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Journal of Regulatory Compliance

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.

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.

Investing in Income Sharing: Why Regulators Should Pay Attention to the Innovative Set Up Now

As of November 8, 2020, the student debt crisis reached $1,769,280,155,524. There’s no easy way to address a $1.7 trillion problem and the increasing cost of higher education, coupled with the necessity of a four-year degree, will only exacerbate the issue. From 2000 to 2016, the average annual cost of college more than doubled, from around $15,000 a year to nearly $32,000. The New York Fed most recently identified a phenomenon acknowledging that when you flood the marketplace with subsidies, like grants, loans, etc., it enables higher education to continue to raise prices. For every dollar of new public subsidy, prices for college have risen between 60 and 70 cents. There are a number of proposals as to how to address this crisis – from federal statutes to private intervention – but income sharing agreements (ISAs) have largely been left out of the conversation. ISAs are not without criticism, particularly because of concerns about excessive interest. However, many of the criticisms could and should be addressed by comprehensive regulation, as any other type of lending has been. ISAs will likely be part of the future solutions of financing education and, as a result, regulators need to pay attention.

Journal of Regulatory Compliance Call for Papers: Spring 2021 Issue – Employment Issues in the Time of COVID-19

As the world grapples with the COVID-19 pandemic, the legal community has ramped up efforts to identify challenges and manage risks. In recognition of the employment implications of the COVID-19 pandemic, the Journal of Regulatory Compliance invites original submissions for publication in our Spring 2021 issue. The official Journal of Regulatory Compliance is a bi-annual …
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