Wake Forest Law Review

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27Feb

The FCC’s Recent AI Robocall Ruling and the Future of Agency Action on AI

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By Tom Budzyn On February 8, 2024, the Federal Communications Commission (“FCC”) issued a unanimous declaratory ruling giving agency guidance on the applicability of the Telephone Consumer Protection Act (“TCPA”) to unwanted and illegal robocalls using artificial intelligence.[1] In this ruling, the FCC stated its belief that unwanted spam and robocalls making use of artificial […]

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22Feb

Published Fanfiction: The Fair Use Doctrine Should Not Save You

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by Sheridan Ecker Recently, online author SenLinYu entered into a book deal with Del Ray at Penguin House to publish her debut novel, Alchemised.[1] This is not an ordinary book deal, though, as Alchemised is a reimagined version of her incredibly successful fanfiction called Manacled,[2] following Hermione Granger and Draco Malfoy from the world of […]

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20Feb

Department of Homeland Security v. Texas: Setting Boundaries on State Power

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By Jordan Carlson Eagle Pass, Texas has become the latest battleground in the perennial struggle between the federal government and the states.[1] In a January 22, 2024 order, the Supreme Court vacated an injunction that had prevented federal agents from cutting wire placed on the Texas-Mexico border by Texas.[2] The case is one of several […]

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17Feb

STOLEN LULLABIES: HOW COPYRIGHT LAW ALLOWED TAYLOR SWIFT TO RECLAIM HER MASTERS

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Marin Bennerotte As Taylor Swift fans watched the Grammys in early February, many expected an announcement of the re-release of her “Reputation” album, originally released in 2017.[1] While Swift did not announce this re-release at the Grammys, when “Reputation” does become available to the public, it will be Swift’s fifth re-recorded album since 2021.[2] The […]

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13Feb

Take Names, Ask Questions…Never? Reviewing the Fifth Circuit’s Troubling Decision in Villarreal v. City of Laredo

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  By Michael VerMeulen In a legal battle between qualified immunity and freedom of the press, which one will come out on top? In the eyes of the Fifth Circuit, the First Amendment bows down to qualified immunity for police officers. [1] This fight has come to the legal forefront in Villarreal v. City of […]

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9Feb

What Comes After Death? The Impending Impact of Connelly v. United States

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Thomas H. Ward “Pity me not, but lend thy serious hearing to what I shall unfold.”[i]  With its grant of certiorari late last December, the Supreme Court crossed the river Styx and resurrected a question that estate planners had thought was laid to rest long ago:  whether the proceeds of a life insurance policy held […]

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7Feb

From Tax-Exemptions to Title IX: Independent Schools and the § 501(c)(3) Conundrum

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14 Wake Forest L. Rev. Online 1 Sam Kiehl[1]* Introduction Should an independent school that maintains a § 501(c)(3) tax-exempt status be obligated to comply with Title IX? The answer comes down to how you define “federal financial assistance.”[2] Two recent federal court decisions from opposite ends of the country came out four days apart […]

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6Feb

A Dream of Snakes and Copyright: Another Benzene Question

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Tamara Allen “I turned my chair toward the fireplace and sank into half-sleep. Again the atoms fluttered before my eyes. . . . Long lines, often combined more densely; everything in motion, twisting and turning like snakes. But look, what was that? One of the snakes had seized its own tail, and the figure whirled […]

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30Jan

FTC Changes to Children’s Online Privacy Rule Will Make it Harder for Companies to Store Kids’ Personal Information

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Madelyn Strohm  On December 20, 2023, the Federal Trade Commission (“FTC”) announced proposed changes to its Children’s Online Privacy Protection Act Rule (“Rule” or “COPPA Rule”).[1] The proposed changes aim to keep up with changes in technology and how businesses are using children’s information collected online.[2] The updated Rule aims to further enhance children’s privacy […]

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29Jan

A Private-Public Forum: The Oxymoron of Free Speech on Social Media

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Will Coltzer The Supreme Court is set to determine whether the government can regulate the way social media platforms (“Platforms”) like X,[1] Facebook, and YouTube moderate third-party content.[2] Although social media has become ubiquitous and has been described as the modern “public forum,”[3] there remain serious questions about the authority of the government to require […]

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30Nov

Much Ado About Something: The Foreseeability Problem in Breach of Contract Claims Arising out of International Economic Sanctions

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13 Wake Forest L. Rev. Online 59 Clare Magee Introduction Russia’s 2022 invasion of Ukraine catalyzed a waterfall of political and economic upheaval across a world already reeling from the continuing COVID-19 pandemic. According to the World Bank, global trade in oil and natural gas from Russia and agricultural products from Ukraine suffered immense setbacks.[1] […]

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27Nov

Constitutional Rights Violation or Earnest Democratic Debate? Scrutinizing L.W. ex rel. Williams v. Skrmetti

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Nick Rader This September, in L.W. ex rel. Williams v. Skrmetti,[1] the United States Court of Appeals for the Sixth Circuit reversed two preliminary injunctions that had prevented state gender affirming care restrictions from taking effect.[2]  Now, statutes in both Tennessee and Kentucky prohibit minors in most circumstances from obtaining certain medical procedures offered to […]

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