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Airways Circumvent Inefficient Regulation with Inefficient Workaround

A 2010 regulation heightened the in-flight hour requirements for ‘First Officers’ (i.e., copilots) from 250 hours to 1500 hours. Advocacy for this regulation came from the families of Colgan Air Flight 3407, a fatal jetliner crash which the National Transportation Safety Board (NTSB) determined was caused by pilots failing to respond to warnings that the airplane was about to stall. However, years into the implementation of the 1500 hours rule, the regulation has shown only questionable increases in flight safety. Critics argue that debatable increases in passenger safety do not offset the sharp increase in costs associated with pilot training. Instead, airlines have figured out a way to circumvent this questionably inefficient regulation by sacrificing commercial efficiency.

Putting the Brakes on New Jersey Transit

New Jersey Transit, one of our nation’s busiest commuter railroads, is no stranger to service and safety issues. Once a model agency to others, it is now the U.S. leader for breakdowns, accidents, and fines. Last year the agency logged the most accidents of the nation’s 10 biggest commuter railways, including the deadly Hoboken train crash. This past March, Todd C. Barretta took the reins of New Jersey Transit’s Chief Compliance Officer—a position that had been vacant since the agency created a safety office in 2014. He lasted a mere six months before being demoted, suspended, and ultimately fired. The New Jersey Transit system is a dysfunctional runaway train that needs an overhaul of its operating system to ensure safety for passengers and employees.

It’s Time for States to Get REAL

After years of waiting, the final implementation extension deadlines for compliance with the REAL ID Act of 2005 are near. The most recent extensions for certain states pushed the final compliance deadline to October 10, 2017. Assuming the Federal Government does not grant further extensions, by this date all 50 states must be compliant with the Act.

The 1500 Hours Rule Grounds the US Airline Industry

The 1500 Hours Rule requires first officers to have at least 1500 hours of total flight time for licensure to fly commercial aircraft. The 2010 regulation boosted the flight time requirement for first officers from 250 to 1500 hours. Due to the heightened experience requirements, regional airlines have grounded flights and reduced their services, as they have not had sufficient qualified pilots to sustain the flights.

Call for Papers: Center for Compliance Studies 2018 Symposium “What is the Role of a Regulation if it is Not Enforced?”

The Center for Compliance Studies at Loyola University Chicago School of Law and The Loyola Journal of Regulatory Compliance invite original paper submissions for presentation at our Second Compliance Studies Symposium: “What is the Role of a Regulation if it is Not Enforced?”  The Symposium will take place at Loyola University Chicago School of Law …
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Securing All The Things: Cybersecurity, D-Link, and the Expansion of IoT

The internet of things (IoT) holds promise for new ways to interact with and leverage technology; however, ever-expanding connectivity brings increased vulnerability. Addressing security and privacy issues is necessary for the continued growth of the IoT—and, as the U.S. Federal Trade Commission’s case against  D-Link Corporation demonstrates, one of vital interest to regulatory lawmaking bodies as well.

Insurance Plans and Opioids: Releasing and Raising the Barriers to Prescribe

With the opioid addiction epidemic continuing to rise in the United States, several insurance companies loosened the existing barriers to addiction treatment. Aetna Insurance Company joined Cigna and Anthem in removing key provisions in its insurance plans that require additional authorization prior to providing addiction treatment. At the same time, Cigna proposed to strengthen barriers to physician prescribing of opioids in an attempt to further address the opioid epidemic.

Bose Accused of Blasting Consumer Listening Habits to Third Parties

Global music technology giant and headphone maker, Bose Corporation, has been hit with a class-action lawsuit alleging that Bose collected the listening preferences of the users of its wireless headphones and its companion application without their knowledge and sold that information to third parties. Counsel representing the class filed the complaint in federal court in Chicago, Illinois alleging violations of the Electronic Communications Privacy Act (“ECPA”) and the Illinois-specific Eavesdropping Statute.

Volkswagen Compliance Chief Steps Down

Mac Matarieh Associate Editor Loyola University Chicago School of Law, JD 2018   Volkswagen installed emission software that allowed more than a half-million diesel cars in the United States to cheat the emissions test set by the Environmental Protection Agency (EPA). Volkswagen has since recalled millions of vehicles and has reached a nearly $15 billion …
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Finalized Rule: Tough Love for Medicaid MCOs?

Kaitlin Lavin Executive Editor Loyola University Chicago School of Law, JD 2017   Last May, the Centers for Medicare and Medicaid Services (CMS) issued a final rule for Medicaid managed care, which told states to stop making pass-through payments to healthcare providers. Pass-through payments have played a critical role in funding safety net hospitals which …
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