Wake Forest Law Review

5Apr

A Unique Religious Exemption From Antidiscrimination Laws in the Case of Gays? Putting the Call for Exemptions for Those Who Discriminate Against Married or Marrying Gays in Context

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By: Michael Kent Curtis* Introduction A.     The Issue Faced with gay marriage in a few states, the Becket Fund for Religious Liberty and some scholars advocate exemptions from antidiscrimination laws for those with religious or moral objections to “facilitating” gay marriage.[1]  Advocates seek exemptions only in connection with gays and, at least initially, they connect […]

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6Feb

Comment: Wait a Second—Is That Rain or Herbicide? The ICJ’s Potential Analysis in Aerial Herbicide Spraying and an Epic Choice Between the Environment and Human Rights

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By: Jessica L. Rutledge* Introduction Over the past ten years, the Colombian government has persistently been digging itself into a paradoxical hole so deep that it will be remarkable if the government can make it out on top.  Despite the impressive maintenance of democracy since 1810[1] and an “excellent relationship” with the United States on […]

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6Feb

Desecration: Is It Protected Speech?

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By: David Crump* A prankster sets up a projector and shines images of swastikas onto the side of a synagogue as worshippers enter.  A vandal extinguishes the eternal flame that marks the grave of President John F. Kennedy.  A computer hacker attacks an online memorial dedicated by a grieving family to its recently deceased teenage […]

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6Feb

Winning the Game of Appellate Musical Shoes: When the Appeals Band Plays, Jump from the Client’s to the Judge’s Shoes to Write the Statement of Facts Ballad

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By: Laurie A. Lewis* Abstract An appellate brief ’s Statement of Facts is critical to a successful appeal.  The client trusts the attorney with his or her story.  To fully hear it, the attorney must actively listen and demonstrate empathy in the initial interview.  The attorney needs to step into the client’s shoes to retell […]

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6Feb

Iqbal’s Retro Revolution

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By: Benjamin P. Cooper* Introduction The Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly[1] and Ashcroft v. Iqbal[2] represent a “philosophical sea change in American civil litigation.”[3]  Although the exact meaning of these cases remains the topic of vigorous debate, there is nearly universal agreement that the decisions have “revolutionized the law on pleading”[4] […]

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6Feb

Demystifying the Determination of Foreign Law in U.S. Courts: Opening the Door to a Greater Global Understanding

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By: Matthew J. Wilson* Introduction The global influences that pervade the typical modern-day existence are sweeping both in scope and function.  Products and services provided by organizations and individuals from different parts of the world are everywhere.  Take the United States for example: automobiles and electronics on U.S. streets are designed and manufactured in Asia; […]

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16Jan

Comment: Obtaining a Declaratory Judgment Under CERCLA: Should the Past Control The Future?

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By: Rachael A. Doyle* Introduction Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)[1] to address and remedy the improper disposal of toxic and hazardous wastes.[2]  Since its enactment, CERCLA has been highly criticized for its ostensibly high transaction costs, its strict liability scheme, and the expensive cleanup costs associated with the program.[3]  […]

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