Jones Day

About: Jones Day is a based out in . It is known for research contribution in the topics: Supreme court & Arbitration. The organization has 118 authors who have published 112 publications receiving 882 citations.

Certificates of Confidentiality: Protecting Human Subject Research Data in Law and Practice

Abstract: Researchers often require and collect sensitive information about individuals to answer important scientific questions that impact individual health and well-being and the public health. Researchers recognize they have a duty to maintain the confidentiality of the data they collect and typically make promises, which are documented in the consent form. The legal interests of others, however, can threaten researchers’ promises of confidentiality, if they seek access to the data through subpoena. Certificates of Confidentiality (Certificates), authorized by federal statute, are an important tool for protecting individually identifiable sensitive research data from compelled disclosure. However, questions persist in the research community about the strength of Certificate protections, and the evidence on which to judge the strength is scant. In this article, we address those questions through a careful examination of the legislation and regulations concerning Certificates and the reported and unreported cases we have identified through our legal research and interviews with legal counsel about their experiences with Certificates. We also analyze other statutes that protect research data to compare them to the Certificate’s protections, and we review other legal strategies available for protecting research data. Based on our analysis, we conclude with recommendations for how to strengthen protection of sensitive research data.

Investment Arbitration Counsel’s Role in the Progressive Development of International Law

Abstract: Starting from the observation that international law remains largely perceived today as a state-centric product, this chapter argues that private actors and their respective counsel have a sizeable effect on the progressive development of international law. International jurisprudence—which is itself a subsidiary source of international law—is contingent on how counsel assist tribunals in reaching well-researched and well-reasoned decisions, which eventually contribute to the development of a more reliable jurisprudence constante. In the realm of investment treaty arbitration, counsel have a role to play in assisting tribunals when it comes to treaty interpretation or the identification of rules of customary international law and general principles of law. Counsel might do so in a variety of ways, including by providing arbitral tribunals with relevant evidence to interpret the specific meaning behind a treaty provision, scrutinizing relevant state practice to identify a rule of customary international law, or conducting the necessary comparative work of divining the existence of a general principle of law in a variety of legal traditions. This chapter reviews some investment treaty cases where counsel have distinguished themselves in this regard.

A Chinese Court issues second abuse of dominance's decision under the new anti-monopoly law (Baidu,TRISC)

Abstract: On December 18, 2009, a Chinese court ruled in favor of Baidu, Inc. (“Baidu”), allegedly the largest Chinese search engine company, in a lawsuit filed by Tangshan Renren Information Service Company…

Europe: Single Market or Political Union?

Abstract: The choice is between single market and political union over-simplified. Even an effective single market requires some political integration. So too does the management of a single currency, advantageous in itself. Neither requires a "European economic government". Beyond this, the peoples of Europe increasingly question the need for further supra-nationalism. "Political union", in the form which frightens people, will not happen. Britain must play a full part in shaping the EU and its unique institutional structures, and prepare to join the euro-zone as soon as sensibly possible.

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.