Wake Forest Law Review

9Dec

Is Progressive Criminal Justice Reform Fair, Just, and Equitable?

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14 Wake Forest L. Rev. Online 124 Paul H. Robinson[1] & Jeffrey Seaman[2] Introduction Progressive criminal justice reform has gained remarkable power in recent years. A wave of laws, such as California’s Proposition 47,[3] has reduced the punishment for many crimes,[4] downgraded felonies to misdemeanors,[5] and decriminalized previous offenses.[6] Bail requirements have been all but […]

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13Nov

Palmer v. Amazon: A Case Study In Textualism And The Fixed-Meaning Canon

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14 Wake Forest L. Rev. Online 112 Michael Showalter[1] Introduction A recent Second Circuit panel failed to heed the fixed-meaning rule of statutory interpretation, and its flawed opinion highlights the rule’s importance to the rule of law. In Palmer v. Amazon, the Second Circuit held that New York’s workers-compensation exclusivity does not reach suits for […]

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12Aug

Against “the Huddleston Test”

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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 […]

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1Apr

Alternative Litigation Finance and the Work-Product Doctrine

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By Grace M. Giesel* Introduction The United States judicial system is in the midst of great and fundamental change with regard to the funding of litigation.  Historically, parties financed litigation out of their own literal or figurative pockets or, perhaps, with the assistance of some sort of contingent fee representation.[1]  Third-party financing of litigation was frowned upon, […]

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1Apr

Regulating Data Mining Post-Sorrell: Using HIPAA to Restrict Marketing Uses of Patients’ Private Medical Information

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By Beverly Cohen* Introduction On June 23, 2011, the United States Supreme Court, in Sorrell v. IMS Health Inc.,[1] determined that Vermont’s law prohibiting pharmacies from selling prescription data to “data-mining companies” violated the Free Speech Clause of the First Amendment.[2]  Data miners purchased the prescription data to aggregate and resell it to pharmacy manufacturers for marketing purposes.[3]  […]

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1Apr

Knowledge in the People: Rethinking “Value” in Public Rulemaking Participation

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By Farina,* Epstein,** Heidt,*** Newhart,**** and CeRI***** Introduction Why is it . . . that in the middle of listening to someone give their side of a problem I have a natural inclination to make a list, to break their story down into parts such as issues and concerns? But, when I ask them about issues, […]

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1Apr

Time to Stand: Exploring the Past, Present, and Future of Nonhuman Animal Standing

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By Emma A. Maddux Introduction In November 1983, two-year-old baby Tilikum was torn from his family near Iceland and sold to an entertainment enterprise. He was forced to perform eight times a day, seven days a week and he shared a small metal compartment with two other captives. Tilikum has been attacked several times; he has […]

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1Apr

Kentucky v. King: The One Where the Supreme Court Dishonors the Warrant Requirement in Drug Cases

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By Elizabeth Sargeant The Constitution protects each of us from unreasonable searches and seizures.[1] Police officers may not enter our homes without a warrant issued by a neutral magistrate on a showing of probable cause.[2] This procedural safeguard may be overlooked, however, when exigent circumstances arise and make a warrantless search reasonable.[3] Exigent circumstances include emergency, […]

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1Apr

When Petitioners Seek Custody in Domestic Violence Court and Why We Should Take Them Seriously

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By Suzanne Reynolds* and Ralph Peeples** Introduction For a number of years now, the law has encouraged judges in domestic violence court to address child custody when a parent who receives a protective order asserts that custody is in issue between the parties.  Despite our intuition that judges should address custody in these circumstances, they have been reluctant […]

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1Apr

Another Look at General Personal Jurisdiction

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By Carol Andrews* General personal jurisdiction—whereby a state court asserts jurisdiction over a defendant on claims unrelated to the defendant’s activities in the forum state—has long been a doctrine with uncertain parameters.  It was the primary, but untested, form of personal jurisdiction under Pennoyer v. Neff.[1]  The Supreme Court in International Shoe Co. v. Washington[2] recognized general jurisdiction […]

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1Apr

Plagiarism in Lawyer’s Advocacy: Imposing Discipline for Conduct Prejudicial to the Administration of Justice

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By: Douglas E. Abrams* Introduction On August 5, 2010, a Kentucky jury convicted Karen Sypher on six counts of extortion, lying to federal investigators, and retaliating against a witness.[1]  The federal prosecution stemmed from a one-night sexual encounter between Sypher and University of Louisville men’s basketball coach Rick Pitino at a local restaurant in 2003.  […]

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