Managing incidental findings in human subjects research: analysis and recommendations.

No consensus yet exists on how to handle incidental findings (IFs) in human subjects research. Yet empirical studies document IFs in a wide range of research studies, where IFs are findings beyond the aims of the study that are of potential health or reproductive importance to the individual research participant. This paper reports recommendations of a two-year project group funded by NIH to study how to manage IFs in genetic and genomic research, as well as imaging research. We conclude that researchers have an obligation to address the possibility of discovering IFs in their protocol and communications with the IRB, and in their consent forms and communications with research participants. Researchers should establish a pathway for handling IFs and communicate that to the IRB and research participants. We recommend a pathway and categorize IFs into those that must be disclosed to research participants, those that may be disclosed, and those that should not be disclosed.     

The Trade Union Movement and the European Union: Judgment Day

Abstract: The trade union movement faces a challenge to the legality of transnational collective action as violating economic freedoms in the EC Treaty. How are disparities in wages and working conditions among the Member States to be accommodated? Are national social models protected? Does the internal market allow for trade union collective action? How does EU law affect the balance of economic power in a transnational economy? What is the role of courts in resolving economic conflicts? This article analyses the responses to these questions as referred to the European Court of Justice by the English Court of Appeal and offers some conclusions. The purpose is to highlight the different positions adopted by the old Member States and the new accession Member States as regards the underlying substantive issues, and the options available to the Court of Justice in answering the questions posed.     

The secret service department: a British Intelligence Bureau in mid-Victorian London,September 1867 to April 1868

In December 1867 the Earl of Derby's government established a ‘Secret Service Department’ in London to extend Dublin Castle's anti- Fenian intelligence network to England and to contend with the perceived threat posed by domestic and international secret societies. This secret detective force – an early English intelligence bureau – lasted only until April 1868, but its disbandment reflected practical and administrative difficulties rather than a pervading prejudice towards spying. Indeed, the motivations for founding the department and the actions of those involved suggest that long before the establishment of the Special Branch in the 1880s, need rather than principle determined official actions in regard to political espionage.     

Managing generic competition and patent strategies in the pharmaceutical industry

Legal context: The income streams of originating pharmaceutical manufacturersare under pressure as never before, from increasing R&Dcosts, regulatory pressures, and competition from generic manufacturers.This article examines the various strategies which originatingpharmaceutical manufacturers have adopted in response to thesethreats. Key points: The authors consider various strategies, including SupplementaryProtection Certificates, life-cycle management (‘evergreening’),second pharmaceutical use claims, trade marks, and the use ofdata exclusivity and interim injunctions, in order to prolongthe protection given to existing products, and to manage competitionfrom generic manufacturers. Practical significance: The authors also include two real-life case studies in orderto illustrate the practical applications of the strategies discussedin the article.     

A snapshot of legal developments and industry issues relevant to information technology, media and telecommunications law in key jurisdictions across the Asia Pacific – Co-ordinated by Lovells and contributed to by other leading law firms in the region

This column provides a country by country snapshot of the latest legal developments, cases and issues relevant to the IT, media and telecommunications industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.     

School violence prevention measures: School officials' attitudes about various strategies

Concern about school violence has been escalating in recent years. A variety of strategies are used in efforts to prevent violence in schools. These remedies can be classified as legal, interactionist, and physical remedies. Legal remedies refer to laws, like the reasonable suspicion to search strategy that allows school officials to search and seize contraband. Interactionist remedies refer to practices that encourage students and other school officials to communicate more openly with school officials about possible cases of violence. Physical remedies refer to strategies that involve altering the school environment in an effort to prevent violence. This study considered the way that 138 school officials from the Commonwealth of Virginia defined the usefulness of these strategies. Attention was also given to whether certain factors contribute to the officials' assessments of the efficacy of each prevention strategy. Results of the study showed that the interactionist, and then legal remedies are believed to be the most useful, while physical remedies are perceived as the least useful strategies. The study uncovered differences of opinion based on racial lines. As an example, more Blacks than Whites were more likely to describe metal detectors as a very useful strategy. Implications of the study are provided.