Upcoming Events

2L Team Prepares for Elon’s 8th Annual Billings Competition

Under the guidance of Professor Shannon Gilreath, second-year students, Mark Parent, Mattie Gibbons, and Shawna Abbattiello, prepare for the Billings, Exum, & Frye competition which will take place on October 19th – 21st at Elon School of Law in Greensboro, NC.
The team recently submitted their written brief and has been preparing to argue a problem that deals with the Constitutionality of a local ordinance that requires family planning centers to distribute flyers to anyone who engages the centers’ services. The municipal government based the ordinance on studies that concluded 47% of women became pregnant unintentionally and that many of the women were unaware of the reproductive services available to them.
One family center chose not to comply with the ordinance and received a written notice of the violation. The family center was given 30 days to comply or face a $50.00 fine imposed by the ordinance.
The team will argue two issues at oral argument:
(1) Does the ordinance violate family planning centers’ freedom of speech?
(2) Does the ordinance violate the family planning centers’ free exercise of religion?
The Wake Forest community wishes them the best of luck as they prepare for oral arguments.

45th Annual Stanley Competition Schedule

The 45th Annual Stanley Competition is under way at Wake Forest School of Law! Second year students presented On-Brief Oral Arguments during the week of October 31 – November 3 and are in the midst of presenting Off-Brief Oral Arguments this week, November 7-10.  The following is the schedule for the elimination rounds next week.

Sweet 16 Arguments  -  November 14

Elite 8 Arguments  -  November 15

Final Four Arguments  -  November 17 at 6 pm

Final Arguments  -  November 18 at 3 pm

If you would like more information on the Stanley Competition, please contact the Stanley Competition Co-Chairs, Erica Oates and Ethan White.

45th Annual Walker Competition Schedule

The 45th Annual Walker Competition is under way at Wake Forest School of Law! First year students presented On-Brief Oral Arguments during the week of March 28-31 and are in the midst of presenting Off-Brief Oral Arguments this week, April 4-7.  The following is the schedule for the elimination rounds next week.

Sweet 16 Arguments  -  April 11

Elite 8 Arguments  -  April 12

Final Four Arguments  -  April 14 at 6 pm

Final Arguments  -  April 15 at 3 pm

If you would like more information on the Walker Competition, please contact the Walker Competition Co-Chairs, Eric Benedict and Kayla Frederickson.

Billings, Exum & Frye Constitutional Law Competition at Elon School of Law

Wake Forest is sending two teams of advocates to the Billings, Exum & Frye Constitutional Law Competition at Elon School of Law this weekend. Professor John Korzen coaches a team of second year students: Cate Berenato ’17, Steven Hemric ’17, and Matthew Kerschner ’17 on it. Professor Steve Garland coaches a second team third year students: Kelsey Kolb ’16, Evelyn Norton ’16, and Emily Singer ’16.

Gabrielli Family Law Competition at Albany School of Law

James Lathrop ’17, Emily Jeske ’17, and Katherine Haddock ’17 are traveling to Albany, New York to compete in the 28th Annual Gabrielli Family Law Competition at Albany School of Law. The competition will be held on March 3 – March 6, 2016.

 

ABA National Moot Court Competition

Elvira Nunez ’17, Matthew Cloutier ’17, and Kayleigh Butterfield ’17 will compete in the ABA National Moot Court Competition in Washington D.C. this weekend, February 24-27 in Washington D.C.

Tulane Mardi Gras Sports Law Invitational

Blaydes Moore ’16, Sarah Remes ’17, and Daniel Fowler ’17 along with their coach Professor Barbara Lentz are preparing to travel to New Orleans, Louisiana to compete in the Twenty-First Annual Tulane Mardi Gras Sports Law Invitational. The competition will take place February 2-5, 2016.

National Moot Court Team

Two teams of students will be traveling to Richmond, Virginia November 18 through November 22 to compete in the National Moot Court regional competition. Joshua Bussen (’16), Elizabeth Ruocco (’16), and Mackenzie Salenger (’16) make up one team and are led by coach Professor Charlie Rose. Lauren Emery (’16), Woody Angle (’16), and Kaitlin Price (’16) make up the other team and are led by coach Professor John Korzen.

The National Moot Court Competition is an annual inter-law school event co-sponsored by New York City Bar Association’s National Moot Court Competition Committee and the American College of Trial Lawyers.  Since 1950, the competition has promoted the appellate advocacy arts of intellectual rigor, legal research, and persuasive argument.  This historic competition allows student advocates to hone their appellate advocacy skills before prominent members of the legal profession.  Every year, over 120 law schools compete in regional rounds throughout the United States, with winners advancing to final rounds in New York City.

Best of luck to our two outstanding National Moot Court teams!

44th Stanley Moot Court Competition Finals

The final round of the 44th Stanley Moot Court Competition will be held this Friday, November 20 in Worrell 1312 from 3:00-5:00 p.m. The final round will showcase the top two law students in the moot court competition. Blake Stafford (’17) will represent the plaintiff and Emily Jeske (’17) will represent the defendant. The distinguished panel of judges includes: Judge Richard Dietz (’02) of the North Carolina Court of Appeals, Rhoda Billings (’66), a retired Wake Forest Law professor who was the first female chief justice of the North Carolina Supreme Court, and Ken Carlson (’90), an attorney at Constancy, Brooks, & Smith and a Wake Forest Law professor of Advanced Trial Practice and Trade Secrets and Unfair Competition.

The Stanley Moot Court Competition is held each fall semester and open to all second and third year law students. This competition is held in honor of Judge Edwin M. Stanley, a distinguished Wake Forest alumnus and supporter, who served as a United States District Court Judge for the Middle District of North Carolina from 1958 to 1968.

Following oral arguments, awards will be given and the winner announced. There will be a reception in the Law Commons following the competition.

The summary of the case at issue is as follows:

This appeal involves the interpretation of a “whistleblower” or “anti-retaliation” statute, section 510 of the Employer Retirement Income Security Act of 1974 (ERISA), codified at 29 U.S.C. § 1140. The issue is whether Plaintiff Sarah Donaldson engaged in conduct protected by section 510, which makes it unlawful to discharge an employee who “has given information or testified or prepared to testify in any inquiry or proceeding” related to ERISA.

Plaintiff was the Human Resources Director of a fairly new company that was an offshoot of a bigger company. She was on the committee that oversees the company’s retirement plan. She became concerned that the retirement plan was invested in a small firm run by the brother of her company’s treasurer. She complained internally to the treasurer and then the company’s CEO. She was fired and believes it is due to her complaint about the management of the retirement plan.

Plaintiff filed suit against the employer in the Middle District of Florida for two claims: violation of the ERISA anti-retaliation provision and violation of a Florida whistleblower statute. The district court allowed the company’s motion for summary judgment on the ground that her complaint is not protected conduct under ERISA and dismissed the state law claim, declining to exercise pendent jurisdiction over it.  Plaintiff appealed the district court’s grant of summary judgment to Defendant to the Eleventh Circuit.

The argument here is one of statutory interpretation. The parties disagree over whether section 510 protects an employee’s unsolicited internal complaint to management and base their arguments on the plain meaning of section 510, other circuit decisions on point, and interpretation of other whistleblower statutes.

There is a 4-3 circuit split on this issue, with four circuits holding ERISA does not protect unsolicited internal complaints, and three holding that it does.  The Eleventh Circuit is one of the ones that has not addressed the issue. As such, this is a issue of first impression.

44th Walker Moot Court Competition Finals

The final round of the 44th Walker Moot Court Competition will be held Friday, April 17, 2015, in Worrell 1312 at 4:00 p.m.  The final round will showcase the top two first-year law students in the moot court competition.  Matt Cloutier will represent the Plaintiff and Elvira Nunez will represent the Defendant.  The distinguished panel of judges includes: Judge Richard Dietz of the North Carolina Court of Appeals, Jill Wilson, education attorney at Brooks Pierce, and Dionne Jenkins, attorney for the Winston-Salem/Forsyth County School Board.

Following the competition, there will be a reception outside of the courtroom.

The summary of the case at issue is as follows:

During the 2013-2014 school year, Piper Padgett and Liam Lanier were students at Kennedy High School, a school located in Davie County School District.  Padgett was selected for the lead role of “Millie” in the drama club’s winter production, “Eight Weeks,” which was a romantic comedy.  Lanier acted as the student director, and Ms. Adler served as the faculty director of the production.  Play rehearsals commenced in January 2014.  “Eight Weeks” was performed at Kennedy High School on April 2-4, 2014.

Between January 2014 and April 2014, Liam Lanier made several verbal comments to or about Piper Padgett during school hours and/or school-related activities.  In addition, during that same time period and while at school, Lanier touched Padgett on more than one occasion.  Padgett alleged that the verbal and physical conduct, which occurred in front of other students, constituted sexual harassment.  Lanier testified that his conduct was merely typical high school behavior and that much of the conduct was in the context of the play. Padgett claimed that as a result of the alleged harassment, she experienced a decline in school performance and participation in school activities.  In addition, Padgett testified to some psychological problems about which she consulted a doctor.

Plaintiff Hope Padgett, as next friend of Piper Padgett, filed an action against Defendant Davie County School District, alleging student-on-student sexual harassment in violation of Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 (2012) (“Title IX”).  Defendant filed a Motion for Summary Judgment. In response, Plaintiff filed a Motion for Partial Summary Judgment on the issues of whether the alleged harassment was severe, pervasive, and objectively offensive and whether it deprived Piper Padgett of access to educational benefits and opportunities.