Category:Uncategorized
Regulating the Worst Kind of AI-Generated Content
On September 05, 2023, a bipartisan coalition of all fifty state attorneys general along with four attorneys general from U.S. territories came together to sign a letter to Congress. The letter urged Congress to establish an expert commission to specifically study how artificial intelligence (AI) contributes to the exploitation of children. The attorneys general further stressed the urgency of expanding existing laws on Child Sexual Abuse Material (CSAM) restrictions to include AI-generated content.
The Supreme Court Striked Affirmative Action: Now What?
Following the Supreme Court’s decision striking down affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, higher education institutions face challenging decisions in their admissions process. Although this may be a frightening time for many, California and Michigan have eliminated affirmative action years prior. These states may provide some insight as to how universities may maintain diversity. We may not see the implications of this decision until years to come. However, universities have the opportunity to collectively work together in order to maintain diverse student bodies and better represent the diverse individuals who help compose the United States of America.
MSG’s Usage of Facial Recognition Technology Sparks Civil Rights Debate
A woman attempting to chaperone her daughter’s Girl Scout troop on a trip to attend a Rockette’s show at Radio City Music Hall was denied entry based on facial recognition technology. The security subsequently revealed that she was on a list of excluded attorneys as her firm was involved in ongoing litigation against Madison Square Garden (MSG) Entertainment (which owns Radio City Music Hall). this could be one of the consequences of allowing private corporations to use facial recognition technology.
New York Non-Competes: Competing to Stay Alive
There is an ever-growing wave of states banning non-compete agreements (“non-competes”), and New York is likely to join this trend. The New York Legislature just passed one of the broadest non-compete bans in the history of the United States in early June this year, and Governor Kathy Hochul is likely to sign this ban into effect. This broad non-compete ban comes in the form of two bills, both passed by the New York Senate. One bill would ban post-employment non-competes, and the other would prohibit employers from having employees enter into a non-compete, absent a “good faith basis”. If signed by Governor Hochul, these bills will become effective 30 days after signing. These bills will be prospective, meaning they will not invalidate preexisting non-competes signed on or before July 1st, 2023.
Ethics for the Supremes
Shortly before the conclusion of the Supreme Court’s term in June 2023, the Court delivered three blows to President Biden and Democratic party. First, the Court struck down the student debt relief program championed by President Biden. Second, the Court ruled in favor of a Colorado web designer who sought the right to refuse service to a same-sex couple. Lastly, the Court gutted affirmative action by making it unlawful for colleges to consider race as a specific factor in admissions. These high-profile decisions came just over a year after the contentious Dobbs decision, following an extraordinary leak, which overturned abortion rights that had been established under Roe v. Wade and Planned Parenthood v. Casey. These cases are perhaps marred by recent ethics scandals amongst the justices. Consequently, voices from both sides of the political aisle have called for reform of the nation’s highest court.
New Rule Proposed by the EPA to Clean Up Coal Waste in the Midwest
On May 18, 2023, the Environmental Protection Agency (EPA) proposed a new rule to address the concern of a previous loophole that allowed pits of coal ash to sit inactive and unmonitored. The new proposed rule was created in response to the August 21, 2018 opinion by the U.S. Court of Appeals for the District of Columbia Circuit in Utility Solid Waste Activities v. EPA.
Legal Risks to Employers when Employees use ChatGPT
Since ChatGPT became public in November 2022, it has created questions for employers about how to incorporate the tool into workplace policies and best maintain compliance with government regulations. This artificial intelligence language platform, that is trained to interact conversationally and perform tasks, raises issues regarding intellectual property risks, inherent bias, data protection, and misleading content.
Time to Rethink Corporate Compliance amid DOJ’s New Guidelines
The U.S. Department of Justice (DOJ) announced significant changes to its Evaluation of Corporate Compliance Programs (ECCP) on March 2, 2023, at the American Bar Association’s National Institute on White Collar Crime. By investigating deeper into companies’ compliance programs, DOJ now provides new stricter guidelines and emphasizes its vigilance and the level of commitment expected from companies. The latest announcement illustrates DOJ’s continued emphasis on company policies regarding compliance incentives and disincentives in executive compensation and the preservation of company communications made via personal devices and instant messaging applications.
Ninth Increase in Banking Interest Rates
Taelor Thornton Associate Editor Loyola University Chicago School of Law, JD 2024 During this long battle with inflation, the Federal Reserve (the Fed) has now raised the interest rates by a quarter for the ninth time in a year. In February 2023, the Fed increased the rates by a quarter from 4.75% to 5%. Rates …
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Senate Enjoys Rare Bipartisan Moment, Seeks to Punish Silicon Valley Bank Executives
n March 17, 2023, following the second-largest bank collapse in U.S. history, President Biden released a statement urging Congress to allow financial regulators to impose tougher penalties on the executives of failed banks. Encouragingly, on March 29–just twelve days later–the Senate proposed bipartisan legislation, dubbed the Failed Bank Executives Clawback Act (FBECA), which would grant the Federal Deposit Insurance Corporation (FDIC) clawback authority to confiscate all or part of the compensation received by bank executives in the five years leading up a bank’s failure.