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Furthering Interests Abroad: Advancing Trademark Rights in the Americas in the First Decades of the Twentieth Century
No full texthttps://digitalcommons.wcl.american.edu/facsch_bk_contributions/1428/thumbnail.jp
Legal Interventions to Promote Healthy Housing
No full textThe Wake Forest Law Review is incredibly excited to present the 2025 Symposium—There’s No Place Like Home: Using the Law to Promote Healthy Housing.
The Symposium will be held on February 21, 2025, live at the Wake Forest University School of Law in Worrell 1312, and will follow this schedule
Navigating the Backlash and Reimagining Diversity, Equity, and Inclusion in a Changing Sociopolitical and Legal Landscape
No full textThis article examines the shifting landscape of diversity, equity, and inclusion (DEI) in higher education amid intensifying sociopolitical opposition. Once central to fostering inclusivity for marginalized groups, DEI efforts now face backlash from federal, state, and corporate entities. The challenge lies not only in defending DEI efforts but also in reimagining it to remain effective and resilient in politically volatile times. Without historical context, debates risk oversimplifying DEI’s purpose and challenges. This piece traces the origins of DEI and anti-DEI movements, examines current legal threats and restrictive policies, and offers strategies to sustain and strengthen DEI initiatives in higher education
National Security Issues Arising In Anticorruption Enforcement
No full textThe overlap between national security and corruption has long been recognized; however, the government’s views on the nature of the overlap have shifted over time. For instance, in June 2021, the Biden administration announced an initiative to combat corruption as a core national security interest. The administration ordered a review by fifteen government agencies and offices, including the Central Intelligence Agency and the Office of the Director of National Intelligence. Then, in February 2025, the Trump administration declared that “overexpansive and unpredictable” enforcement of the Foreign Corrupt Practices Act of 1977 (“FCPA”) “actively harms American competitiveness and, therefore, national security.” To “eliminat[e] excessive barriers to American commerce abroad” and thereby advance U.S. national security interests, the Trump administration paused initiation of new FCPA investigations. The administration also ordered the Department of Justice (“DOJ”) to ensure that all active FCPA investigations and enforcement actions are within the proper bounds of corruption enforcement and preserve presidential foreign policy prerogatives. The DOJ ultimately concluded that it will continue to pursue FCPA enforcement that focuses on “the most urgent threats to U.S. national security,” including “in sectors like defense, intelligence, or critical infrastructure.
Markets: Crypto Week Kicks Off in Congress, Will Tesla Invest in xAI? & Google’s $2.4B Windsurf Deal.
No full textVideo Analytics and Fourth Amendment Vision
Get PDFWhat does the Fourth Amendment have to say about video analytics running on citywide camera systems? Video analytics (also known as computer vision) involves hardware and software in cameras that turns video surveillance streams into useful data, identifying, categorizing, matching, and alerting police about objects, people, and incidents. Video analytics can identify objects (e.g., hat, backpack, person, car) and track that person or thing back in time and through the streets using video surveillance footage. For police officers conducting virtual patrols or retrospective investigations, video analytics lets police scan thousands of linked cameras for suspicious behavior or a particular suspect, thus drastically enhancing police surveillance power.
The Fourth Amendment question is whether this form of police investigation is a search, violating a reasonable expectation of privacy. Traditional Fourth Amendment doctrine has long allowed video cameras in public under the theory that people have negligible expectations of privacy in public areas. The open question is whether a digital video analytics system that allows for city-wide continuous object identification, classification, matching, tracking, sorting, and storing of images changes the constitutional analysis.
This Article argues that video analytics presents a different constitutional problem than traditional video surveillance. Properly understood what is happening behind the scenes with video analytics should alter the reasonable expectation of privacy analysis. This Article builds upon recent Supreme Court cases to develop a theory for when digital surveillance becomes a Fourth Amendment search.
The Article also uses video analytics to explore the limits of Fourth Amendment doctrine. Interestingly, the tension in applying the existing Fourth Amendment framework to the puzzle of video analytics reveals several unstated but important
Bringing Cases Back to Life: The Voluntary Cessation Doctrine and Public Prison Defendants
No full textThe voluntary cessation doctrine allows courts to hear cases that would otherwise be moot. Even if defendants cease their challenged behavior, courts will still decide cases if the defendants can resume their alleged misconduct.
For years, circuit courts have incorrectly applied a lower standard to government defendants who assert that they will not resume their challenged conduct. However, the Supreme Court requires that government defendants face the same heavy burden as private actors.
This standard likewise applies to public prison defendants. Lower courts must ensure these defendants meet the same heavy burden, meaning public prisons that make easily reversible policy changes or single exceptions for incarcerated plaintiffs during litigation do not satisfy the Supreme Court’s burden for proving mootness
This Union Drive Could Have Been an Email: Adapting Representation Elections to the Internet Age Under the NLRA
No full textDuring its 2024 Session, the Supreme Court of the United States sent shockwaves throughout the field of administrative law. Its decision in Loper Bright Enterprises v. Raimondo dramatically changed the level of deference owed to federal administrative agencies. Further, the holding of SEC v. Jarkesy imposed an obligation to try some cases concerning administrative penalties “sound[ing] in both law and equity” in an Article III court. These decisions all but guarantee an explosion of litigation in federal court concerning administrative rules, adjudication, and governance. Moving forward, administrative agencies must severely increase their budget allowances for federal litigation, take prophylactic measures to avoid prolonged judicial review, and prepare to slow down their policymaking and governing processes to account for time spent in federal court. The National Labor Relations Board (NLRB or the Board) stands to bear a comparatively increased burden from these decisions as it already operates under severe budget constraints and a progressively increasing load of outstanding cases year over year
Comprehensive Bibliography on Independent Accountability Mechanisms at International Development Finance Institutions (1993-2024)
Get PDFThis bibliography collects published and some non-published material relating to the World Bank Inspection Panel and other independent accountability mechanisms (IAMs) at international development finance institutions (IFIs). Not included are those reports, decisions, action plans, etc., that are generated by the IAMs or IFIs in processing a specific case and made available on the IAM’s website through, for example, a registry of cases. The bibliography is organized according to the following sections:
I. Publications Relating to Independent Accountability Mechanisms, including Books, Chapters, Articles, Working Papers, Dissertations, Reports, Newsletters, Press Releases, Statements, and Comments
II. Publications from International Organizations, including publications of the Independent Accountability Mechanisms (IAMs) (except those documents publicly released by the IAM part of handling specific complaints (e.g., eligibility reports and recommendations or compliance investigation reports))
III. Testimony and other Parliamentary or Congressional Reports relating to the IAMs
IV. Selected Publications Generally Related to Accountabilit