• March 14, 2025
European Banking Authority Launches Consultation on Guidelines on ESG Scenario Analysis

European Banking Authority Launches Consultation on Guidelines on ESG Scenario Analysis

The draft guidelines outline expectations for institutions to adopt forward-looking strategies and incorporate scenario analysis into their management framework to assess resilience against the negative impacts of ESG factors. By Axel Schiemann, Paul A. Davies, and Nicola Higgs On 16 January 2025, the European Banking Authority (EBA) launched a public consultation on its draft guidelines on ESG scenario…

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Regulatory Reversals: Political Transitions and the Congressional Review Act

Regulatory Reversals: Political Transitions and the Congressional Review Act

A Republican Congress and the incoming Trump administration may employ the CRA to quickly overturn recent rules that faced heavy criticism from the financial services industry. By Jenny Cieplak, Zachary Fallon, Arthur Long, Parag Patel, Barrie VanBrackle, Stephen Wink, and Deric Behar Every four years in American politics is an opportunity to turn the tables…

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Creating Space for Patients’ Voices in Health Care

Between 2016 and 2022, over 26 percent of drugs approved by the U.S. Food and Drug Administration (FDA) were labeled based on outcomes reported directly from patients. Despite a trend toward using patient-reported information in clinical practice, health care outcomes in the United States are not traditionally assessed by taking stock of patients’ voices. In…

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EU Sports Regulation After Super League

“You greedy bastards, you are ruining our club!” That was according to the thousands of supporters assembled outside of Chelsea F.C.’s stadium in April 2021 protesting the club’s announcement that it would join the recently announced Super League—a proposed international football competition comprising mostly highly lucrative clubs. European politicians, including former British Prime Minister Boris…

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Can the Courts Manage the Trump Blitzkrieg?

Is the U.S. Supreme Court’s landmark decision in Humphrey’s Executor v. United States still good law? If so, President Donald J. Trump’s removal of a National Labor Relations Board (NLRB) member without cause is unconstitutional. Is birthright citizenship protected by the 14th Amendment? If not, President Trump’s executive order that prohibits birthright citizenship is unconstitutional.…

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Week in Review

IN THE NEWS  The Office of Management and Budget rescinded a memo that froze spending on all federal loans and grants after widespread confusion and concern. The original memo, issued just two days earlier and temporarily blocked by a federal judge, was intended to give President Donald J. Trump’s Administration time to ensure spending was…

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The Evolving Role of Title IX in Women’s Sports

Over 50 years have passed since the passage of Title IX, a federal civil rights law administered by the U.S. Department of Education and intended to provide equal access for women in education and athletics in the United States. Three million additional high school athletic opportunities exist for U.S. women following Title IX’s passage. As…

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A State Legislative Nudge Toward Regulatory Excellence

Upon a rare override of a veto by New Hampshire Governor Chris Sununu, the state recently achieved one small step for regulatory excellence. With a combined 341-11 vote by  New Hampshire’s legislature, House Bill 1622 was enacted in October and took effect on December 10, 2024. Drawing on my experience as the former chief regulatory…

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Keeping an Eye on Compliance Gatekeepers

Amid increased societal demands and regulatory burdens, corporations have invested billions of dollars into compliance programs, often relying on outside compliance advisors to perform essential tasks. In a recent article, Asaf Eckstein, a professor of law at Hebrew University, and Roy Shapira, a professor of law at Reichman University, argue that external compliance advisors are…

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FDIC Acting Chairman Charts a Fresh Path Forward for the Agency

FDIC Acting Chairman Charts a Fresh Path Forward for the Agency

The FDIC seeks to stick to its statutory mandate while reducing impediments to fintech, innovation, mergers, bank formation, and efficient supervision. By Arthur S. Long, Pia Naib, and Deric Behar Just one day after being named acting chairman of the Federal Deposit Insurance Corporation (FDIC), Travis Hill revealed an agenda of priorities for the FDIC. Hill…

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Addressing Health Care’s “No Prices” Model

About one in four adults admit to having skipped or postponed getting necessary health care because of costs this past year. In a recent article, Gregory Day, an associate professor of Legal Studies at the Terry College of Business, argues that the problem of high costs could be attributed to health care’s practice of having…

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Reliable and Climate-Friendly Electricity Markets

In 2021, President Joseph R. Biden set a national goal of 100 percent carbon-free electricity by 2035. This ambitious goal requires a significant shift in power production to renewable sources and the construction of thousands of miles of new electric transmission lines. This target will necessitate support from numerous regulatory policies, including the implementation of…

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Week in Review

IN THE NEWS  President Donald J. Trump signed an executive order titled “Unleashing Prosperity Through Deregulation,” requiring federal agencies to identify at least ten existing regulations to repeal whenever they seek to issue a new one. The order aims to reduce “unnecessary, burdensome, and costly federal regulations” and requires that the cost of all new…

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Even US Messaging Outlet RFE/RL Having Trouble Prettying Up Trump Planning to Buy Ukraine Rare Earths Empty Bag

There is both less and more in the Trump offer to arm Ukraine in return for rare earths than meets the eye.

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