Wake Forest Law Review

18Mar

GOOD-FAITH FILINGS, SOLVENT DEBTORS, AND THE BANKRUPTCY CLAUSE

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15 Wake Forest L. Rev. Online 1 Nicholas R. Rader Introduction Corporations may, as a result of their operations, incur substantial contingent liabilities that diminish their enterprise value.[1] In some cases, these contingent liabilities take the form of mass tort judgments, which threaten to drag corporations into protracted, complex litigation in diverse forums with potentially […]

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4Mar

Third Time’s the Charm?: DEA and HHS Proposed Rules for Telemedicine Prescribing

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By Kaitlyn Snyder  On November 19, 2024, the Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) issued a Third Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications, extending the flexibilities through December 31, 2025.[1] The third—and supposedly final—temporary extension aims to give the DEA and HHS enough […]

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28Jan

(Out of Cite), Out of Mind?

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By Andy Harp It is no secret that legal writing can be difficult to read. It becomes even more of an ordeal when a sentence with a very simple proposition is followed up by three lines of citation. Reading a judicial decision becomes an acrobatic endeavor, dodging a “quoting” here and an “abrogated by” there. […]

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15Nov

Changing the Language, Not the Law: North Carolina’s Citizens-Only Amendment

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  By Emily Gordon When North Carolina residents voted in the 2024 election, they might have been surprised to see a ballot measure regarding a proposed amendment to the state constitution.[1] Prior to the election, the North Carolina State Constitution allowed “every person born in the United States and  every person who has been naturalized” […]

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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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20May

NIFLA and the Argument Against “Professional Speech”

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14 Wake Forest L. Rev. Online 69 Introduction Since its founding, our nation has highly valued the freedom of speech. The Founders sought to ensure robust free speech protection, recognizing “an inalienable natural right to express one’s thoughts.” [1] In writing the founding documents, the Drafters emphasized the rights to write, speak, and publish as […]

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23Apr

A Right Without Bite: Will North Carolina’s Unique Protections for Economic Liberty Act Their Age and Grow Some Teeth?

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By Clay Shupak State constitutions are not replicas of the United States Constitution: they are independent guarantors of liberty.  The North Carolina Supreme Court will soon decide two cases that could increase protections for economic liberty across the state, Singleton v. North Carolina Department of Health and Human Services[1] and Kinsley v. Ace Speedway Racing […]

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24Oct

The Social Cost of Greenhouse Gases: New Uses, Same Figures.

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Caitlin Maguire  Imagine if you could transform greenhouse gases into money. The Social Cost of Greenhouse Gases (“SC-GHG”) does just that, but unfortunately, you cannot spend it. The SC-GHG is a metric created by the Interagency Working Group on the Social Cost of Greenhouse Gases (“IWG”).[1] The metric provides a monetary estimate that represents both […]

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15Aug

Bruen One Year Later: The State of the Second Amendment and Implications on the Rights of Felons

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Kaylee Tillett Prior to 2008, gun-rights advocates referred to the Second Amendment as a “second-class right” with courts relying on a militia-centric interpretation articulated by the Supreme Court of the United States in United States v. Miller.[1] Nearly seventy years after Miller, the Supreme Court radically changed its interpretation of the Second Amendment in District […]

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4Aug

Safeguarding the System: How State Banking Officials Can Strengthen the Integrity of the U.S. Banking System

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Professor Brock Kannan State banking officials can leverage lessons from the 2023 bank failures to become more aware of their pivotal role in protecting the integrity of the U.S. banking system. Bank regulation ensures the financial system’s stability by protecting consumers and preventing the actions of bad actors. We trust the system because numerous state […]

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2Feb

FTX Arena – Miami-Dade County Feeling the Heat

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By Sam Kiehl Anytime you are stuck in a relationship that you want out of, it’s tough. But that’s especially so when you’re only five hundred twenty-six days into a nineteen-year contract with an embattled cryptocurrency exchange that allegedly used customer funds to make risky trades and reportedly owes creditors more than $3 billion.[1]  Fortunately […]

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7Sep

Burdens of Production as Unproductive

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Burdens of Production As Unproductive R. George Wright[1]* Introduction The placement of a legal burden of proof can be decisive as to the outcome of a case.[2] Considerations of cost, fairness, and pragmatism normally play a role in allocating burdens of proof.[3] Often, burdens of proof—particularly burdens of producing evidence on specific issues—are shifted between […]

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