Author Archives: Luke Wake

About Luke Wake

Luke A. Wake is a senior staff attorney at the NFIB Small Business Legal Center. Wake has particular expertise on environmental and land use issues, and has worked on numerous other constitutional issues and matters of importance to small business owners. He is an ardent defender of private property rights, which he believes are essential to the free enterprise system and the foundation of American liberty. As a strong advocate of individual rights and economic liberties, he has built his career defending small business interests. Since joining the NFIB Legal Center, Wake has focused on a whole host of issues, from employment law matters to regulatory compliance. In addition to serving as a resource for small business owners, Wake remains committed to the Legal Center’s pledge to ensure that the voice of small business is heard in the nation’s courts. He is also working to advance small business interests in law review articles, including publications in the Berkeley Journal of Law & Ecology, the Texas Journal of Law and Politics, and Competition Magazine. See R.S. Radford & Luke A. Wake, Deciphering and Extrapolating: Searching for Sense in Penn Central, 38 Ecology L.Q. 731, 746-747 (2011); Damien M. Schiff, Luke A. Wake, Leveling the Playing Field in David v. Goliath: Remedies to Agency Overreach, 17 Tex. L. Rev. & Pol. 97 (2012); Jarod M. Bona and Luke A. Wake, The Market-Participant Exception to State-Action Immunity From Antitrust Liability, J. of Antitrust and Unfair Competition of the State Bar of Ca., Vol. 23, No. 1, 156 (Spring 2014); James S. Burling and Luke A. Wake, Takings and Torts: The Role of Intention and Foreseeability in Assessing Takings Damages, in Condemnation 101: Making the Complex Simple in Eminent Domain 449-51 (ALI-ABA Committee on Continuing Professional Education eds. 2011). Before joining the Legal Center’s team, Wake completed a prestigious two-year fellowship as an attorney in the Pacific Legal Foundation’s (PLF) College of Public Interest Law. Wake is a graduate of Case Western Reserve University School of Law in Cleveland Ohio. He is a member of the California Bar, the District of Columbia Bar, and the U.S. Supreme Court Bar. He completed his undergraduate studies at Elon University in North Carolina in 2006 where he focused on political theory and corporate communications.

Can Government Engage in Anticompetitive Conduct?

If you run a business renting bikes, it is definitely going to be a problem if your municipality should start a program renting out bikes at below market rates to tourists. Of course, these issues come up from time to … Continue reading

Posted in Uncategorized | Leave a comment

Why is NFIB and NFIB Legal Center So Concerned About the Federal Government’s Clean Water Act Land-Grab?

$37,500 Per Day in Penalties for a CWA Violation Not too long ago, NFIB Small Business Legal Center came to the defense of an ordinary Idaho couple facing serious heat from the Environmental Protection Agency (EPA). Mike and Chantell Sackett … Continue reading

Posted in Uncategorized | Leave a comment

Boiling-Down the Federal Government’s Clean Water Act Land-Grab

NFIB and NFIB Small Business Legal Center are currently in the process of preparing comments, which we will soon submit to the Environmental Protection Agency (EPA) and the Army Corps of Engineers, voicing small business concerns and legal objections to … Continue reading

Posted in Uncategorized | Leave a comment

First Amendment Concerns and Equal Protection Problems: Why Government Can’t Force a Non-Consenting Business into a Collective Bargaining Agreement

The Fresno Business Journal ran a great editorial last week from NFIB’s Small Business Legal Center’s Executive Director, Karen Harned, on a hot-button issue that’s gotten a lot of attention lately. The case comes out of California’s Central Valley—America’s breadbasket. … Continue reading

Posted in Uncategorized | Leave a comment

NYC’s Soda Ban on Trial in High Court

When announcing the City’s ban on large soda drinks, Mayor Bloomberg thought that he was going to make New York City a leader in the push for Nanny State regulations nationwide. Many health advocates seem to think it’s a good … Continue reading

Posted in Uncategorized | Leave a comment

NFIB Legal Center Defends Entrepreneur in 54 Million Dollar Personal Liability Claim

The NFIB Small Business Legal Center recently announced that it was coming to the defense of an entrepreneur in his lawsuit against the federal agency that destroyed his company and then came after his personal assets—despite the fact he was … Continue reading

Posted in Uncategorized | Leave a comment

Taking the Fight for Fair Compensation to the California Supreme Court

As part of the NFIB Legal Center’s Just Compensation Project, we are stepping up our efforts to defend the right of small business owners to receive full and fair compensation for eminent domain takings. This is a nationwide effort. In … Continue reading

Posted in Uncategorized | Leave a comment

The Tenth Circuit’s Punt in Kerr v. Hickenlooper Opens the Door for a Torrent of Litigation

In 1992 the people of Colorado voted to amend their Constitution with adoption of a Taxpayer Bill of Rights (TABOR). This was a historic initiative that put the power in the hands of the people to decide for themselves whether … Continue reading

Posted in Uncategorized | 1 Comment

The Right to Full and Fair Compensation: Making Sure Small Business Gets a Fair-Shake

Since the Supreme Court’s infamous decision, in Kelo v. New London, there have been some big eminent domain reforms across the country. That was the decision that allowed government to take private property from ordinary homeowners, and small businesses, for … Continue reading

Posted in Legal, Small Business | Tagged , , | Leave a comment

How the West Was Won: What Does the Brandt Decision Mean for Property Rights?

Brandt Revocable Trust v. United States is a case that any property rights advocate should love—especially if you also happen to be an American history buff. Writing for the majority—which included the entire court, with exception of only Justice Sotomayor—Chief Justice … Continue reading

Posted in Legal, Small Business | Tagged , , , | Leave a comment