Developments in medical law in the United Kingdom in 2005 and 2006

This article highlights and summarises the key developments in medical law in the jurisdictions of the United Kingdom in 2005 and to April 2006. Topics are mental health and mental capacity, data protection, freedom of information and the impact on health data, the Human Tissue Act, genetic research databanks, Human Fertilisation and Embryology Act--Review of the legislation, consultations and related case law, developments in embryo and embryonic stem cell research, clinical trials and human subject research, medical futility, and physician assisted dying.     

New directions in policing fraud: The emergence of the counter fraud specialist in the United Kingdom

Fraud and corruption in the public sector have become issues of increasing importance for the government in the United Kingdom. Numerous initiatives have emerged ranging from high profile publicity campaigns against benefit fraud and tax evasion to the establishment of specialist bodies, such as the NHS Counter Fraud and Security Management Service (NHSCFSMS). One of the most interesting developments, however, has been the emergence of the ‘counter fraud specialist (CFS)’ across central and local government, as well as the private sector. These are specially trained civilian personnel who are tasked to prevent, investigate and secure sanctions against fraudsters. They undertake common training packages and are accredited by the Counter Fraud Professional Accreditation Board (CFPAB). This paper first outlines the emergence of the CFS; then draws upon the results of recent survey data to discuss some of their characteristics. The paper also considers some of the main issues raised by the growth of the CFS including the possible emergence of an embryonic ‘fraud police’, the indirect ‘load shedding’ of fraud investigation and the governance of this new breed of policing personnel.     

From “Unstable” to “Stable” Minority Government: Reflections on the Role of the Nationals in Federal Coalition Governments

In contrast to some other jurisdictions, in Australia, governments relying on minor parties and independents to enact policies and especially to hold power, are readily characterised by oppositions and commentators as unstable, even chaotic and an undesirable deviation from the stability of majority parliaments. The almost unremarked exception is the Liberals' long and frequent reliance on the National Party and its predecessors to form government. This paper explores the role of the National Party in minority Coalition governments and considers why this form of minority government attracts so little comment, noting the inter‐party and intra‐party systems and strategies that give the appearance of stability.     

Sporting Justifications under EU Free Movement and Competition Law: The Case of the Football ‘Transfer System’

Governing bodies have significant autonomy in the organisation of professional sport in the EU, a situation now supported by Article 165 TFEU. However the post‐Lisbon competence for sport does not grant any exemption for practices that infringe fundamental freedoms or competition law; such infringements can only be justified where they are a proportionate response to an inherent need in that sport. The football ‘transfer system’ has been the subject of a series of EU law challenges, but continues to place obstacles in the way of the free movement of players between Member States and may restrict the ability of most clubs to compete for the elite players. Court of Arbitration for Sport decisions in transfer dispute cases have entrenched this situation, and recent evidence casts doubt on both the ability of the authorities to justify the current system and the 2001 decision by the European Commission to sign it off as being an acceptable balance between the rights of the stakeholders.     

What Have We Done Wrong? The Responsibilities of the Rich

This paper surveys hostile reactions to claims that the 11 September attacks were understandable in terms of the actions of the west towards poor parts of the world and the rich countries' own public commitments to democracy and affluence at home. The paper argues that domestic resentment is likely to continue to foment because concerted institution-building commensurate with the rich countries' material capacities has been neglected. Much responsibility for the global discontent can be attributed to policies advocated by the west and imposed on both rich and poor countries alike by policy-elites within the rich countries. Intellectuals have a role in re-activating the sorts of high-minded state-building and policymaking capacities that preoccupied them in the immediate post-1945 period.     

Integrity Systems and Local Government

Australia's third sphere of government is local government, consisting of about 675 councils nationally, responsible for an average of 6 percent of total public sector expenditure (around $18 billion) annually. This article reviews key integrity issues confronting local government, based on experience in NSW and Queensland. Current issues confirm integrity to be a significant concern manifesting in a large variety of forms, both in council administration and in local government politics. A new generation of responses are increasingly tailored to recognising local government as a permanent, elected sphere of government, accounting directly to the public, while, supported by state regulators, individual councils also pursue better practice in the management of their own administrations.     

Suicidal ligature strangulation: case report and review of the literature

An unusual case of suicidal ligature strangulation is described. The victim is a 42-year-old white male who devised a very elaborate ligature mechanism comprised of thin wire, a plastic tub filled with water, and a combination of other common objects to commit suicide while in custody. A brief review of the literature follows.     

Does Racial Balance in Workforce Representation Yield Equal Justice? Race Relations of Sentencing in Federal Court Organizations*

Increasing racial and ethnic group representation in justice‐related occupations is considered a potential remedy to racial inequality in justice administration, including sentencing disparity. Studies to date yield little evidence of such an effect; however, research limitations may account for the mixed and limited evidence of the significance of justice workforce racial diversity. Specifically, few studies consider group‐level dynamics of race and representation, thus failing to contextualize racial group power relations in justice administration. To consider these contextual dynamics we combine court organizational and case‐level data from 89 federal districts and use hierarchical models to assess whether variably “representative” work groups relate to district‐level differences in sentencing. Using district‐specific indexes of population and work group dissimilarity to define representation, we find no relationships between black judge representation and sentencing in general across districts, but that districts with more black representation among prosecutors are significantly less likely to sentence defendants to terms of imprisonment. We also find in districts with increased black representation among prosecutors, and to a lesser degree among judges, that black defendants are less likely to be imprisoned and white defendants are more likely to be imprisoned, with the effect of narrowing black‐white disparities in sentencing. Consistent with the “power‐threat” perspective, and perhaps “implicit racial bias” research, findings encourage modeling diversity to account for relative racial group power in processes of social control and suggest that racial justice may be moderately advanced by equal representation among authorities.