Electronic banking and how courts approach the evidence

Banking systems are so complex, that it is essential for a court to fully understand the weaknesses to be able to assess the evidence when faced with dealing with disputed transactions involving ATMs and on-line banking. A bank will make every effort to restrict the amount of evidence it has to provide to prove its case, but it is for the judge to be aware of the characteristics of electronic evidence, so that a fair trail can be conducted. This article considers the burden of proof in banking cases, and argues that not every court has succeeded in providing a claimant with a fair trial of the evidence.     

Mapping the effects of Brexit on legal education in Wales: proposals for addressing students’ concerns

ABSTRACT

Whilst the future for UK–EU relations remains to be realised, Brexit will have consequences for legal education. However, to date, neither the UK nor Welsh Governments have sufficiently addressed what those consequences will be for higher education. This paper, which documents the results of 336 student questionnaires received from law students surveyed from every law school in Wales, evidences that learners have already started to decide what they believe Brexit means for them. Amongst the numerous challenges for Welsh law schools is the opinion of current students that Brexit makes Wales a less attractive place for overseas students and lecturers, both EU and other internationals, to study and work. Meanwhile UK students studying in Wales are questioning the relevance of EU law modules, and are viewing aspirational careers within EU institutions as now being “closed doors”. By drawing upon our findings, as well as comparisons with other EU Member States, this paper proposes six areas where urgent collaboration between governments and universities is needed. Failing to address the concerns identified by this research has the potential to further threaten the internationalised education model that UK students benefit from by studying law at Welsh universities.     

Fighting childhood obesity through performance-based regulation of the food industry

That childhood obesity is an alarming public health problem is clear and widely appreciated. What is altogether unclear is what our society should do about it. Some people think the solution lies in using tort law to sue McDonald's, Coca-Cola, and other corporations. We reject that notion. Others believe that government should order specific changes in the behavior of food companies and school officials--and yet, there is little reason for confidence that these "command and control" strategies will make a difference. Instead, we propose "performance-based regulation" of the food industry. This is analogous to the approach our country is now taking with respect to elementary and secondary education (most prominently in the No Child Left Behind legislation). Schools are not told how to achieve better educational results, but better outcomes are demanded of them. This strategy has also been used in the environmental context to reduce harmful power plant emissions, and it has been briefly proposed as a way of regulating cigarette companies. In this Article, we propose that large firms selling food and drink that is high in sugar or fat will be assigned the responsibility of reducing obesity rates in a specific pool of children. A firm's share of the overall responsibility will be based on its share of the "bad' food market, and the children assigned to it will be organized by geographically proximate schools where obesity rates are currently above the plan's nationwide target rate of 8 percent (the actual childhood obesity rate today is approximately 16 percent). Firms that fail to achieve their goals will be subject to serious financial penalties.     

The court for sexual offences: perceptions of the professionals involved

This article evaluates the functioning of the Court for Sexual Offences in Bloemfontein, Free State, South Africa at the hand of the perceptions of those professionals most frequently involved with the Court. The findings suggest that professionals involved with this court tend to be positive in their appraisals of the sex-court system. However, the ability of the sex-court to remain objective and to reduce secondary victimization is called into question. Misconceptions with regard to the Court's current ability to contribute to the rehabilitation of offenders and the emotional recovery of the victims were exposed. The operational difficulties facing sex-court personnel are discussed and directions for future research are identified.     

Motor Vehicle Occupants,Neck Injuries,and Seat Belt Utilization: A 5‐Year Study of Fatalities in New York City

Abstract: Despite the implementation of numerous safety devices in automobiles, vehicular occupant fatalities following collisions remain common. We reviewed all fatalities of vehicular occupants in New York City over a 5‐year period on whom autopsies were performed (437) to determine the incidence of neck injuries and correlate them with seat belt utilization; 26.5% had neck injuries (mild to severe) and only 10.3% of these occupants were confirmed to be wearing seatbelts. Of those that had documentation of seat belt utilization there were twice as many neck injuries in the unbelted group. We highlight two cases of submarining with severe neck injuries that were related to automatic 2‐point shoulder harness restraints without engagement of the lap belt.     

Murder Followed by Suicide: A Newspaper Surveillance Study Using the New York Times Index

Abstract: Murder–suicide is a relatively uncommon event but as reported by the New York Times, it has occurred and continues to occur yearly. Previous research has indicated that those who commit murder–suicides tend to be men, are in or have been in an intimate relationship with the victim, victims tend to be women, and a firearm is most likely to be used. This study uses a newspaper surveillance methodology to examine such cases. Articles from the New York Times as found in the New York Times Index were coded, analyzed, and examined. The cases, 166 in total, support the findings from prior research. The trend data was examined by cross tabulations and chi‐square analysis. The findings suggest that murder–suicides are rare events and when they occur they usually involve a male perpetrator and an intimate partner victim who is either a wife or girlfriend with the event occurring in a private home. A firearm is the most commonly used method for both murders and suicides, particularly if there was more than one murder victim. The authors conclude by suggesting that future research should focus on using the forthcoming data resource in the CDC’s National Violent Death Reporting System (NVDRS) to examine the occurrence of murder–suicide.     

Street youths’ control imbalance and soft and hard drug use

In his control balance theory Charles Tittle maintained that under favorable conditions unbalanced control ratios will lead to different forms of deviance. The type of deviance chosen is argued to depend on the degree of the control imbalance and the desirability the offense presents as a method of altering the imbalance. Utilizing a sample of homeless street youth this study examined if different types of control balance ratios were associated with hard and soft drug use. The findings revealed that control balance surpluses and control balance deficits were both related to hard and soft drug use but that these relationships were significantly stronger for hard drug use. Further, provocation and self-control were significant predictors of hard but not soft drug use while drug using peers predicted soft drug use but not hard drug use. Parental drug use, perceptions of risk, and values supportive of illegal behavior predicted both forms of drug use. Results are discussed and directions for further research and theoretical refinement are offered.     

PCR-based detection of salivary bacteria as a marker of expirated blood

Distinguishing between bloodstains caused by a spatter pattern or by expirated blood may be crucial to a forensic investigation. Expirated blood is likely to be contaminated with saliva but current techniques have limited sensitivity, especially with small bloodstains. We report that a PCR assay, designed to detect salivary bacteria, can amplify streptococcal DNA from saliva stains applied to fabrics for at least 62 days after seeding. Bacterial DNA was detected when 0.01 µl of saliva was present in the stain and the amplification was not affected by contamination with blood. These findings indicate that PCR amplification of salivary microbial DNA may have application in the identification of expirated bloodstains in forensic case-work.