Wake Forest Law Review

16Jan

Comment: Barbie Can Get A Tattoo, Why Can’t I?: First Amendment Protection of Tattooing In a Barbie World

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By: Matthew Alan Cherep* Introduction Nearly one in four American adults under the age of fifty has a tattoo.[1]  Modern tattoos may commemorate important events in our lives, like the birth of a child or the death of a loved one; they may signify passionately held beliefs, through a peace sign or a Gadsden Flag; […]

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16Jan

Note: The New Meaning of New Process Steel, L.P. v. NLRB

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By: Julia Di Vito Introduction On June 17, 2010, the United States Supreme Court overturned more than five-hundred decisions issued by the National Labor Relations Board (“Board”) with one decision.  In so doing, the Court also overturned a decision by the United States Court of Appeals for the Seventh Circuit and affected decisions made by […]

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16Jan

The Supreme Court’s Surprising and Strategic Response to the Civil Rights Act of 1991

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By: Michael Selmi* Introduction The Civil Rights Act of 1991 (“CRA”) sought to change the employment discrimination landscape.  The CRA overturned or repudiated eight Supreme Court decisions that had narrowed the scope of Title VII in a way that Congress determined was inconsistent with the broad purpose of eradicating employment discrimination.[1]  Relatedly, the CRA transformed […]

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16Jan

From Wards Cove to Ricci: Struggling Against the “Built-in Headwinds” of a Skeptical Court

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By: Melissa Hart* Introduction When Congress passed the 1991 Civil Rights Act (“1991 Act”), the new disparate impact provisions of the law were heralded as a victory for civil rights plaintiffs.[1]  After all, the statute was enacted in response to the Supreme Court’s cramped, “near-death”[2] interpretation of disparate impact law in Wards Cove Packing Co. […]

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16Jan

Ricci’s Dicta: Signaling A New Standard For Affirmative Action Under Title VII?

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By: Roberto L. Corrada* Introduction The standard for voluntary affirmative action[1] under Title VII has been in question in recent years.  The last United States Supreme Court opinion to directly address the matter is over twenty years old, and the Court’s composition has changed since then.  In the years since the last Title VII affirmative […]

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16Jan

Juries, Race, and Gender: A Story of Today’s Inequality

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By: Wendy Parker* Introduction The Civil Rights Act of 1991[1] (“Act” or “1991 Act”) was thought to be a victory for employment discrimination plaintiffs—a “dramatic” expansion of their rights.[2]  Twenty years later, however, we are told that the news for employment discrimination plaintiffs has gone “from bad to worse.”[3]  Employment discrimination plaintiffs should expect defendants […]

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24Nov

Note: Vernor v. Autodesk, Inc.: The Last First Sale?

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By: Andrew L. Berrier* Licensed Application End User License Agreement The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to […]

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24Nov

Comment: Better Late Than Never? The Effect of the Native American Graves Protection and Repatriation Act’s 2010 Regulations

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By: Zoe E. Niesel* Introduction In 1998, a thirty-year drama came to an end when anthropologists at the University of Nebraska agreed to return the skeletal remains of 1702 Native Americans to a coalition of fifteen modern tribes.[1]  For the tribes involved, this repatriation represented the end of a long struggle to assert their right […]

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24Nov

Beyond the Board of Directors

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By: Kelli A. Alces* Introduction The board of directors has outlived its purpose.  The board is theoretically responsible for directing the management of a corporation, for monitoring its senior officers, and for making significant business decisions.  The typical directors of the largest multinational corporations devote about seventeen hours per month to the governance of the […]

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23Nov

Deterring Abuse of the Copyright Takedown Regime by Taking Misrepresentation Claims Seriously

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By: Lydia Pallas Loren* Abstract Copyright owners routinely obtain prompt removal of allegedly infringing materials from the Internet using takedown notices.  The Copyright Act’s takedown procedures are an attractive and powerful tool to combat infringement because they do not require filing a federal copyright infringement complaint, nor do they involve any neutral assessment of the […]

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23Nov

The Power to Issue Stock

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By: Mira Ganor* Abstract Studies of management’s disregard of the will of the shareholders have focused on combinations of entrenchment mechanisms and special governance structures.  However, management’s power to issue stock—a fundamental element of the ability of management to control the corporation regardless of the will of the shareholders—has received scarce attention.  This Article highlights […]

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