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April Legal Briefs News from Wake Forest Law

As we join the world in learning how to navigate these uncertain and unprecedented times, we will continue to share our story with you and our whole Wake Forest Law family. In that spirit, we bring you our monthly Legal Briefs, an edition that turns a page onto a new chapter for every corner of Wake Forest University as we take all parts of who we are — our teaching, our learning, our values and mission — online. We wish you and your family safety, health, and a nourishing sense of hope no matter where you #WakeFromHome.

Background photo (source Ken Bennett): The Worrell Professional Center courtyard at the beginning of spring.

#WFULAW ALUMNI SPOTLIGHT

Our alumni are analyzing how the novel coronavirus (COVID-19) is impacting the law and the delivery of services at the local, state, national, and international levels.

  • COVID-19 has introduced a new global arms race — a race to own the patent rights to a coronavirus vaccine, writes Rebeca Echevarria Harasimowicz (JD/MA in Bioethics '14) in her National Law Review article, "The Global Patent Race for a COVID-19 Vaccine." Harasimowicz is a registered patent attorney and serves as senior associate in the area of Intellectual Property Law at Summa PLLC in Matthews, North Carolina. She was on the editorial board of the Wake Forest Journal of Business and Intellectual Property Law and served as president of Wake Forest Law's Latino Law Student Association, Women in Law Society, and the Student Bar Association (SBA).
  • Patrick Wilson (JD '19) co-authors an analysis on Maryland's stay-at-home order in his National Law Review article, "Maryland Issues Comprehensive Stay-at-Home Order Affecting Businesses and Employees." Wilson is an attorney at Ogletree Deakins who counsels management on labor and employment as well as workplace safety matters. He is also a former member of the Journal of Business and Intellectual Property.
  • Hailey Cleek (JD/MA Bioethics '19) authors California Law Review article, "Pandemic Behind Bars: Prioritizing the Release of Elderly, Chronically Ill, and Recent Alleged Parole Offenders with Technical Violations in Anticipation of COVID-19’s Peak." Cleek was the senior articles editor for the Wake Forest Law Review and served as a prominent leader for Wake Forest Law's chapter of If/When/How, the Domestic Violence Awareness Coalition (DVAC), and the bioethics journal, Awaken: The Creative Journal of Contemporary Bioethics.

All Wake Forest Law alumni are invited to share their coronavirus-related publications with us by emailing lawcomm@wfu.edu.

Background photo (source Ken Bennett): Wait Chapel behind blossoming trees at the beginning of spring.

Annual Fund at Work

Journal of Law and Policy to host virtual, asynchronous symposium on quarantine

In 2018, the Wake Forest Journal of Law and Policy hosted a symposium that brought together top legal scholars and public experts to discuss federal and state quarantine policy in the wake of the SARS and Ebola epidemics. “Isolated by the Law” offered forward-thinking discussions around the laws and ethics of quarantine, including considerations should a wide-spread quarantine be necessary in the future.

And then came COVID-19, the coronavirus that has many countries, including the United States, facing these very issues.

“Two years ago, we couldn’t have known how significant our symposium would become,” said Professor Chris Coughlin (JD '90). “We had expected that modern public health had greatly reduced the need for quarantine, but we are seeing new legal and ethical issues emerge daily. To that end, we are offering an update from original speakers and other legal and public health scholars in an online symposium, accessible to all.”

Wake Forest University School of Law, the Wake Forest Center for Bioethics, Health & Society and the Wake Forest Journal of Law and Policy have banded together to organize "Isolated by the Law, Part 2," a virtual, asynchronous symposium, which is expected to be made publicly available later this month.

Nationally recognized experts will provide 15-minute videos which examine the critical balance between public health interests and individual rights, focused on global and domestic health policy.

Background photo (source iStock): A quarantine tent in sunlight.

ANNUAL FUND AT WORK

Gizem Halis Kasap (SJD '20) authors Turkish Law Blog article that discusses rapid technological changes in international arbitration as a result of the coronavirus era. Read "COVID-19 and e-Arbitration: The Takeaways for Turkey" to learn how international arbitration is witnessing 10 years of technological transformation in only a matter of days.

Kierin Bernard (JD '21) authors the Journal of Law & Policy article, "Telemedicine and the Ryan Haight Act." Read her analysis of how the Ryan Haight Act prevents doctors from remotely prescribing medication and fully providing care to underserved communities.

Agustin Martinez (JD '20) authors Wake Forest Law Review article, "COVID-19 Stimulus Package: What CARES Act Rebates Mean for Immigrants." Read how immigrants are impacted by the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

Background photo (source Wake Forest Law): Row of books in the Wake Forest Law Library.

How do you #WakeFromHome?

The spirit of pro humanitate keeps us together in uncertain times, uniting us behind a shared purpose of helping others. Whether on the front lines of the fight against the coronavirus, bringing a few smiles to tough times, or joining the cause in whatever way physical distancing allows, Wake Foresters are doing what they can, where they can.

We'd love to see your #WakeFromHome photos or videos that share your experience. Please tag @WFULawSchool on Facebook, Twitter, Instagram, and LinkedIn. You can also submit your stories by selecting the Share Your Story button below.

See how our Wake Forest students, faculty, staff, and alumni are being champions of #WakeFromHome at wakefromhome.wfu.edu.

Background photo (source Wake Forest University): Wake From Home text with Wait Chapel graphic.

Faculty Highlight

Professors weigh-in on legal implications of COVID-19

Wake Forest Law professors are weighing in on the legal implications of the COVID-19. See where our faculty experts have shared their expertise and research over the past month.

Professor Christine Nero Coughlin (JD '90) was quoted in to two Axios articles, "The Americans Who Can't Hide from Coronavirus" and "Trump Policies Could Scare Immigrants Away from Coronavirus Care." She also co-wrote, "Quarantine For All," an op-ed in The Hill. Professor Coughlin is also leading the Journal of Law and Policy's initiative to provide access and coronavirus-related updates to their 2018 symposium, "Isolated by the Law: Legal and Ethical Considerations in Imposing Quarantine in Public Health Emergencies."

Professor Ron Wright tells the New York Times that the longer COVID-19 prevents certain people from jury duty participation, the more likely defendants will be able to successfully argue that they did not receive a fair trial. Read "Justice Is Blind. What if She Also Has the Coronavirus?" to learn more.

Professor Andrew Verstein analyzes the application of insider trading laws and politician stock sales before the COVID-19 market crash. Read "Senator Richard Burr and Mixed Motives for Insider Trading," an article featured in the Columbia Law School Blue Sky Blog.

Professor Sidney Shapiro discusses the costs of the COVID-19 era in "What is the cost of freedom and liberty in the era of coronavirus?," an op-ed in The Hill. He also co-wrote "Three Steps for an Expert Response to COVID-19," a Center for Progressive Reform blog article that outlines how experts can best respond to the pandemic.

Background photo (source Ken Bennett): Professor Chris Coughlin discusses ethical dilemmas during the 1918 Flu Pandemic at Dining Dilemmas, a 2018 event sponsored by Wake Forest University's biology department and Center for Bioethics, Health, and Society.

Last Chance to Register

Wake Forest Law and Curi have joined forces to offer online executive education to help you navigate and support the shift to telemedicine during the COVID-19 era. Our self-paced course will cover telehealth options as well as current shifts in clinical risk and legal implications. Industry expert and Wake Forest Law Professor Bryan Arkwright will host two live sessions on coronavirus-related telehealth and its effects on the delivery of care and services.

Register by April 10 to earn a certificate. Continuing Legal Education (CLE) credits are pending for North Carolina attorneys.

Background photo (source iStock): A doctor using an iPad.

Remembering Miki Felsenburg (MBA '78, JD '91)

Wake Forest Law Professor Emeritus Miki Felsenburg (MBA ’78, JD '91) passed away after a brief battle with pancreatic cancer. She joined the faculty in 1994 and continued to practice law for the Forsyth County Public Defender’s Office for some time.

Felsenburg was one of the longest-serving members of the Legal Analysis, Writing, and Research (LAWR) program. She taught legal writing along with Appellate Advocacy, and courses at the School of Business before her retirement in 2012. In addition, she was a Wake Forest Law Faculty Scholar, a member of the Wake Forest Law Review, and a member of the Moot Court Board. She was beloved by her fellow faculty and students.

In 2007, she and Professor Laura Graham (JD ’94) created a long-term empirical study of first-year LAWR students at two law schools to learn more about how students adapted, publishing in the Fall 2010 Journal of the Legal Writing Institute. Together, they presented their findings and follow-up research at scholarly conferences and venues and recently published the second edition of their book The Pre-Writing Handbook for Law Students last year. Professor Felsenburg was considered one of the leaders in the nationwide discussion and movement to bring social and diversity issues into the construction of legal writing problems.

"From her time as a student, Miki had a commanding presence at Wake Forest Law. When she graduated, the faculty chose her for an award that recognized her for leadership and professionalism, and we watched with pride as she practiced law with passion and grace," Dean Emerita Suzanne Reynolds (JD '77) said. "How fortunate for the law school that her devotion to teaching led her back to Wake Forest, where thousands of law students are better lawyers today because of Miki Felsenburg."

Professor Felsenburg was buried at Green Mountain Cemetery, in Boulder, CO on March 31. Due to current circumstances, a proper memorial service will be held at a later date. When the date and time are settled a posting will be made on Miki's CaringBridge page. Memorial gifts may be made to Dairy Arts Center.

Background photo (source Ken Bennett): Miki Felsenburg (MBA ’78, JD '91).

Pro Humanitate Days: Reimagined

Though we find ourselves in challenging circumstances, Wake Foresters everywhere have a unique opportunity to demonstrate our pro humanitate spirit, to serve others, and to give of ourselves for the betterment of humanity, even from the confines of our homes. During this year's Pro Humanitate Days, we are encouraging students, alumni, and friends to take at least one action that shows the world that #GoodWearsBlack.

Our communities could all use a bit more care. Good thing that’s exactly what Deacs are prepared to give.

Background photo (source Wake Forest University): Pro Humanitate Days top hat graphic.