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 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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Supreme Court Holds No Permit Required for Storm-Water Run-Off

What ever happened to common sense? It seems we find ourselves asking this question these days with all of the madness in Washington. But the good news is that there is at least some sense left in the Supreme Court, … Continue reading

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Can Government Hold Your Permit Application Hostage?

Florence Dolan ran a plumbing and electric supply store in Tigard, Oregon—a suburb of Portland. Like many other small business owners, she had plans to expand her store. But, she hit a brick wall when seeking the necessary approvals. This … Continue reading

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Cutting Through Regulatory Nonsense – Legal Center Fights Senseless City Ordinance in in California Court

Red-tape is simply maddening. If you run a business, you know what this means. It seems like government bureaucrats insist on regulating anything and everything—if it moves, they regulate it. But, the NFIB Legal Center and NFIB work hard to … Continue reading

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