Wake Forest Law Review

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29Mar

Unconstitutional and Ongoing: Property Taxes Funding Ohio’s Public Schools

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Danny Cundiff The Constitution of Ohio states, “[t]he general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state . . . . ”[1]  Under a “thorough and efficient system,” it is “the […]

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29Mar

Limiting the Rule of Lenity

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12 Wake Forest L. Rev. Online 45 Joshua S. Ha* “The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself.”[1]  That is how Chief Justice Marshall described the rule of lenity in United States v. Wiltberger.[2]  The doctrine is rooted in seventeenth-century England, where it arose […]

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24Mar

North Carolina’s Redistricting Saga

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By Tanner Henson Before diving into the legal challenges that surrounded North Carolina’s 2022 congressional redistricting, it is important to understand the recent history of redistricting in the state.  In 2010, a wave election year for North Carolina Republicans, the GOP stunned those who follow state politics by securing majorities in both houses of the […]

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22Mar

Ut Justitia Sit – How Church and Secular Law Can Fight Abuse in the Catholic Church

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Chandler J. Reece[1] If you ask someone to tell you a Catholic joke, it could be about a priest acting inappropriately with a child.  That situation reflects the significant impact that the abuse crisis continues to have on the Catholic church. [2]  Given the seriousness of this ongoing topic, this Blog provides a history of […]

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17Mar

Not So Equitable Distribution: Divorcing Spouses Are Using Cryptocurrency to Conceal Assets

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By: Christian Schweitzer Cryptocurrency (“Crypto”) is a decentralized digital currency stabilized by the blockchain, a digital ledger accessible and verifiable by millions of computers worldwide, that records every crypto transaction.[1] Crypto is no longer a fringe venture reserved for only the savviest players in the digital marketplace.[2] Recent estimates suggest that over twenty-seven million Americans […]

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15Mar

Military Mulligan: Thousands of Less-Than-Honorably Discharged Veterans Now Eligible for a Redo Thanks to Recent Court Settlements

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Joshua Plummer             The United States’ (“U.S.”) chaotic withdrawal from Afghanistan in August 2021 may have marked the end of the longest war in American history,[1] but it did not end the battle for thousands of veterans[2] who fought in the two conflicts that defined the post-9/11 generation.[3]  Though the final shots of both conflicts […]

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10Mar

Bankrupting Review: Equitable Mootness and the Increasing Unreviewability of Confirmed Chapter 11 Plans for Reorganization

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By Cameron Bray Equitable mootness is a common-law doctrine that prevents a Chapter 11 plan from being reviewed when an appellant has “failed and neglected diligently to pursue their available remedies to obtain a stay” and changes in circumstances “render it inequitable to consider the merits of the appeal.”[1]  Judges and practitioners alike tend to […]

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3Mar

The “Valid-When-Made” Doctrine Survives its First Significant Legal Challenge

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By Michael J. Riedl Consumer lenders across America breathed an initial sigh of relief on February 8, as the Northern District of California sided with the Office of the Comptroller of the Currency (the “OCC”) and the Federal Deposit Insurance Corporation (the “FDIC”) in upholding the “valid-when-made” rule pertaining to high-interest consumer loans.[1]  By upholding […]

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1Mar

A (Social Media) Picture Is Worth A Thousand Words . . . or $1.2 Million: The Right of Publicity and Social Media Copyright Infringement

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By Carli Berasi Lurking behind bushes,[1] skulking behind trash,[2] and prowling under cars,[3] paparazzi spend their days behind the camera, seeking optimal, exclusive angles of their incredibly photogenic subjects: celebrities.[4]  Celebrities, who are often fiercely protective of their privacy, lose more than just their solitude, anonymity, and secrecy by their public figure status being subject […]

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28Feb

THE SCARLET LETTER: NORTH CAROLINA, GIGLIO, AND THE INJURY IN SEARCH OF A REMEDY

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12 Wake Forest L. Rev. Online 24 Jeffrey Steven McConnell Warren, Esq.* In North Carolina, a law enforcement officer’s career can be over with the stroke of a prosecutor’s pen.  Cloaked in prosecutorial immunity, district attorneys enjoy a little-known power to decide that a law enforcement officer’s character for truthfulness is materially impaired and that […]

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24Feb

Now Leaving Oklahoma: Castro-Huerta and its Potential to Change State Criminal Jurisdiction on Native Lands

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By: Mathias A. Young In 2020, the Supreme Court declared that a large part of Oklahoma was still Indian country[1] because Congress had never formally disestablished a reservation. While the McGirt v. Oklahoma[2] decision certainly had a large impact on the state of Oklahoma and was celebrated as a recognition of Native American treaty rights, […]

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22Feb

When the Free Speech, Free Exercise, and Establishment Clauses Collide: Setting the Stage for Kennedy v. Bremerton School District and Its Potential Impact on Public Employees’ First Amendment Rights

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By Jonathon Beatty What happens when a public-school employee’s free speech and free exercise rights run contrary to the Establishment Clause of the First Amendment?[1]  The Supreme Court will answer that question in Kennedy v. Bremerton School District[2] and shed light on the intersection of the Free Speech, Free Exercise, and Establishment Clauses.[3]  Specifically, the […]

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