INSIDE COMPLIANCE – Page 7 – Loyola University Chicago School of Law

Is NIL the Killer or the Key to Classifying Student-Athletes as Employees?

February 20, 2025Athletic Regulation, Employment

Will name, image, and likeness (NIL) accelerate or hinder student-athletes being classified as employees? NIL refers to a person’s legal right to control how their image is used. For several years, college athletes forfeited these rights when they signed with collegiate sports teams. However, three years ago, NCAA rules changed, allowing athletes to profit off their NIL. Even without NIL deals, an increasing number of student-athletes have sought compensation while playing for universities. Student-athletes have sought compensation ranging from travel expenses to minimum wage. Historically, student-athletes have not been considered employees under labor and employment laws. Recently, courts have been divided on whether athletes receiving compensation should be considered a student or an employee. The addition of NIL rights that allows student-athletes to receive payment might be the factor that will ultimately decide this issue.

President Trump Wants to Ban the Federal Income Tax: Its Feasibility, Likelihood, & Possible Outcomes

February 19, 2025tax

Amongst some of the recent policy proposals made by the new administration in the White House, President Donald Trump has discussed the possibly of eliminating federal income taxes. He said, “We’re going back to the old days. No income tax, just tariffs. It worked before, and it’ll work again.” This controversial, bold proposal has sparked some significant and intense debate over its potential impacts on the economy, overall feasibility, and likely impacts on everyday Americans. President Trump hopes to replace income taxes with alternative revenue sources including tariffs and consumption taxes. The arguments on both sides are quite interesting.

income taxPresident trumpTariff

Subsidized Addiction: America’s Sweet Problem

February 14, 2025FDA, health

Today, Americans are becoming more aware and concerned about the additives in their food that have carcinogenic and other adverse health effects. This increased scrutiny in American nutrition, particularly for children, has been spearheaded by the “Make America Healthy Again” Movement, which seeks higher standards in regulations of what is allowed in food and more transparency for food products. The Food and Drug Administration (FDA) is shifting in the same direction of promulgating stricter food standards, as it recently finalized rules banning the artificial food additive Red No. 3 and updating the standards manufacturers must meet to advertise as “healthy.” However, while agencies and activists work to keep chemical and artificial additives out of American foods, a glaring issue remains. Americans have a sugar addiction problem, and the government is their enablers.

added sugarFDAFNSSNAPSugarUSDA

Glass Skin Meets Red Tape: How Korean Beauty Navigates FDA Rules

February 13, 2025FDA, Food and Drug Law

Among the trends of self-care lies skincare. As self-care has increased in popularity over the last few years, skincare has become increasingly trendy. In 2022, there was a boost in skincare sales with products such as anti-aging products and moisturizers. In the skincare industry, there are known and established brands, but what has recently emerged through popularity on social media and TikTok is Korean beauty (“K-beauty”) products. K-beauty products help consumers achieve “glass skin,” which is clear, poreless, and shiny skin that looks like glass by using specific K-beauty products. In the states, sunscreen is a staple K-beauty product that has emerged.

drug approvalFDAfood and drug lawkorean skinskincareSunscreen

Mass Deportation and the Fall of Immigration Detention Regulations

February 13, 2025Department of Justice

As the Trump administration ushers in a new era of mass deportation and hysteria, “sanctuary” communities like Chicago are more important now than ever. The term “sanctuary” generally refers to states, counties or cities that have policies that limit the extent to which a local officials will cooperate with federal agencies’ efforts to deport undocumented persons. Recently, regulations concerning detention and deportations of undocumented immigrants have rapidly devolved, along with what protections they offered to these communities. Previous regulations were similarly deferential to federal enforcement agencies, particularly U.S. Immigration and Customs Enforcement (ICE). However, the current administration is actively working to broaden federal authorities’ power to deport immigrants who are not lawfully in the U.S. and have been accused, rather than convicted, of crimes. One way the administration seeks to do so is by loosening its regulation of the methods ICE may use to conduct arrests as well as the role state and local law enforcement may play in such operations. Biden administration’s discontinuing the practice of mass immigration sweeps at worksites such as factories is just one of the limitations that has been discarded. This leaves already fragile protections for undocumented persons to the wayside, resulting in unnecessary harm and suffering to thousands of undocumented persons and citizens.

Department of JusticeExecutive OrdersImmigration

Recording Justice: How BWCs Impact Accountability and Transparency

February 12, 2025Department of Justice

Body-worn cameras, known as BWCs, are devices fitted to the outside of an officer’s uniform “that record interactions between community members and law enforcement officers.” These cameras record both video and audio and can be used for numerous reasons, such as providing transparency to members of the greater community and documenting evidence for future investigations or litigation purposes. BWCs have widely become an essential tool used by law enforcement agencies to enhance accountability, improve transparency, and serve as invaluable tools in legal proceedings.

Studies suggest BWCs contribute to a reduction in use-of-force incidents. The absence of a federal mandate has led to inconsistent state regulations, which has created compliance challenges and sparked legal debates. This has led to increased compliance challenges and legal debates. There have been several efforts to standardize BWC policies around the country, such as a push by the Department of Justice for a nationwide adoption and H.R. 843, a proposed legislation looking to increase BWC usage. Unfortunately, issues such as financial burdens, officer misuse, and legal barriers continually pose challenges for widespread adoption. Even with all of these obstacles, BWCs have been proven to have a significant impact in the courtroom, helping influence trial strategies and even charging decisions made by attorneys. While BWCs are not the antidote for police misconduct, they are an important step towards communities with greater accountability and justice.

BWCDOJlaw enforcementNIJpolice accountabilitytransparency

$TRUMP: The President’s Overconfident Approach to Crypto

February 10, 2025Uncategorized

On the campaign trail in 2024, the then-former president Trump made his ties to the crypto industry clear, such that crypto leaders were optimistic about the future in terms of regulations. Upon his entry into office, President Trump solidified this stance by signing an executive order: “Strengthening American Leadership in Digital Financial Technology.” This executive order lightens the regulations on crypto currencies and promotes the presence of crypto in the American economy. Some industry leaders, however, are hesitant about the President’s actions.

Will California’s Anti-Price-Gouging Measures be Effective in the Wake of Wildfires?

February 6, 2025Regulation

In response to the January 2025 wildfires that have burned through Los Angeles County (L.A. County), California Governor Gavin Newsom issued numerous executive orders including Executive Order N-9-25, which extended renter protections against price gouging on hotel and motel rates, as well as rental housing prices across the county. Around 12,000 homes and buildings have been destroyed in the fires, leaving behind a worsening shortage of affordable housing for Los Angeles residents. To make matters worse, as the housing supply in L.A. County has suffered, there have been reports of price gouging on rent and housing costs by landlords and property owners. California law protects residents from price gouging following a natural disaster through a 10% cap on price increases. Thus, tenants’ rights advocates have called for strict enforcement against those who impose excessive price increases in violation of this regulation.

Housingnatural disasterprice gouging

Trump’s New Administration Puts ESG on the Chopping Block

February 6, 2025Regulation

Over the past decade, Environmental, Social, and Governance (ESG) considerations have become an integral part of the corporate compliance landscape. The term captures a wide range of issues, including sustainable investing, equitable board composition, climate change efforts, shareholder rights, executive compensation, and diversity, equity and inclusion (DEI) programming. Amidst its growth in prominence, ESG has been hotly debated in recent years, with an energetic anti-ESG movement taking hold in conservative circles. The politicization of ESG made it a major issue in the 2024 presidential race, and as a candidate, President Trump promised to dismantle its regulatory framework if elected. Now in the early days of his administration, he has begun to act on those promises, laying the groundwork for his administration’s regulatory agenda and signaling his priorities for the next four years.

Navigating the TikTok Ban Debate: Recent Regulatory Developments and the Path Forward

February 5, 2025National Security, Privacy & Security

In recent years, TikTok has become a dominant force in the social media landscape, boasting over a billion users globally. However, its meteoric rise has been accompanied by mounting scrutiny, particularly in the United States. Concerns over national security, data privacy, and foreign influence have led to calls for restrictions, bans, and legislative action. As these debates unfold, it is essential to examine the legal, regulatory, and practical dimensions of the TikTok controversy and consider the path forward.

data privacyforeign relationsTikTok