Tag:Journal of Regulatory Compliance
COVID-19’s Gender Impact
As March starts and we enter Women’s History Month, Time Magazine, The New York Times, National Public Radio, CNBC, The Washington Post, and more wrote articles on the unique and disproportionate effects that COVID-19 has had on women. However, by focusing exclusively on the effect of COVID-19 on women, we ignore the impacts faced by gender non-binary people. This approach leaves many people to continue to be disproportionately impacted by the pandemic, as economic impacts cannot be addressed and answered, if they are not first acknowledged.
The United States’ current systems and its response to COVID-19 has failed to serve many people, in fact, the pandemic has amplified existing economic and social inequalities. If we are to resolve these inequalities, instead of focusing on the disproportionate effects experienced by cis-gender women, the focus should shift towards marginalized people, such as, cis and transgender women, and non-binary individuals. This article takes a limited approach due to its length, and it focuses on the effects COVID-19 has had on women, and the transgender and non-binary community, where the United States needs to acknowledge the economic inequalities these people face and change the current systems.
How the Biden Administration will tackle Special Education Failures during COVID-19
The incoming Biden administration includes Dr. Miguel Cardona as the new Secretary of Education. Advocates for students with disabilities recently met with Dr. Cardona to voice concerns about issues ranging from school discipline to the effects of the COVID-19 pandemic on special education services. In this meeting, Cardona stressed the importance of inclusivity in public schools and the need to promote the rights of people with disabilities, as well as to increase civil rights law enforcement by Office of Civil Rights (“OCR”). Providing a “free appropriate public education” or FAPE during this time came with tremendous costs to budgets and other burdens for school administrators who, in “good faith” tried to meet these standards. However, after the DOE initiated four investigations in the past month over concerns districts nationwide have failed to provide appropriate services to students with disabilities during the coronavirus pandemic. These investigations will be one of the first tasks Dr. Cardona will take on as Secretary of Education.
The Fifth Annual Loyola Journal of Regulatory Compliance Symposium: “Labor & Employment Compliance Issues in the Era of Covid-19”
Friday, March 12, 2021 Symposium Summary This year’s virtual Symposium will bring together practitioners to examine current issues in Labor & Employment compliance with particular attention to issues arising from the Covid-19 pandemic. Practitioners will reflect on a variety of concerns facing employment professionals as advisor, employer, and client. Cost & CLE CLE credit will …
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May it Please the Court: Exploring Facebook’s Oversight Board Formation and Decisions
Last Friday, Facebook’s Oversight Board (“the Board”) issued its latest verdict, overturning the company’s decision to remove a post that moderators alleged violated Facebook’s Violence and Incitement Community Standard. This judgment brings the Board’s total number of decisions to seven, with the Board overturning the Facebook’s own decision in five out of the six substantive rulings it has issued. The Board’s cases have covered several topics so far, including nudity and hate speech. Because Facebook’s Oversight Board does not have any modern equivalents, it is worth exploring what went into this experiment’s formation.
Safely Getting Back to Work
Over 40.3 million Americans have already received at least one dose of the Covid-19 vaccine with a current average of 1.67 million doses administered per day. With a falling infection rate and the vaccine rollout entering a new stage, employers are reexamining their plans to safely return to the office.
The Clean Water Act: The Broadening of the National Pollutant Discharge Elimination System Permitting Program to Regulate Indirect Discharge Through Groundwater
On January 14, 2021, the United States Environmental Protection Agency (“EPA”) issued a Guidance Memorandum (hereinafter “Memo”) addressing the recent decision of the Supreme Court of the United States in the case County of Maui v. Hawai’i Wildlife Foundation, 140 S. Ct. 1462 (2020) regarding the regulation of water pollution under the Clean Water Act (CWA or “the Act”). The Memo outlined how the Court’s recent ruling in the County of Maui applies to the National Pollutant Discharge Elimination System (“NPDES”) permit program created under Section 402 of the Clean Water Act (hereinafter “Section 402”). The intent of the EPA in publishing the Memo is to help clarify the effect of the Court’s ruling in County of Maui for owners and operators of facilities subject to the regulation of the CWA, the primary regulatory framework for governing water pollution in the United States. The ruling in County of Maui expands the types of discharge that are subject to the CWA’s regulatory permit program and illuminates the steps required of facility owners and operators to comply with that framework.
Relax, After GDPR’s Schrems II, Some Companies Transferring Personal Data from the EU to the US May Actually Have Less Challenges Than You Thought
On December 12, 2020, the European Commission (the “EC”) issued a highly anticipated draft of newly revised standard contractual clauses (“new SCCs”) that may be used by European Union-based companies to safeguard data transfers of personal data to third countries, such as the US, in compliance with GDPR Art. 46(1). The release comes at a decidedly inopportune time as it follows on the heels of the Court of Justice of the European Union’s (CJEU) Data Protection Commissioner v. Facebook Ireland Limited and Maximillian Schrems (“Schrems II”) decision which casts serious doubt on the adequacy of SCCs alone to safeguard against the “high-risks” involved in EU to US data transfers. And for many data protection experts, the language of the revised SCCs only adds to the confusion, raising even more questions. But one question in particular seems to be prominent among others—for transfers to importers, directly subject to GDPR, are SCCs really necessary?
Understanding the Executive Order on Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration
Climate change directly and indirectly impacts a range of human rights including the basic rights to life, food, water and housing. Along with all developed countries, the United States has an affirmative obligation to take measures to prevent and address climate change impacts thereby not only mitigating its dire effects, but ensuring that all displaced persons have, at a minimum, their basic needs met. These displaced persons are more often than not those who have contributed the least to climate change and are now disproportionately suffering from its harm.
Uh Oh Venmo…The CFPB is Cracking Down under the Biden Administration
Chandler Wright Associate Editor Loyola University Chicago School of Law, JD 2022 “Can I Venmo you?” is a phrase that many of us find ourselves saying on a weekly basis. Venmo has become not just a money-transfer application, but also a verb. In some ways, Venmo has also become a social media platform among friend …
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Complex Data, Creating Complex Risks for Sports Entities
Advanced data driven infrastructure is now essential for sports entities to remain competitive, yet few structures are in place to manage the risks inherent in the collection of this sometimes, highly personal information. Data is utilized for virtually every aspect involved in the game, including; to enhance player performance, improve player health, deepen fan engagement, and increase betting predictions. These developments do not come about without risks to the rights of those who the data is extracted from.