Top Saturday Seminars of 2021

The Regulatory Review is pleased to highlight our top 25 Saturday Seminars of 2021 authored by members of our staff. These pieces, which qualify for this list based on the number of page views during the past 12 months, are arranged below in alphabetical order by title.

Addressing the Dangers of Forever Chemicals

November 13, 2021 | Caitlin Kim, Katherine Rohde, and Taylor Ross

Perfluoroalkyl and polyfluoroalkyl substances (PFAS)—commonly known as “forever chemicals”—could affect growth and development, damage immune systems, or even lead to cancer in large amounts. Despite being in dozens of household products, PFAS present regulatory challenges for agencies looking to decrease chemical contamination.

Can Robocalls Be Stopped?

January 2, 2021 | Aaron Kaufman, Jamison Chung, and Brianna Rauenzahn

Despite federal legislative efforts such as the Telephone Consumer Protection Act (TCPA) and the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), the frequency of telemarketing calls continues to grow at a seemingly unfettered pace.

Combating AAPI Hate

August 5, 2021 | Jamison Chung, Brinna Ludwig, Brianna Rauenzahn, and Jasmine Wang

Although the number of reported hate crimes in the United States decreased by roughly 7 percent in the last year, incidences of reported hate crimes against the AAPI community increased by 149 percent. In light of this increase, scholars examine the relationship between regulation and anti-AAPI sentiment and racism in the United States.

Combating Counterfeit Goods in the Age of E-Commerce

August 28, 2021 | Karis Stephen, Margaret Sturtevant, and Soojin Jeong

Curbing the sale of counterfeit goods has been no easy task for regulators, even before the emergence and rise of online shopping. With the rise of e-commerce and internet transactions, however, detecting and decreasing counterfeit sales has proved to be more challenging than ever before.

Does Cosmetics Regulation Need a Makeover?

May 1, 2021 | Aaron Kaufman, Brianna Rauenzahn, and Jamison Chung

Although the U.S. Food & Drug Administration (FDA) regulates cosmetics, its authority and resources to address personal product safety are limited. Because of FDA’s regulatory limitations, scholars argue that stronger regulatory oversight over the cosmetics industry is needed.

Facing Bias in Facial Recognition

March 20, 2021 | Brianna Rauenzahn, Jamison Chung, and Aaron Kaufman

Although artificial intelligence (AI) has the potential to bypass human error and biases, the algorithms are only as good as the data employed to create them—data that often reflect racial, gender, and other human biases. Given AI’s potential for harm, regulators are calling for increased scrutiny into potential privacy and security concerns associated with facial recognition technology.

Fixing Fraud at For-Profit Colleges

October 30, 2021 | Taylor Ross, Katherine Rohde, and Caitlin Kim

Earlier this year, the Federal Trade Commission put more than 70 for-profit colleges on notice for potentially fraudulent practices. To hold these institutions accountable, experts suggest both state government interventions and more stringent, federal level efforts.

How Should the United States Protect Data?

March 13, 2021 | Peter Jacobs, Hannah Pugh, and Jasmine Wang

Congress has debated whether the United States needs a federal data privacy policy for decades. In the absence of concrete legislative action, experts examine various proposals for what a federal data privacy policy framework would look like and how Congress should draft policy in this area.

Inside Insider Trading

February 20, 2021 | Aaron Kaufman, Jamison Chung, and Brianna Rauenzahn

When it comes to insider trading, little legislation exists, and the courts have developed most of the governing law. To address growing issues within insider trading, scholars examine regulatory proposals, the U.S. Securities and Exchange Commission’s efforts to combat securities fraud, and potential solutions to resolving ambiguities in existing law.

Is Your Dietary Supplement Safe?

February 27, 2021 | Jasmine Wang, Peter Jacobs, and Hannah Pugh

Although many may assume that dietary supplements, such as protein powders and multivitamins, are regulated the same way as prescription or over-the-counter drugs, they are actually subject to much less stringent safety requirements. Scholars warn that the gaps that persist in the U.S. Food & Drug Administration’s regulation of dietary supplements could pose health risks to consumers.

Paying College Athletes

February 6, 2021 | Brianna Rauenzahn, Aaron Kaufman, and Jamison Chung

While universities enter into multimillion dollar deals with cable networks and athletic brands—all of which profit from using athletes’ images—compensation for student athletes is limited to scholarships for their education under current NCAA regulations. Commentators consider regulatory reforms such as pay-to-play programs, which could provide student athletes with financial opportunities beyond scholarships.

Privacy Problems in the Genetic Testing Industry

January 23, 2021 | Jamison Chung, Aaron Kaufman and Brianna Rauenzahn

Companies such as 23andMe, Color Genomics, and AncestryDNA sell direct-to-consumer (DTC) genetic tests, which can determine both health and non-health-related information. Although DTC tests expand access to genetic information, a lack of regulation and privacy implications from these tests may cause confusion and do more harm than good among consumers.

Protecting Student Data Privacy in the Digital Age

September 18, 2021 | Taylor Ross, Caitlin Kim, and Katherine Rohde

The COVID-19 global pandemic and transition from in-person to online learning set the stage for the growth of education technology platforms. As the use of ed-tech has increased in popularity, so have concerns about ensuring the privacy of student information. Scholars explain gaps in the regulation of student data privacy and propose better methods to protect student information and data.

Regulating Drugs at a Discount

July 17, 2021 | Katherine Rohde, Caitlin Kim, and Taylor Ross

To reduce the costs of medicines for uninsured, low-income, or other vulnerable patients, Congress established what has come to be known as the “340B program.” Still, prescription drugs are significantly more expensive in the United States than other countries, which has called the effectiveness of the 340B program into question.

Regulating Organ Transplants and Donation

April 24, 2021 | Jamison Chung, Aaron Kaufman, and Brianna Rauenzahn

Current professional guidelines and U.S. law attempt to strike a balance between protecting donors and saving the lives of as many recipients as possible. Although federal legislation concerning organ transplants exists, experts have pondered how further regulatory reforms could streamline the donation process.

Regulating Student Loans to Promote Racial Equity

July 31, 2021 | Taylor Ross, Caitlin Kim, and Katherine Rohde

Although many critics of broad student loan forgiveness argue that canceling debt for all Americans would benefit white borrowers more than those of color because white students hold the majority of American student loan debt, proponents point to a lack of nuance in such critiques. Despite a greater number of white students having loan debt, a greater percentage of students of color would benefit from cancellation.

Regulating Sustainability in Corporate Governance Standards

July 24, 2021 | Margaret Sturtevant, Karis Stephen, and Soojin Jeong

How can U.S. regulators create a regulatory framework that effectively balances economic, social, and environmental needs? Although some experts argue that the information needed to disclose all climate-related risks that a company might create would exceed the requirements of current law, others see potential in the future of sustainability in financial regulation.

Responding to Deepfakes and Disinformation

August 14, 2021 | Soojin Jeong, Margaret Sturtevant, and Karis Stephen

Today, anyone with an iPhone and a single photo can use free apps to create simple deepfakes, which have significant potential to cause harm because of their unique ability to spread disinformation. To address growing privacy and disinformation risks, scholars explore the problems created by deepfakes and the challenges regulators face.

Smoking Out E-Cigarettes

April 10, 2021 | Jasmine Wang, Peter Jacobs, and Hannah Pugh

The recent popularity of electronic nicotine delivery systems (ENDS)—battery-operated inhaler devices such as electronic cigarettes, pod-based products such as JUULs, and vape pens—has raised concerns for regulators. Critics of FDA’s increased regulatory involvement with ENDS products, however, claim that too much regulation could “push many adults who quit smoking with vaping” back to smoking traditional cigarettes.

The Future of Working From Home

August 7, 2021 | Margaret Sturtevant, Karis Stephen, and Soojin Jeong

The COVID-19 global pandemic led millions of Americans to work from home for the first time—but what are the regulatory implications of this transition? To start, employers may be subject to different tax laws and labor regulations if they have employees working from across state lines, and new privacy and security concerns have emerged.

The Regulation of Stolen Artifacts

April 17, 2021 | Brianna Rauenzahn, Jamison Chung, and Aaron Kaufman

Although a scattering of laws and international agreements currently govern the transport and sale of illegally obtained cultural artifacts in the United States, many of these restrictions do not apply to museum collections that were illegally or unethically obtained in the past. In response, experts weigh in on how U.S. policymakers can strengthen the legal regime that governs stolen cultural artifacts to deter looting and reduce the illegal trade.

The Universal Injunction Debate

March 27, 2021 | Hannah Pugh, Jasmine Wang, and Peter Jacobs

In recent years, perpetual congressional gridlock has led presidential administrations to deploy their regulatory powers more expansively through executive orders, which have in turn, led to an increase in universal injunctions. The proliferation of universal injunctions is, however, controversial.

Title IX and Campus Sexual Assault

July 10, 2021 | Jasmine Wang, Peter Jacobs, and Hannah Pugh

Title IX policies have remained relatively stable since 1997, but various presidential administrations have re-interpreted these policies since. With each administration imposing or rolling back new changes on Title IX, experts review research on the impacts of these policies on campus sexual misconduct and the various challenges, benefits, and criticisms of sexual misconduct dispute resolution in higher education.

Vaccine Mandates in the Time of COVID-19

March 6, 2021 | Jamison Chung, Aaron Kaufman, and Brianna Rauenzahn

As the COVID-19 global pandemic and its variants continue to affect nearly all aspects of daily life, experts estimate that about 90 percent of the population must be immune to the COVID-19 virus to achieve herd immunity. Is a COVID-19 vaccine mandate the answer?

Waging War Against Sexual Harassment in the Workplace

October 9, 2021| Karis Stephen, Margaret Sturtevant, and Soojin Jeong

After #MeToo took the world by storm in 2017, workplace sexual harassment was brought to the forefront of the legal stage and forced employers to take actionable steps to end sexual violence. Although federal and state directives are in place to protect workers, many existing regimes could benefit from regulatory improvements that could end sexual harassment in the workplace.