Showing papers by "Jones Day published in 2006"

Industry's challenge to academia: changing the bench to bedside paradigm.

Abstract: The need for interdisciplinary collaboration is arising as a result of accelerating advances in basic science, including massive research and development funding by both government and industry, which has spurred the so-called "nanotechnology revolution" and developments at the intersection of the life and physical sciences, increasing emphasis by federal research funding agencies on interdisciplinary and inter-institutional research and by market influences. A number of barriers presently limit the interaction between academics and industry, including the typically very time-consuming and slow pace of technology transfer, which is compounded in the case of interdisciplinary and inter-institutional licensing, as well as the natural, and understandable, antipathies that exist between academia and industry as a result of their differing missions and approaches to scientific discovery. Moreover, if mechanisms are not in place at the outset of an inter-university collaboration, then the transition of inventions to clinical applications can be fraught with additional complexities and barriers. Policies suggested by the National Nanotechnology Initiative offer a number of ideas for overcoming barriers to multidisciplinary and inter-institutional research and illustrate some of the ways in which academia can structure partnerships with industry that will not only provide needed funding for multidisciplinary and inter-institutional biomedical research in an era of diminishing federal resources, but may permit academia, on the one hand, and industry, on the other, to benefit from the strengths provided by the other without compromising either academia's or industry's basic missions.

You (Don’t) Look Marvelous: Considerations for Employers Regulating Employee Appearance

Abstract: Under federal law, employers are generally allowed to set policies regulating employees’ appearance, provided that those policies do not impinge on groups specifically protected under federal statute. State and local laws, however, may preclude employers from implementing such dress and appearance policies. Employers whose workers are unionized must consider the provisions of the bargaining agreement. One trend in connection with regulations relating to employees’ appearance and dress is that creative lawyers have stretched the law to cover certain workers.

The Premier League-European Commission Broadcasting Negotiations

Abstract: This intervention analyses the new arrangements for the sale of live television rights to FA Premier League (FAPL) games. The new procedures have been produced as a result of ongoing discussions between the FAPL and the European Commission. To ensure compliance with European Union competition legislation, the Premier League has accepted the Commission’s calls for an end to its exclusive distribution of live broadcast rights, bringing to an end BSkyB’s 15-year monopoly of its main subscription driver (Buck and Terazono, 2005). Here, we examine the aims of the European Commission in pursuing the FAPL’s exclusive deal with BSkyB (Sky) and consider whether the deal that has been brokered provides any tangible benefits to the consumer.

The Domestic Production Deduction: Frequently Asked Questions - and a Few Answers

Abstract: Carl M. Jenks presents a lighthearted yet practical question-and-answer guide to the section 199 domestic production activities deduction.

The Class Action Fairness Act: An Ill-Conceived Approach to Class Settlements

Abstract: Much has been written by scholars and practitioners and in the popular press about the profound impact of the Class Action Fairness Act of 2005 (CAFA) on jurisdiction over class actions. It is well known that under CAFA, most major class actions, including virtually all multistate class actions, will now be heard in federal court. But Congress attempted to address more than just the concern of perceived plaintiff-oriented bias by state court judges; it also sought to address the problem of class settlements that mainly benefit lawyers rather than class members. With respect to its jurisdictional objective, Congress was largely successful. The statute has some ambiguities that will need to be worked out, but, in general, CAFA's impact on federal court jurisdiction will be immediate and significant. Congress addressed a discrete problem - getting most class actions to federal court - and its solution will largely accomplish that result. On the settlement front, however, Congress lacked any clear understanding of what it was trying to fix. As a result, the so-called "problem" of class action settlements is ill-defined, and Congress has passed a series of unrelated provisions that achieve little and raise more questions than they answer. This Article analyzes the settlement provisions of CAFA. Part I looks at what Congress sought to achieve in CAFA's settlement provisions and the problems and ambiguities created by the language of the statute. Part II argues that Congress did not fix the problem it attempted to address and offers a proposal to amend CAFA to achieve that purpose.