Wake Forest Law Review

We are very excited to welcome the newest members of the Wake Forest Law Review. Join us in congratulating these outstanding students.

The doctrine of divisibility is well known in contract law, yet there is little discussion by courts and scholars of reverse divisibility, which involves the recharacterization of two or more facially separate but closely related contracts as a single contract. In "'Reverse Divisibility' and 'Subsequent Modification': Expanding the Scope of Justified Non-Performance in Multiple Contract Situations," Professor Gregory Crespi discusses reverse divisibility and its practical applications. https://lnkd.in/eGG-r3dv

Should "professional speech" be a separate category of speech subject to a lower standard of review than strict scrutiny? In her note, "NIFLA and the Argument Against Professional Speech," Executive Editor Caroline Willcox answers in the negative. She contends that the existing exceptions to strict scrutiny are adequately broad to allow for state police power protection while maintaining the strength of the First Amendment, even in the professional sphere. https://lnkd.in/e2kct78d

Recently, the Biden Administration announced a new rule from the EPA that places strict limits on greenhouse gas emissions. This rule has potential challengers, citing agency overreach under the major questions doctrine. Wake Forest Law Review 2L Board Member Ryan Valerio discusses the major questions doctrine in the context of environmental regulation. https://lnkd.in/gB_EVf85

Will the North Carolina Supreme Court rule to defend or thwart protections for North Carolinians’ economic liberty? Wake Forest Law Review 2L board member Clay Shupak discusses the upcoming cases that may change the court’s approach to the Fruits of Their Labor Clause.

Earlier last month, a Judge in Texas dismissed a lawsuit brought by twenty-one states arguing that the CHNV Program, a program allowing individuals from Cuba, Haiti, Nicaragua, and Venezuela, to enter the United States, should be repealed. Wake Forest Law Review 2L Board Member Meredith Gillespie discusses the legality of the CHNV program and the history of humanitarian parole. https://lnkd.in/g4pdh7DY

Is Apple trying to justify its smartphone monopoly under the guise of protecting consumer privacy? Wake Forest Law Review 2L board member Maeve Hickey discusses Apple’s attempts to justify its anti-competition strategies in a series of antitrust actions culminating in United States v. Apple.

Home Chef has spent millions of resources advertising under the trademark they adopted in 2014. However, their advertising efforts were hindered when Grubhub introduced an extremely similar mark, leading to litigation. Wake Forest Law Review 2L Board Member Hannah Doherty discusses the circuit split facing trademark infringement litigation cases like this one. https://lnkd.in/gqXNk4pi

Will Florida be the next state to amend its constitution to protect access to abortion? Wake Forest University School of Law 2L and Wake Forest Law Review Online Editor Katie Palmer discusses the issue. https://lnkd.in/e9ifwQDd

The U.S. Supreme Court recently heard oral argument regarding whether the failure to include required disclosures can give rise to a private cause of action under Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934. Wake Forest Law Review 2L staff member Ryan Kainz analyzes this Supreme Court case and the impacts the decision will have on securities litigation. https://lnkd.in/gfHkVNrU