Wake Forest Law Review

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17Sep

Election Lawsuits: Voter Registration Data at the Heart of Political Filings

Categories: Current Issues Blog
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Sydney Basden The 2024 Presidential election is mere weeks away, and North Carolinians on both sides of the political aisle are being reminded to vote.[1] With North Carolina expected to be a key swing state in the Electoral College,[2] the political advertisements seem to be never-ending, via television commercials, internet ads, phone calls, texts, and […]

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12Sep

The Kennedy Conundrum: Robert F. Kennedy Jr.’s Bid to Remove Himself from the North Carolina Ballot

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By Jonah Auslander The Kennedy name has been a staple of American politics going as far back as John F. Kennedy’s presidential victory in 1960.[1] Ever since the 1960 election, members of the Kennedy family have found themselves in the news for various reasons.[2] One Kennedy family member that has recently been a topic of […]

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11Sep

Fumbling in Court: Exploring the Florida State-ACC Lawsuit

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Jay Ramesh Background On Saturday, August 31, fans across North Carolina rejoiced as the University of North Carolina (UNC) took down the University of Minnesota in the inaugural week of college football. The Tar Heel faithfully looks to this season with optimism as the gates to the Atlantic Coast Conference (ACC) championship have been thrown […]

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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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27May

“Reverse Divisibility” and “Subsequent Modification”: Expanding the Scope of Justified Non-Performance in Multiple Contract Situations

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14 Wake Forest L. Rev. Online 92 Gregory Scott Crespi[1] Introduction Parties to a contract sometimes invoke divisibility arguments in an attempt to recharacterize the contract as being two or more separate contracts. This is often done in order to limit the justified non-performance consequences of a breach of contract on their part. This short […]

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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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25Apr

The Major Questions Doctrine Pollutes the Future of the Biden Administration’s Vehicle Tailpipes Regulations

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Ryan Valerio The ambiguity surrounding the Supreme Court’s application of the major questions doctrine and the doubtful future of Chevron is continuing to sow uncertainty in regulations across all industries. The Biden Administration recently announced a finalized rule from the Environmental Protection Agency (EPA) that would be the country’s strictest-ever limits on greenhouse gas auto […]

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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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18Apr

Humanitarian Parole: Demystifying President Biden’s CHNV Parole Program

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Meredith Gillespie Introduction On March 8, 2024, Judge Drew B. Tipton of the United States District Court for the Southern District of Texas dismissed a lawsuit brought by twenty-one states[1] arguing that the CHNV Parole Program (“CHNV Program”) should be repealed.[2] The CHNV Program, established in January 2023, allows individuals from Cuba, Haiti, Nicaragua and […]

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17Apr

Will the DOJ Lower the Walls of Apple’s Walled Garden?

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By Maeve Hickey On March 21, 2024, the United States Department of Justice (“DOJ”) and sixteen states sued Apple, claiming the company has monopolized or attempted to monopolize smartphone markets.[1] The suit is the latest in a series of antitrust actions against the “Big Tech giants.”[2] The Federal Trade Commission has spearheaded enforcement efforts against […]

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11Apr

Too Many Cooks in the Kitchen: Home Chef Challenges the Circuit Split on the Trademark Infringement Likelihood-of-Confusion Analysis

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Hannah Doherty In 2014, the prominent meal-kit company, Home Chef, merged with supermarket chain, Kroger, Co., and adopted a new trademark, the “HC Home Mark.”[1] The mark, which is protected by five federal trademark registrations, features the silhouette of a fork and knife, contained within the outline of a house.[2] By 2021, Home Chef had […]

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9Apr

Will Florida Become the Next State to Protect Abortion Access Through Constitutional Amendment?

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Katie Palmer  Introduction In 2023, the Florida legislature passed a bill that restricted access to abortion after the gestational age of 6 weeks.[1] While the legislation provided exceptions for certain circumstances, including those in which a pregnancy may endanger the life or physical health of a pregnant woman,[2] it greatly restricted access to abortion for […]

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