamble fell nearly 40 […]

Thomas E. Simmons∗ The more decisive a weapon is The more surely it will be used, And no agreements will help. JOHN ADAMS, DOCTOR ATOMIC Act I (2005) (libretto by Peter Sellars) Introduction In Forrest Gump, Gary Sinise played the character of Lieutenant Dan Taylor, a physically and psychologically wounded Vietnam War veteran.[1] In the […]

Nicholas Foss Barbantonis* Introduction There is an ongoing controversy as to whether re-registration of domain names constitutes registration within the meaning of the Anti-Cybersquatting Consumer Protection Act (ACPA).[1]  The Eleventh Circuit recently held in Jysk Bed’N Linen v. Dutta-Roy that re-registration of domain names constitutes a registration.[2]  In doing so, it rejected the Ninth Circuit’s […]

Paul Campos* Over the past several decades, the cost of legal education has increased at a dizzying rate, far outpacing even the rapid rise in the cost of higher education in general.[1]  Average resident tuition at public ABA law schools grew from $716 per year in 1974 to $24,946 per year in 2014.[2]  For private […]