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.

NFIB Legal Center Submits Hard-Ball Questions to IRS Over Affordable Care Act Regulations

Yesterday the NFIB Legal Center sent IRS Commissioner Hon. John Koskinen a letter voicing concerns over recently finalized regulations governing employers under the Affordable Care Act. Specifically, the letter raised several important questions about the “transition relief” regulations, which IRS … Continue reading

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

NFIB Legal Center Dissents in Sarbanes-Oxley Case

This was a disappointing week for small business in the Supreme Court. As we have argued in the past, the heavy-handed and complex requirements of the Sarbanes-Oxley Act were never intended to apply to independent companies. The Act was meant … Continue reading

Posted in Legal, Taxes | Tagged | Leave a comment

Should Antitrust Laws Apply to State and Local Governments Engaged in Anticompetitive Market Conduct?

Occasionally we hear from small business owners who are upset about government affirmatively competing with them for customers. It is certainly a problem if you make a living offering yoga lessons and your town decides to start providing free lessons. … Continue reading

Posted in Legal | Tagged , , | 1 Comment

Predictable Fault-Lines in EPA’s Green House Gas Case: Is a 5-4 Decision in the Works?

This week, in the U.S. Supreme Court, NFIB and various other industry groups took the Environmental Protection Agency (EPA) to task over its decision to begin regulating greenhouse gas emissions (GHGs) from stationary sources (i.e. buildings, and standing structures). Although … Continue reading

Posted in Legal | Tagged , | Leave a comment

NFIB Legal Explains What the Recess Appointment Case Means for Small Business

Great news from Washington – Virtually all of the commentary on today’s oral arguments in NLRB v. Noel Canning suggests that the Court is inclined to hold President Obama’s 2012 “recess appointments” to the National Labor Relations Board unconstitutional. ABC … Continue reading

Posted in Legal | Tagged , , | Leave a comment

Great News for Small Business: NLRB’s Notice Poster Rule is Dead

In case you missed it, the NFIB Legal Center released a statement earlier this week proclaiming final victory in our legal challenge to the National Labor Relation Board’s “Notice Poster Rule.” The rule would have required virtually every employer in … Continue reading

Posted in Big Labor, Legal | Tagged , , , , | Leave a comment

NFIB Legal Continues Fight Against Eminent Domain Abuse in America

The NFIB Legal Center has taken-up the fight to curb eminent domain abuse in America. You may recall that last year we asked the U.S. Supreme Court to reconsider Kelo v. New London. Unfortunately, the Court balked. So our fight … Continue reading

Posted in Legal, New Jersey | Tagged , , , | 1 Comment

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

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

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

Posted in Healthcare, Legal | Tagged , , | 1 Comment

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

Posted in Legal | 1 Comment