Category:

Regulation

Trump Administration Creates New Division of Health and Human Services

The Trump administration has established a new division within the Department of Health and Human Services (HHS) called the Conscience and Religious Freedom Division. The stated purpose of this office is to “restore federal enforcement of our nation’s laws that protect the fundamental and unalienable rights of conscience and religious freedom.”

One day after the creation of this division, HHS proposed a new rule, providing further protections to healthcare workers who object to providing certain types of care to patients—including elective sterilization, gender reassignment surgery, or emergency contraception—based on their personal religious beliefs. Additionally, the Trump administration issued a new directive, reversing an Obama administration directive which prohibited states from refusing to send federal funds to qualified providers. This new division, new rule, and new directive serve to ensure the already-existing rights of physicians, nurses, and healthcare staff at the expense of their patients.

What Does a Federal Government Shutdown Mean for Compliance?

For the first time since 2013, on Saturday, January 20th, 2018, the U.S. government ran out of money when Congress failed to pass a spending bill to fund the federal government. Much of the federal government’s operations have ground to a halt due to the lack of funding. Because Congress is seemingly at an impasse over immigration policy, the shutdown may last several days, if not weeks. In light of Loyola’s upcoming symposium exploring what happens when regulation is not enforced, it is interesting to consider how, in a similar vein, the shutdown affects compliance.

The Effect on Compliance of Lowering Corporate Tax Rates is Uncertain

It is commonly accepted that lowering tax rates increases tax compliance and high tax rates encourage tax evasion.  The recent U.S. tax reform bill, the Tax Cuts and Jobs Act of 2017, was enacted partly due to assumptions that lowered tax rates would increase tax compliance and recover lost revenue.  Here, I examine the theoretical basis for the claim that lowering income taxes increases compliance, as well as the external evidence regarding the extent of increased compliance due to lowering tax rates.

FCC Proposes an End to Obama-Era Net Neutrality Rules

On November 21, 2017, FCC Chairman Ajit Pai announced his intent to roll back utility-style regulations on internet service providers promulgated in 2015. This issue will be called for a vote on December 14 at the FCC’s open meeting. President Obama pressured the FCC to promulgate rules to regulate the internet as a public utility and  preserve “net neutrality.” The FCC’s proposed repeal of these rules would restore internet service provider regulations to the framework established by the Telecommunications Act of 1996. This recent proposal has been divisive along party lines, and the FCC has reported receiving more than 22 million comments.

Unlikely Trophies: Big Game Hunting and Conservation Regulation

The United States Fish and Wildlife Service (“USFWS”), a federal agency, has recently moved to issue permits allowing hunters to bring back their trophies from Zambia and Zimbabwe into the United States. Trophy hunting is the classified as legal shooting of animals under official government license for sport or enjoyment. Typically, as a reward and/or prize, the hunter gets to take home the “trophy”—the animal carcass or its remains. However, not all species can be hunted and there are restrictions on where and when the hunting can happen, in addition to limitations on the weapons that can be used for the kill.

Compliance in the Face of Evolving Physician Assistant Rules and Regulations

Physician Assistants (PAs) have long been recognized as clinicians working under the supervision and guidance of physicians. In recent years, advocacy efforts have shifted to encourage the recognition of PAs as team-based practice clinicians working in collaboration with physicians. State legislation is beginning to reflect those efforts, as one by one, states begin to update the governing rules and regulations. As that future nears, compliance efforts must be able to effectively respond and adjust to these changes in a timely manner. 

How To Keep Your Government Accountable

On October 26, 2017, the United States government released files relating to the assassination of President John F. Kennedy and the investigation that followed. The majority of the documents generated by the investigation – about 88% of all FBI, CIA, and other agencies’ files – have been available for years, but the rest of the documents were due to be released this year. On the recommendation of the investigatory agencies, President Trump decided to keep some of this remaining information redacted due to “national security, law enforcement, and foreign affairs concerns.” Speculation as to the contents of these documents and the reasons for redacting secure information have renewed a continuing discussion about what information the public should be privy to and how this information can be accessed.

DEEP DIVE: Security Deposit Compliance in the City of Chicago

Landlords have a duty to know the laws applicable to their properties, in all matters great and small. While security deposits may seem on the “smaller” end of a landlord’s duties, he or she must remain compliant with all state and local municipal laws—even when handling security deposits. Whether a large or small residential unit landlord in the City of Chicago, a violation of the state and municipal security deposit laws can have a catastrophic domino effect, resulting in lost revenue, penalties, and lawsuits. In fact, some landlords have had to shell out six-figure settlements and file for bankruptcy as a result of violating the laws surrounding security deposits.

Assets of Compliance in the United Nations

Since its inception, compliance with the UN’s rules and regulations has been contentious for nations and individuals alike. Perhaps most prominent are the Security Council and the International Court of Justice, known internationally as sources of law for the maintenance of international peace and security. In theory, bodies like the Security Council and the International Court of Justice may presume member states’ compliance with their rules and regulations. Yet often the presumption of compliance is just that—in an effort to maintain its status as a peaceful international entity, the UN has limited enforcement power. The result is body of agreement, and not much else.

SCOTUS Denies Petition Alleging ADA Violation for Glass-Front Vending Machines

On October 2, 2017, the United States Supreme Court denied a petition to Emmette Magee (“Magee”), a blind man, who claimed that the vending machines violate Title III under the Americans with Disabilities Act (“ADA”). Coca-Cola vending machines, similar to other modern vending machines, are “self-service and fully automated machines that dispense bottles.” These machines also include credit and debit card processing, and payment from smartphones, but require the consumer to select a beverage using a number pad associated with the product in the vending machine. Magee, the petitioner, claimed that these vending machines lacked any meaningful accommodation for use by the blind, because the machines contained an “entirely visual interface.”