Author Archives: Luke Wake

About Luke Wake

Luke A. Wake is a 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. As an appellate practitioner, Wake has focused particularly on informing the courts on matters of administrative law and on issues under the Fifth Amendment’s Takings Clause. He is also working to advance small business interests in law review articles, and was recently published in the Berkeley Journal of Law & Ecology. See R.S. Radford & Luke A. Wake, Deciphering and Extrapolating: Searching for Sense in Penn Central, 38 Ecology L.Q. 731, 746-747 (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, and is a member of the California Bar. He completed his undergraduate studies at Elon University in North Carolina in 2006 where he focused on political theory and corporate communications.

Can You be Sued for Failing to Report Intoxicated Patrons to the Police?

This week the Tennessee Supreme Court handed-down a decision that may open the door for new lawsuits. In Cullum v. McCool, a customer sued Wal-Mart after she was run-over in the parking lot by another patron. It so happened that … Continue reading

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Aggregated Anxieties: More Vexing Problems for Small Business in the “Affordable Care Act”

While President Obama assured us that the Affordable Care Act (ACA) would not affect small business, that’s simply not true. Yes, it is accurate to say that most businesses with under 50 employees will be free from the most burdensome … Continue reading

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Can Government Revoke Your Right to Run an Existing Business?

What would you say if your city told you that it was revoking your right to continue a long-standing business on your own property? That is exactly what happened to the White family. They had run a commercial campground on … Continue reading

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NFIB Objects to Proposition 65 Abuse in California

In 1986 the voters of California adopted an initiative known as Proposition 65 (colloquially “Prop. 65.”). If you live in California—or if you have visited recently—you see Prop. 65 warnings everywhere you go. The Act requires businesses to prominently display … Continue reading

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NFIB Legal Center’s Winning Streak Continues with Three Victories in Two Days!

This has been a historic year for the NFIB Legal Center. In April SCOTUS Blog listed NFIB Legal Center as one of the top-ten most influential organizations in the Supreme Court—in terms of bringing the Court’s attention to important issues. … Continue reading

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A Matter of Grave Concern: NFIB Legal Speaks-Up for the Right to Raise a Constitutional Defense

Today the NFIB Legal Center filed an amicus brief asking the Supreme Court to take up an important case on behalf of a small business owner who has been denied the right to raise a basic defense to a potentially … Continue reading

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Since When did Sarbanes-Oxley Have Anything to Do With Small Business?

Karen Harned, NFIB Legal Center’s Executive Director, had a great op-ed today in The Daily Caller, explaining Lawson v. FMR. The case asks whether whistle blower protections in the Sarbanes-Oxley Act are available to employees of non-publically traded companies. As … Continue reading

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Can government place an “expiration date” on property rights?

Did you know that courts across the country are now saying that your constitutionally protected property rights are subject to an expiration date? This comes as a shocking surprise for those of us who believe that the Constitution was intended … Continue reading

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The Greenhouse Gas Lawsuit Explained: What is at Stake and Why Does it Matter?

Last week the U.S. Supreme Court announced that it would hear arguments on an important environmental case. The lawsuit concerns the propriety of new EPA regulations that NFIB and other industry groups contend were illegally adopted. Specifically the Supreme Court … Continue reading

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NFIB Legal Center is batting 1000 in the Supreme Court this week!

At the beginning of the week, we were waiting anxiously for three cases with potential to impact small business. On Monday we received two of those decisions—both victories. And Tuesday morning we received the third—another win! Here is the recap: … Continue reading

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