Tag:

Regulation

The Gig is Up: Government Efforts to Regulate Gig Work and the Changing Definition of Employment

On October 11, 2022, the Department of Labor released a proposal to redefine independent contractor classifications under the Fair Labor Standards act. The change in definition, if approved, will have major implications for gig workers and companies such as Uber, Doordash, Grubhub, etc. These companies have already had a drop in stock value because of the announcement and the companies are at risk of losing more value as the gig economy destabilizes.

Department of Justice Announces The Second Monaco Memo

On September 15, 2022, Deputy Attorney General Lisa Monaco issued a memorandum to the Department of Justice (DOJ) titled “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group”. This memorandum is otherwise known as the “Second Monaco Memo”, named after the Deputy Attorney General. This is the second memorandum Monaco has issued in the past year, as the first memorandum was issued in October of 2021. The first memorandum announced the establishment of a Corporate Crime Advisory group, its purpose was to guide and review the DOJ’s approach to corporate criminal enforcement. These memorandums are important to both the defense bar and corporate counsel, as they establish rules and guidelines for corporate criminal enforcement.

FDA’s Response to Baby Formula Shortage

This year the Food and Drug Administration (FDA) has come under fire for its slow response to the nationwide baby formula shortage. In September 2022, FDA Commissioner Robert M. Califf authorized the release of an internal report. The report details how the baby formula shortage occurred, the FDA’s response to the shortage, and the challenges it faced in resolving the shortage. The report also revealed the changes in FDA regulatory procedure to ensure another shortage does not occur. 

Protecting the Freedom of Reading during the Rise of Book Censorship

This year, September 18th marked the start of Banned Books Week, which ran through September 24th with the purpose of bringing awareness to books that have been banned in libraries and classrooms across the United States. With the recent rise of politicization of education in America, the movement to ban books has skyrocketed. This year is already seeing record numbers of restrictions on books being taught in schools, with the American Library Association citing close to 700 book challenges that have already been brought. The rise of book censorship is being fueled by organizations with a focus on censoring books they deem should be banned from schools, who are compiling lists of hundreds of books with themes they disagree with.

Can We Do Anything About Sexual Crimes in the Metaverse?

* Content warning: This piece contains references to sexual assault and harassment.

In an article entitled Reality or Fiction, Nina Jane Patel shared her experience with sexual harassment in the Metaverse. She repeatedly asked fellow users to stop and tried to move away, but they followed her, continuing their verbal assault and sexual advances. In part, she writes, “they touched and groped while they took selfies. They were laughing, they were aggressive, and relentless. I froze. It was a nightmare.” As she tried to escape the situation, she could still hear them – “don’t pretend you didn’t love it, this is why you came here.” After the assault, she couldn’t report it to the police, and no suit was filed against the group of four men.

Regulating the Unregulated: Where is Cryptocurrency Headed?

While over 10 years have passed since Satoshi Nakamoto first introduced Bitcoin, digital currencies continue to remain unregulated by financial authorities despite a number of challenges that have plagued consumers and the government: the Silk Road, fraud, and various other financial crimes. Additionally, many consumers invest in cryptocurrencies because they are not controlled by any central government monetary policies. However, cryptocurrency investors are also at risk of their money losing its value when the market takes a tumble, as evidenced by the recent current cryptocurrency downturn. Despite these continued challenges, imposing regulations on cryptocurrencies has proven to be difficult. Until President Biden’s Executive Order, issued on March 9th of this year, the White House steered clear of recognizing digital assets as a valid form of currency. The President’s Order explicitly recognized the need for research and policy implementation across various government agencies in order to shape the way cryptocurrencies are regulated.

Are Tighter Gun Regulations the Answer to Combating Gun Violence? 

Taelor Thornton  Associate Editor  Loyola University Chicago School of Law, JD 2024  On May 14, 2022, a gunman opened fire with a legally obtained AR-15-style rifle at a supermarket in Buffalo, New York, killing 10 people. Ten days later, an 18-year-old gunman killed 19 children and two teachers at Robb Elementary School in Uvalde, Texas. …
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Largest Alleged Violation in FEC History – Investigation Blocked, Case Closed

In June, the Federal Elections Commission (FEC) announced that they would not investigate allegations that two of former President Trump’s campaign committees illegally misreported hundreds of millions of dollars in spending. If true, these allegations would constitute the “largest alleged violation in FEC history” according to FEC Commissioner Ellen L. Weintraub. The initial complaint alleged that the committees failed to disclose payments to friends and family members of the former President, such as  Lara Trump, who is Trump’s daughter-in-law, and Kimberly Guilfoyle – Donald Trump Jr.’s fiancé. In it’s decision, the FEC’s Republican Commissioners voted not to investigate the matter, which is therefore no longer being pursued. This situation illustrates how the FEC has consistently failed to investigate the Trump reelection campaign for alleged violations of campaign finance law.