A Note by Jabari Turner

Download the full note here.

Millions of Americans were stuck in their houses during the COVID-19 pandemic.[1] The rising death tolls, financial insecurity, and growing uncertainty increased anxiety, depression, and a surge in emergency department visits for mental health conditions.[2] Federal and state-level licensing alongside permit waivers allowed many Americans needing mental health care, access to telemental health services.[3] As a result, Americans had more options in and out-of-state that were unavailable before the pandemic.[4] During the pandemic, federal agencies waived previous telehealth restrictions.[5] Moreover, in most states, through executive orders, out-of-state mental health providers in good standing were permitted to provide telemental services to patients.[6]

Telehealth gives patients and providers better access, options, and overall healthcare treatment and management without needing to be physically present.[7] In addition, it gives providers more continuity of care, and better … Read the rest


A Note by Zack Stutler

Download the full note here.

Technology’s growth over the past decade has permeated all aspects of life.[1] Financial markets have not been isolated from this increasing digitization.[2] More specifically, the introduction of digital assets (crypto-currency, non-fungible tokens, etc.) has taken the world by storm.[3] With the introduction of new assets comes the need for new regulations. While consumer regulations are important, so too are regulations on companies and how they report their ownership of digital assets.[4]

Regulations on companies are important because they increase the transparency of companies as well as look out for the interest of investors and the general public.[5] Without government intervention and regulations, corporations would logically operate in profit-maximizing ways that are self-serving.[6] This self-serving nature often lacks an eye for public interest and may promote a lack of disclosure which is not optimal … Read the rest


A Note by Mackenzie Morgan

Download the full note here.

As technology has continued to advance, so have company reward programs. In 2021, Starbucks customers loaded $11 billion onto mobile Starbucks Cards,[1] accounting for almost half of all Starbucks sales.[2] The amount of money consumers have loaded onto their mobile applications to prepay for their coffee orders has allowed Starbucks to overtake most banks in terms of assets.[3] “85% of US banks have less than $1 billion total in assets, illustrating the major player Starbucks has become in this space.”[4] Should the billions of dollars that consumers have uploaded onto Starbucks Cards be regulated by the federal government?

Read the rest


A Note by Kevin Estes

Download the full note here.

On September 22, 2021, California Governor Gavin Newsom signed into law A.B. 701[1] intending to further protect the health and safety of warehouse workers in the state of California.[2] Authored by California Assemblywoman Lorena Gonzalez, A.B. 701“strengthen[s] warehouse workers’ rights against arbitrary and abusive work quota systems by requiring companies to disclose work quotas to employees and state agencies, and establish statewide standards to minimize on-the-job injuries for employees working under strict quotas.”[3] Although the bill places restrictions on all single warehouse distribution center with 100 or more employees or 1,000 or more employees at one or more warehouse distribution centers in the state,[4] the bill specifically targets Amazon Inc. and their “extreme high-churn model, continually replacing workers in order to sustain dangerous and grueling work pace demands.”[5] To achieve its purpose, A.B. 701 … Read the rest

Net Neutrality: Individual Privacy at Risk

By Jason Shultz

Download full note here.

Internet Service Providers (ISPs) have gained power to limit people’s access to the internet. In March 2017, Congress reversed regulations imposed on ISPs under the Obama Administration. These regulations protected internet consumers from having their access to the internet restricted by ISPs. This note examines the history of net neutrality and why removing regulations on ISPs is dangerous for internet consumers. People are now at risk of having their data sold and being limited in which websites are available through their ISP.… Read the rest

Cosmetics Regulations: Loopholes in the FDA

By Claire Chung

Download full note here.

Cosmetic products in U.S. are very loosely regulated primarily because of the lack of enforcement mechanisms of the regulatory agency. This Note highlights the loopholes in FDA regulation and compares the regulatory scheme in U.S. and EC. There have been efforts both on the federal and state legislation such as introducing Personal Care Products Safety Act Proposal, enacting the California Safe Cosmetics Act of 2005 and Voluntary Cosmetic Registration Program. This Note proposes that the U.S. should pass the Personal Care Products Safety Act to enhance the current regulatory scheme in the U.S., which will make it more aligned with EC policies in cosmetics safety.… Read the rest

Driving Solo: Solutions to the Current Patchwork of Legislation Concerning Automated Vehicles

Download full note here.

By Bryan Boccelli

This Note argues that states across the nation should expand upon and in some cases begin to introduce legislation in regards to self-driving vehicles. Although there are currently a handful of states that already have some form of regulation in effect regarding self-driving vehicles, the current patchwork of legislation is not very conducive for companies and entrepreneurs that wish to enter this market. This Note looks at a gradient system of automation as the basis for legislation that could potentially lead to greater investment from car manufactures in this area of technology. If adopted, a gradient system would mean that the automated vehicle would be subject to specific regulations based on a car’s level of automation. The more autonomous the car is, the more highly regulated it will become.… Read the rest

Is Your Bank Account Safe? Financial Institutions’ Bad Faith Malpractice

By Claire Chung

Download full note here.

This Note argues that a poisonous culture in the banking industry, to indiscriminately profit by cutting legal and ethical corners, led to the Wells Fargo scandal in 2016. Wells Fargo had wrongfully profited by incentivizing its employees to meet sales quotas by creating phony accounts using confidential customer information without consent. Although the employees acted alone, liability lies on the employer, Wells Fargo, under the theory of respondeat superior. In doing so, Wells Fargo violated unfair and deceptive financial practices law. Also the scandal raised the issue of whether the mandatory arbitration clause in a financial product purchase agreement should be enforced against consumers or not. This Note proposes a multifaceted solution to address the pandemic of bad faith banking practices.… Read the rest

Disclosure Dilemma: Is Disclosure to the Government Enough to Invoke the False Claims Act’s Public Disclosure Bar?

By Daniel Naydenov

Download full note here.

The federal government has a significant financial interest in the $3 trillion dollar health care industry. Due to limited administrative resources, the government’s biggest allies in the fight against health care fraud are individual whistleblowers who are able to file lawsuits under the False Claims Act’s qui tam provisions and share in the recovery. The Act contains a public disclosure bar to prevent parasitic suits by opportunistic whistleblowers. This Note analyzes two contrasting decisions from the Sixth and Seventh Circuits interpreting who qualifies as the “public.” In both cases, the court was asked to determine whether a health care provider’s self-disclosure of misconduct to the federal government was sufficiently public to bar future suits. Ultimately, this Note argues that the Seventh Circuit’s interpretation is more persuasive and closer to striking the proper balance between incentivizing whistleblowers and inhibiting opportunism.… Read the rest

Quitting Quill: State Laws Challenge Quill’s Physical Presence Standard for Out-of-State Tax Collection

By Timothy Yuhasz

Download full article here.

Over the last fifty years, one of the bedrock principles of state and local tax jurisprudence has been the physical presence standard. The rise of E-commerce and a shifting economy, however, have for years called into question its validity. States, too, have taken notice, and new state laws are being crafted that either bypass this requirement or challenge it head-on. It may not be long before the physical presence standard becomes a thing of the past.… Read the rest