Category:

Journal of Regulatory Compliance

Chicago Legalizes Accessory Dwelling Units in Effort to Increase Affordable Housing Supply

Starting May 1, 2021, Accessory Dwelling Units (“ADUs”) will be legalized in five pilot areas around the city of Chicago. Chicago faces a declining population, a slow homebuilding pace, and an affordable housing gap of approximately 116,000 units. These ADUs are intended to increase access to affordable housing, but the ordinance isn’t expected to make a large impact on Chicago’s affordable housing gap.

The Supreme Court Revisits Article III Standing in TransUnion v. Ramirez

In 1993, and on the heels of the landmark Article III standing case of Lujan v. Defenders of Wildlife, John G. Roberts, Jr. wrote a law review article entitled: “Article III Limits on Statutory Standing.” Twenty-eight years later and now the Chief Justice, Roberts again found himself wrestling over the bounds of the Article III Standing requirement as he presided over this issue in the class action context. Years after the Court decided Spokeo v. Robins in 2016 and Clapper v. Amnesty International in 2013, the Court revisited the matter and listened to oral arguments on March 30, 2021, in TransUnion v. Ramirez. The decision may have enormous consequences. While Acting U.S. Solicitor General Elizabeth Prelogar filed a “friend of the court” brief agreeing that standing exists, other briefs supporting TransUnion suggest that meritless class action lawsuits against corporate defendants from class members that aren’t injured will exponentially increase.

What’s the Deal with the Nike Satan Shoes?

Everyone seems to be talking about the controversial “Satan shoes” released by famous rapper Lil Nas X (“Nas”) in collaboration with MSCHF Product Studio, Inc. (“MSCHF”). The shoes are controversial for many reasons, including their Satanic imagery, allegedly containing a drop of human blood in the sole, their perceived endorsement by Nike, and the music video and hit rap song that Nas released in tandem. Though the song, video, and shoes have sparked a moral and ethical debate worldwide, attorneys are intrigued by the legal debate that arises regarding the various trademark claims that Nike brought against MSCHF in a lawsuit filed on March 29, 2021.

New Illinois Prejudgment Bill Could Affect Hospitals and Health Care Providers

On March 25, 2021, Illinois Governor J.B. Pritzker vetoed HB 3360, which would have allowed plaintiffs to recover prejudgment interest, at a rate of nine percent, on all damages related to personal injuries or wrongful death. The governor believed this bill was too burdensome on hospitals and healthcare providers since most Illinois hospitals are self-insured, making them directly responsible for paying the costs of this legislation. However, the governor’s veto letter expressed a willingness to pass prejudgment interest legislation if problems with the current bill, including more robust protections for health care providers, were addressed. That same day, the Illinois House and Senate passed SB 72, which addressed some of the governor’s concerns.

Lawmakers and Regulators Call for Action After Archegos Meltdown

Last week, the finance industry watched one of the biggest implosions of an investment firm since the 2008 financial crisis. Archegos Capital Management rocked the industry when it was forced to liquidate huge positions in blue-chip companies after some risky investment strategies went south. The financial instruments used in this risky investment strategy are called total return swaps. The Archegos meltdown has lead lawmakers and regulators to call for increased scrutiny of the swaps.

Chicago’s Lead Contamination Crisis

William Baker Associate Editor Loyola University Chicago School of Law, JD 2022   Illinoisans have good reason to be concerned about where their water comes from, as a report published by Chicago Tribune recently revealed that Illinois has more lead pipe infrastructure than any other state. The six-year study determined that eight of out ten …
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The United Nations Response to the Killings in Myanmar is Not Enough

On Saturday, March 27, 2021, as the Myanmar military celebrated the 76th annual Armed Forces Day with a parade, Myanmar police and soldiers killed dozens of citizens. Within the last two months, over 100 civilian pro-democracy protesters have been killed by the Myanmar military.

When the coup started in February, the United Nations (“UN”) condemned the junta. Since then, the UN has taken no action. The UN needs to interject and end the killing and violence against civilians. The UN Security Council or an emergency summit should deny recognition of the Myanmar military as a legitimate government, act to cut off the Myanmar military from funding and access to weapons, and then the International Criminal Court should investigate the killings of civilians.

Federal Bill May Soon Make Privacy Regulation Patchwork a Thing of the Past

Lydia Bayley Associate Editor Loyola University Chicago School of Law, JD 2022 While the COVID-19 pandemic undeniably pushed many legislative agendas to the backburner, some seem to be heating back up. With the 117th Congress now in session, data privacy is once again moving to the forefront of federal legislative debate. For decades, the United States has …
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Illinois House Bill 3498: Telehealth Expansion and Payment Equality

The Coalition to Protect Telehealth and State Representative Deb Conroy of the Illinois 46th House District have introduced legislation that would permanently expand access to telehealth services for Illinoisans.  The legislation also details provisions that promote telehealth payment rate partity between telehealth services and in-person care.  In a direct response to the COVID-19 pandemic, telehealth providers have been granted temporary waivers to align their payment rates with those prescribed for traditional care in health care facilities.  These waivers have served as stabilizing financial mechanisms for many practitioners experiencing revenue loss due to the restrictions on elective procedures and non-emergency care.  The proposed legislation would give patients more freedom to utilize telehealth services by removing the patient responsibilities to demonstrate hardship or access issues.