Consumer Redress Legislation: Simplifying or Subverting the Law of Contract

The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly to disrupt the private law landscape. Such schemes aim to increase access to justice for consumers by offering simplified and clear suites of rights and corresponding remedies. In so doing, however, they affect core areas of private law rights and remedies, and may come to undermine or replace existing contractual principles and policies. The result could be an incoherent system of private law with different principles and rules applying to commercial and consumer transactions. Coherence in the law requires that lawyers abandon their traditional ‘oil and water’ attitudes to legislative schemes and confront directly the interactions between these two bodies of law. This paper engages in that enquiry by considering the relationship between the relatively new consumer redress provisions in the Consumer Protection from Unfair Trading Regulations 2008 and general law principles.     

Theoretical and Methodological Challenges of Studying Refugee Children in the Middle East and North Africa: Young Palestinian, Afghan and Sahrawi Refugees

This article aims to address a number of conceptual and methodologicalchallenges facing the study of young refugees. Much of the researchon refugees has, until recently, been focused on adults, andto a lesser degree, on young children. Those studies that doinclude children are largely carried out in the domain of psychologyand psychiatry and tend to pathologize and individualize. Thisarticle is based on observations derived from a six-year, multi-disciplinaryanthropological and participatory research programme that examinedthe impact of forced migration on young people in the MiddleEast and North Africa: Palestinian refugee youth in Lebanon,Syria, Jordan, the West Bank and Gaza, Sahrawi youth in Algeria,and Afghan youth in Iran. It argues that despite the challenges,an anthropological and participatory approach contributes toa greater, more holistic understanding of refugee youth.     

The EDNAP mitochondrial DNA population database (EMPOP) collaborative exercises: organisation, results and perspectives

This paper presents an overview of the organisation and the results of the collaborative exercises (CE) of the European DNA Profiling (EDNAP) Group's mitochondrial DNA population database project (EMPOP). The aim of the collaborative exercises was to determine whether uniformity of mtDNA sequencing results could be achieved among different laboratories. These were asked to sequence either the complete mtDNA control region or the two hypervariable regions HVI (16024-16365) and HVII (73-340) from DNA extracts, buccal swabs or bloodstains, proceeding in accordance with the protocol and strategies used in each individual laboratory. The results of the collaborative exercises were employed to identify possible sources of errors that could arise during the analysis and interpretation of mtDNA profiles. These findings were taken as a basis to tentatively make suitable arrangements for the construction of a high quality mtDNA database. One hundred fifty mtDNA profiles were submitted to the evaluating laboratory, and disaccording profiles were classified into four groups corresponding to the source of error: clerical errors, sample mix-ups, contaminations and discrepancies with respect to the mtDNA nomenclature. Overall, 14 disaccording haplotypes (16 individual errors) were observed. The errors included 10 clerical errors, 3 interpretation problems, 2 cases of sample mix-up and 1 case of point heteroplasmic mixture, where the 2 sequencing reactions brought inconsistent base calls. This corresponds to an error rate of 10.7% in a virtual mtDNA database consisting of the collaborative exercise results. However, this estimate is still conservative compared to conclusions drawn by authors of meanwhile numerous publications critically reviewing published mtDNA population databases. Our results and earlier published concerns strongly emphasize the need for appropriate safety regulations when mtDNA profiles are compiled for database purposes in order to accomplish the high standard required for mtDNA databases that are used in the forensic context.     

Y-STR haplotypes from eight south Indian groups based on five loci

Five Y-chromosome short tandem repeat (STR) loci (DYS389I, DYS389II, DYS390, DYS391, and DYS393) were typed in 81 males from seven tribal populations of south India, including 30 Koragas, 23 Yeravas, 5 Mullukurunan, 2 Mullukurumba, 4 Paniya, 3 Kuruchian and 3 Bettakurumba; and 11 south Indian caste individuals of mixed origins.     

HealthConnect and privacy: a policy conundrum

A shared electronic health record is intrinsically privacy-invasive because it creates a comprehensive record for information-sharing. The author explains the significance of information privacy and why it is that health information warrants special protection. She also provides an overview of the existing regulatory framework and an evaluation of suggested options and proposals for addressing privacy-related issues. Her analysis of suggested consent models suggests that they ultimately involve a trade-off between privacy and the broader benefits promised by HealthConnect and that obtaining the right balance is essential if HealthConnect is to achieve optimal health outcomes.     

Disclosing health information breaches of confidence,privacy and the notion of the "treating team"

The authors utilise cases collected during a randomised population survey to illustrate some of the legal and policy issues concerning routine transfers of information between treating practitioners. Their analysis suggests that implied consent for many routine uses of health information should not be assumed. An important part of consent to health information disclosure is the patients' ability to tailor its scope and content. This requires that they should be provided with additional information. Introducing the measures advised into the clinical setting would bring health information-gathering practices closer to compliance with the collection principles contained in Australian information privacy legislation.     

A MANAGERIALIST STRIKES BACK

Abstract : In view of a rather one-sided recent debate, "managerialism" in bureaucracy calls for a defence. The alternate paradigm, which is said to turn on legal as opposed to economic rationality, has not been systematically dealt with by the anti-managerialists. The functions to which it refers have always in practice been only a small element of public sector activity. The new artifacts of administration are properly viewed as a public sector reflection of wider thought on organisations and quality of working life. They have some common origins with contemporary private sector practice rather than being derived by copying the private sector. Management and policy skills are not mutually exclusive; indeed the contrary is true. Finally, in relation to broadly accepted ethical norms, modern public administration compares well with that which has gone before.