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The Supreme Court's overruling of Chevron has left courts split on how to treat BIA interpretations of the INA when considering whether noncitizens facing removal have committed aggravated felonies and crimes involving moral turpitude. This post explores the effects different methodology might have on noncitizens and advocates for a consistent approach going forward.
Critical undersea infrastructure forms the hidden backbone of global communication and energy networks, yet remains increasingly vulnerable to both accidental damage and intentional sabotage. Volume XLIX staff editor Anthony Trabucco argues that while the current international legal regime, rooted in the 1884 Submarine Telegraph Convention and the United Nations Convention on the Law of the Sea, provides some enforcement mechanisms, meaningful reform is needed. This post explores how clearer jurisdictional rules and stronger enforcement mechanisms could help safeguard the vital infrastructure that connects the modern world.
The realization requirement, one of the most fundamental principles in U.S. tax law, has long lacked clear statutory guidance. Volume XLIX staff editor Gilad Menashe examines how the United States might look to other countries, such as Canada and Australia, for a valuable starting point in defining when a realization event has occurred for tax purposes
For an Olympic athlete, the Court of Arbitration for Sport is the tribunal that ultimately decides whether an athlete's violation of rules will lead to a slap on the wrist or a career ending expulsion from the federation. However, many criticize the decision-making of the CAS. Volume XLIX staff editor Derek Kim argues that the CAS should enforce more uniform standards for athletes who are in violation of anti-doping rules. This post delves into the inconsistency of the CAS and WADA's anti-doping rule and enforcement policy and possibilities for equitable treatment toward athletes.
As artificial intelligence continues to reshape lives and industries, regulators must ensure that innovation does not outpace oversight. After the European Medicines Agency recognized an AI-assisted pathology tool as regulatory-grade evidence, questions arise over what the US should do next. In this post, Volume XLIX staff editor David Choe examines EMA's AI Qualification Opinion and outlines potential steps the FDA can take to accelerate safe drug innovation and minimize intercontinental regulatory friction.
The United States' gig economy framework is falling behind international standards, leaving independent contractors in the digital platform business without legal protections. This post argues that the United States should combine the frameworks used by Canada and the European Union to address the current legal gap for independent contractors and to lessen the instability across the current state-by-state laws.
As digital currencies evolve, the balance between public and private money has raised questions of sovereignty for the United States, putting the State at risk of ceding monetary control and, therefore, power to both private actors and foreign states. Volume XLIX staff editor Caroline Packard analyzes how U.S. policy favoring private Stablecoins and prohibiting a retail Central Bank Digital Currency may undermine the nation’s monetary control, contrasting this approach with the European Central Bank’s efforts to safeguard Europe’s sovereignty through a retail CDBC and accompanying regulations.
The EU AI Act, the EU's comprehensive law focused on regulating the use of and risks inherent in AI, requires compliance with the Act even by parties whose “outputs” generated by AI are then used in EU—including parties outside of the Union. Thus, where a company employs generative AI to create an advertisement, which subsequently lands in the EU, they are subject to the Act, and must disclose to consumers that the advertisement was made with AI—which is of particular concern for social media advertisements, which traverse international borders. Volume XLIX staff editor Olivia Lilley argues that United States and countries around the world should enact legislation that mirrors the EU AI Act in order to prevent their citizens from unintentionally violating the Act and facing serious fines.
The European Union is attempting to exert extraterritorial regulatory powers on the domestic corporate activity of third-party nations through the Corporate Sustainability Due Diligence Directive. In short, the CSDDD would attempt to impose EU law and international agreements that the US has not ratified on the domestic corporate activity of US companies if they have EU operations that meet a certain threshold. However, Volume XLVIII staff editor Antonio Videla argues that this attempt is unlikely to succeed because the US will not accept an intrusion of its sovereignty and this attempt likely runs contrary to international law.