Wake Forest Law Review

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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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1May

Choosing to Go Out with a Bang: Examining Executions by Firing Squad

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By Grace Koppenheffer As morbid as it is, most of us have probably thought about the way we would want to die, and the ways we definitely would not.  We instinctively recoil against those deaths that seem the most painful, the most inhumane. Richard Bernard Moore, a death row inmate in South Carolina, was the […]

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28Apr

Miranda Warnings: A Constitutional Right or Supreme Court “Prophylactic”?

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By Cameron Bray On April 20, 2022, attorneys and Justices of the United States Supreme Court sparred over whether Miranda warnings[1] are a constitutional right or a “judicially crafted prophylactic rule,”[2] as lawyer Roman Martinez argued in open court.  In the case of Vega v. Tekoh, the Court granted certiorari[3] of “whether a plaintiff may […]

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26Apr

If at First Congress Can’t Succeed, Try to Push the Agenda Through Independent Regulatory Agencies

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Taylor Jones Overhauling United States environmental and labor policies has been a priority of the Biden Administration since the 2020 presidential election.[1]  In fact, the Biden-Harris campaign’s website still displays Biden’s promise to “sign a series of new executive orders with unprecedented reach that go well beyond the Obama-Biden Administration platform”[2] concerning environmental issues.  Likewise, […]

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21Apr

Congressional Insider Trading: How the COVID-19 Pandemic Shed New Light on a Decades-Old Form of Corruption

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By Jacob Winton In 2004, the Wall Street Journal published an article titled U.S. Senators’ Stock Picks Outperform the Pros, reporting on an academic study that detailed the uncanny success of stock portfolios owned by United States Senators.[1]  “Politicians may have done a poor job improving the government’s bottom line,” the opening line quipped, “but […]

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19Apr

Racial Discrimination in Tenant Screening Services

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Maggie Martin In 2019, Carmen Arroyo (“Arroyo”) and the Connecticut Fair Housing Center filed suit against CoreLogic Rental Property Solutions, LLC (“CoreLogic”) on the basis that CoreLogic violated the Fair Housing Act (“FHA”).[1]  Arroyo sued on behalf of her son Mikhail, who was previously “injured in an accident . . . which left him unable […]

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12Apr

The Nondelegation and Major Questions Doctrines: OSHA’s Stayed Mandate and a Closer Look at the Growing Debate over Chevron Deference

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By Jonathon Beatty In National Federation of Independent Business v. OSHA,[1] the Supreme Court reversed the Sixth Circuit Court of Appeals and stayed the Occupational Health and Safety Administration’s (“OSHA”) rule imposing a vaccine-or-test mandate on essentially every employer with at least 100 employees.[2]  The rule and subsequent stay affected some eighty-four million private-sector workers […]

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7Apr

A New Kind of Academic Dishonestly: How the Rise of Online University Examinations Has Led to Copyright Issues

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By Morgan Kleinhandler The rise in technology and the COVID-19 pandemic have caused an increase in interconnectedness through the internet.[1]  The pandemic specifically has led to an increase in higher education utilizing remote learning and online test-taking options.[2]  Most colleges and universities were forced during the beginning and peak of the pandemic to move classes […]

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5Apr

Immigration Reforms Address Asylum Backlog but Do Little for the Most Vulnerable

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Madison Boyer A proposed reform is coming to the U.S. immigration system concerning asylum seekers. The reform would allow asylum claims to be heard by lower raking administrators to ease the backlog of cases in the immigration courts.[1]  A Notice of Proposed Rulemaking was issued jointly by the Executive Office for Immigration Review (part of […]

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31Mar

Twelve Miles Through the Last Frontier: Litigation Surrounding Land-Swap Deal in Izembek National Wildlife Refuge

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By Carli Berasi Of the 2,428,213,158 acres that make up the land area of the United States,[1] a mere twelve percent is protected land that “has been conserved as national parks, wilderness areas, permanent conservation easements, state parks, national wildlife refuges, national monuments, or other protected areas.”[2]  Protected lands, which comprise twenty-four percent of the […]

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