Banking on reform in 2010: is regulatory change ever enough and will the general election hold the answers for the financial services industry?

Over the past three years the financial service industry within the United Kingdom has undergone a major crisis. No part of the industry has gone untouched and even the regulators and the Government have come under fire for their part in promulgating the financial crisis, along with the financial service providers themselves. What has developed has been a plethora of policy documents issued and this has culminated in four major new legal updates for the financial services industry occurring during just one year. The Banking Act 2009, the Turner Review, the Walker Review, the White Paper on Reforming Financial Services and the Financial Services Bill 2009 have all increased the burden on financial services firms in light of the financial crisis sweeping not only the UK but the globe. This paper provides an oversight of these four important papers and pieces of legislation so as to shed light on what the new requirements for financial services firms are. Given the fast pace of the financial crisis, its respective regulation is also just as quick and as such it has been hard for practitioners and academics alike to keep pace with the evolving saga of the crisis. This paper therefore provides an overview of what happened and how the regulation has responded to the challenges it now faces.     

Gambling on compliance with the new 2005 Act: Do organisations fulfil new regulations?

Gambling is not a new phenomenon. Indeed gambling has been seen to be omnipresent throughout history and culture. However gambling has taken a new path. Online gambling is fast becoming a major pastime for many of society. The ease of access and convenience of play has led to an increase in the numbers of people gambling, and not just online. Within the increase of online gambling there has also been an increase in the regulation surrounding this industry. This paper explores the regulatory approach to online gambling within the UK. The researchers explore the Gambling Act 2005 (UK) and provide an empirical analysis of the UK major gambling organisation to determine what regulatory aspects they adopt and what safety measures they have in place to protect minors and to protect against financial crime. The researchers finally looks at policy implications for UK governments when regulating future online gambling.     

A fatal complication of a vena caval filter associated with pulmonary thromboembolism

Vena caval filters are increasingly used for the prevention of pulmonary thromboembolism in patients with deep vein thrombosis ever since the introduction of the stainless steel Greenfield filter in the 1970s. Although complications associated with their use are rare, they can be fatal, and therefore it is important for forensic pathologists to be aware of their occurrence. Because of the ramifications of a medical device failure, a thorough documentation of the autopsy findings is essential. We describe an unusual case of a 75-year-old woman who developed a fatal pulmonary thromboembolism with concurrent migration of a lesser known type of vena caval filter to the right ventricle occurring 19 days after filter placement. A review of the types of vena caval filters in current use, and their complications, are discussed.     

IMPROVEMENT OF CLINICAL AND LEGAL DETERMINATIONS IN CASES OF ALLEGED CHILD SEXUAL ABUSE

Mental health and legal professionals have struggled, too often isolated from each other's disciplines, to establish methods to assess and demonstrate whether a particular child has been abused and whether a particular adult is, in fact, the perpetrator. Complete, accurate, and neutral assessment must be the first step in the healing process; however, barriers imposed by professionals often interfere with the assessment process. This article critiques these barriers and suggests improvements for both good clinical practice and effective use in increasingly adversarial legal proceedings.     

Pregnancy dismissals and theWebb litigation

Conclusion It is generally accepted that women have the right to participate in the workplace, although only if replicating the traditional male mode of working. To this extent, the right to formal equality with men is generally agreed to be a legitimate goal for legislation. However, where the limitations of such assimilation to a male norm come into sharp focus, as they do in the context of pregnancy, the restrictions placed on improving the position of women are evident. The courts seek to accept the arguments of employers that some limitation on the rights of women to participate fully in the workplace is necessary, with the unarticulated assumption that pregnancy constitutes a real difference between the sexes, incompatible with their notion of (formal) equality. Thus, it is argued, that the advances so far gained in the relation to pregnancy dismissals do not represent a cultural shift in attitudes towards accommodating pregnant women and women with children into the workplace. They have been adopted only reluctantly by the UK courts and legislature, with limitations still being placed on their effect particularly in respect of dismissals on account of pregnancy-related illness. The rights of women not to be discriminated against solely on the basis of their biological ability to give birth must continue to be advocated and given attention; complacency will likely see those rights progressively restricted.     

‘I Just Wanted Him to Hear Me’: Sexual Violence and the Possibilities of Restorative Justice

The use of restorative justice in cases of sexual violence is highly contentious. Some argue that it may trivialize violence against women, revictimize the vulnerable, and endanger the safety of victim‐survivors. On the other hand, from the perspective of victim‐survivors, it may enable us to hear their stories more holistically, offering greater control and validation, and reduce victim‐blaming. It may also provide an additional opportunity to secure some form of justice. Debate over the validity of these competing claims has largely taken place in an empirical vacuum. This article considers the results of an exploratory study of a restorative justice conference involving an adult survivor of child rape and other sexual abuse. The results, while necessarily tentative, provide good ground to consider afresh the possibilities of restorative justice in cases of sexual violence. We suggest that for those victim‐survivors who wish to pursue this option, restorative justice may offer the potential to secure some measure of justice.     

2009 H1N1 Fatalities: The New Mexico Experience

Abstract: Histopathologic features of New Mexico 2009 H1N1 fatalities have not been representative of those reported nationwide. We retrospectively reviewed medical records of all New Mexico 2009 pandemic influenza A (pH1N1) fatalities (n = 50). In cases in which autopsy was performed (n = 12), histologic sections and culture results were examined. In contrast to previously published studies, the majority of our fatalities did not have diffuse alveolar damage (DAD) (2/12; 16.7%). Common findings included pulmonary interstitial inflammation and edema, tracheobronchitis, and pneumonia. Two cases had significant extra‐pulmonary manifestations: myocarditis and cerebral edema with herniation. The majority had a rapid disease course: range from 1 to 12 days (median, 2 days), and Native Americans were disproportionately represented among fatalities. These findings suggest that New Mexico H1N1 fatalities generally did not survive long enough to develop the classic picture of DAD. Pathologists should be aware that H1N1 may cause extra‐pulmonary pathology and perform postmortem cultures and histologic sampling accordingly.     

WHEN PARADIGMS COLLIDE

For the past 25 years, helping professionals have wrestled with the task of adapting their practices to incorporate new information about abuse and responsibilities toward its victims. Despite a growing body of helpful research, increasing training opportunities and extensive legislative reform, significant obstacles still confront adult and child victims of partner violence in the family court system. This article groups those obstacles into three categories: naming the problem, identifying victims of abuse, and prioritizing victim safety. In each problem area, the author suggests that progress depends on increased integration at the level of theory and increased professional collaboration at the level of practice .     

Sex,Parity, and Scars: A Meta‐analytic Review

The ability to identify whether a female has been pregnant or has given birth has significant implications for forensic investigations and bioarcheological research. The meaning of “scars of parturition,” their causes, and their significance are a matter of contention, with a substantial literature of re‐evaluations and tests of the relationship between pelvic scarring and parity. The aim of this study was to use meta‐analytic techniques (the methodological approach) to test whether pelvic scarring, namely dorsal pubic pitting and the preauricular groove, is a predictor of parity and sex. Meta‐analyses indicated that neither dorsal pubic pitting nor the preauricular groove are predictors of parity status, while dorsal pubic pitting is a moderate predictor of sex. A weak relationship between dorsal pubic pitting and parity was identified, but this is believed to be a product of the moderate relationship with sex. This calls into question whether any causal relationship between parity and pelvic scarring exists.