Wake Forest Law Review

30Sep

Will the Real Justice Scalia Please Stand Up?

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Eric J. Segall* How will history judge Justice Antonin Scalia?  He is well-known for scathing dissents and fiery rhetoric as well as his strong advocacy for textualism and originalism.  His constant public rant that the Constitution is “dead, dead, dead”[1] has become a mantra for his textual and historical approach to constitutional law.  For example, […]

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16Apr

Peremptory Strikes Based on (Perceived?) Sexual Orientation: Jury Selection After United States v. Windsor

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Caroline Massagee* Introduction [TRIAL ATTORNEY]: He is gay. THE COURT: How do you know that? [TRIAL ATTORNEY]: . . . I listened to his answers.  I watched his mannerisms.  I believe him to be gay . . . . . . . . THE COURT: First, this gentleman does not fit into a category of persons protected by Batson.  There is no way the Court can […]

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31Mar

Vaccines, Measles, and Rights

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Dorit Rubinstein Reiss* Between the beginning of 2015 and February 20, 2015, 154 people in the United States were reported to have measles.[1] Most, though not all, were linked to an outbreak that started in Disneyland, California; and California had the largest share of cases.[2] In a country of over 300 million inhabitants, this appears […]

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27Feb

The Cyber Threat: Clients’ Increasing Demand for Security and What it Means for Lawyers

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Ellen Murphy* POSTED Lawyers, you are hereby on notice: cyber threats are real; the legal profession is not exempt (and is, in fact, a direct target). Your duty to protect client confidential information is harder to satisfy than ever before. Introduction: The Threat Cyber threats may be the hottest news story no one is actually […]

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17Nov

State Preemption of Local Land Use Ordinances and North Carolina’s “Fracking” Legislation

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Michael B. Kent, Jr.* Introduction The expanded use of horizontal drilling and hydraulic fracturing (“fracking”) has raised significant concerns about the environmental impacts of the process. Incidents of methane leaks, water contamination, and air pollution are among the most frequently-raised issues.[1] But fracking has other potential impacts, as well—specifically, impacts on the character of local […]

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31Oct

Ebola, Embalming, and The Dead: Controlling The Spread of Infectious Diseases

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Tanya D. Marsh* Ebola has been raging through West Africa since March 2014,[1] but the death of Thomas Eric Duncan, the first person to be diagnosed with Ebola in the United States, has raised concerns about possibilities of an outbreak here.[2] Two nurses who treated Mr. Duncan in a Dallas hospital tested positive for Ebola, […]

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30Sep

The Coming Crisis in Law Enforcement and How Federal Intervention Could Promote Police Accountability in a Post-Ferguson United States

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The Coming Crisis in Law Enforcement and How Federal Intervention Could Promote Police Accountability in a Post-Ferguson United States[1] Kami Chavis Simmons* Introduction Officer Darren Wilson’s fatal shooting of Michael Brown has reignited a fierce debate about the issue of racial bias in law enforcement.[2] Although tensions between racial minorities and police officers have long existed […]

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22Apr

Collateral Damage: Protecting Cultural Heritage in Crimea and Eastern Ukraine

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By Zoe Niesel Since the early spring of 2014, the world has watched Russia utilize military forces to invade and annex territory belonging to Ukraine. These actions are, unsurprisingly, raising concerns in Eastern Europe over the prospect of armed conflict in the region, the political consequences of Russian annexation of Ukrainian territory, and the effect […]

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15Apr

GPS “Bullets” and the Fourth Amendment

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By Matthew F. Meyers For as long as there have been cars, there have been car chases.  A car chase connotes a dangerous, high-speed dash through city streets.  Fleeing from justice, the criminal finds himself weaving between cars and driving onto sidewalks to evade his pursuers.  In the popular imagination, a car chase entails the […]

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27Feb

Considering Patricia Millett for the D.C. Circuit

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By Carl Tobias Politics fuels D.C. Circuit appointments.  Barack Obama was the first President in over 50 years who approved no one for the country’s second most important court, even though three of eleven seats lacked judges. Thus, appointing fine nominees was essential for circuit functioning.  On June 4, Obama nominated three individuals: Patricia Millett, […]

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16Feb

The Third Amendment, Privacy and Mass Surveillance

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By Steven I. Friedland “The world isn’t run by weapons anymore, or energy, or money.  It’s run by little ones and zeroes, little bits of data.  It’s all just electrons.”[1] We live in an era of mass surveillance. Advertisers, corporations and the government engage in widespread data collection and analysis, using such avenues as cell phone […]

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3Dec

Nigger, Please!

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By Gregory S. Parks During the week of 2 September 2013, two federal courts—the Southern District of New York and the United States Court of Appeals for the Eleventh Circuit—handed down striking opinions.[1]  In a nutshell, they both held that where a black employee/supervisor refers to black (or biracial) coworkers/supervisees with the use of the n-word, there […]

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