TORTS - RIGHT OF PRIVACY - NEWSREEL AS VIOLATION OF

Section 51 of the New York Civil Rights Law provides that: Any person whose name, portrait or picture is used . . . for advertising purposes or for the purposes of trade without the written consent first obtained . . . may maintain an equitable action . . . to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use . . . . Held, publication by defendant of a newsreel showing plaintiff and other stout women exercising in a gymnasium with the aid of unique and novel apparatus is not an advertising or trade use within the meaning of the statute. Sweenek v. Pathe News, Inc., (D. C. N. Y. 1936) 16 F. Supp. 746

TAXATION-PROCEEDING BEFORE UNITED STATES BOARD OF TAX APPEALS -VALIDITY OF SUBPOENA DUCES TECUM - UNREASONABLE SEARCH AND SEIZURE

In a proceeding for judicial process to compel defendant to obey a subpoena duces tecum issued by the United States Board of Tax Appeals, defendant asserted that the documents called for were irrelevant to the issue involved, and that the subpoena was a violation of the Fourth Amendment to the Federal Constitution. Held, a witness is not entitled to resist a subpoena for mere incompetency or irrelevancy. To question admissibility, the papers must be so manifestly irrelevant as to make it plain that it is a mere fishing expedition. One paragraph of the subpoena was declared invalid, as lacking specification. United States v. Union Trust Co. of Pittsburgh, (D. C. Pa. 1936) 13 F .. Supp. 286

CORPORATIONS - POWER OF ATTORNEY TO TRANSFER STOCK ON THE BOOKS OF THE CORPORATION

Although a power of attorney to transfer stock on the books of the corporation is found almost as a matter of course on the reverse side of stock certificates, along with a form for assignment of the certificate, there is surprisingly little to be found in the authorities, as to why it is there. An inquiry into the reasons, if any, for such a provision is the purpose of this discussion. A decision of last summer, by the New York Supreme Court, New York County, lends present emphasis to the query. Three certificates of stock which had been indorsed in blank by the stockholders of record were lost or stolen from the registered mail. Before mailing, the brokers, who were owners, had stamped their name on each certificate in the blank left for insertion of the name of an attorney to transfer the stock on the books of the corporation. In a suit to recover the certificates from a bona fide purchaser, Rosenman, J., held that the presence of a specified firm as attorney to transfer, prevented the certificate from being indorsed in blank within the meaning of section 162 of the Personal Property Law, so that the title did not pass by delivery, or at least that such power of attorney would put a prospective purchaser on inquiry. Here at least is a possible e:ff ect of the power of attorney to transfer. We shall refer to it later. The great mass of cases tacitly assume that this power of attorney is necessary, and will be used, and usually it is complied with as a matter of customary form, so no trouble is caused. The few cases where the question is raised usually rest content with pointing out that the articles, by-laws, or certificate provide for transfer of stock only on the books of the corporation by the registered owner thereof in person, or by his attorney, that such is a reasonable regulation, and must be complied with. There is abundant authority that a corporation may make reasonable regulation as to the mode of transfer of its stock, and where by regulation stock is made transferable only on the books in person or by attorney, the corporation may insist on compliance, at least as to being a prerequisite to transfer of the stock on the books

Contemporary midwifery practice: Art, science or both?

Current midwifery practice is regulated by the Nursing and Midwifery Council (NMC), whose primary role is to safeguard the public through setting standards for education and practice and regulating fitness to practise, conduct and performance through rules and codes (NMC, 2012; 2015a). Practice is informed by evidence-based guidelines developed and implemented by the National Institute for Health and Care Excellence based on hierarchies of evidence, with meta-analyses and systematic reviews being identified as the ‘gold standard’. This positivist epistemological approach as developed by Auguste Comte (1798–1857), with scientific evidence at the top of a knowledge hierarchy, fails to acknowledge the ‘art of midwifery’, where a constructivist paradigm of experiential, intuitive and tacit knowledge is used by reflective practitioners to provide high-quality care. As midwifery pre-registration education is now degree-level, is the essence of midwifery practice being ‘with woman’ providing holistic care under threat, as the drive for a systematic and analytical approach to decision-making gathers momentum

Using interpretative phenomenological analysis to inform physiotherapy practice: An introduction with reference to the lived experience of cerebellar ataxia

The attached file is a pre-published version of the full and final paper which can be found at the link below.This article has been made available through the Brunel Open Access Publishing Fund.Qualitative research methods that focus on the lived experience of people with health conditions are relatively underutilised in physiotherapy research. This article aims to introduce interpretative phenomenological analysis (IPA), a research methodology oriented toward exploring and understanding the experience of a particular phenomenon (e.g., living with spinal cord injury or chronic pain, or being the carer of someone with a particular health condition). Researchers using IPA try to find out how people make sense of their experiences and the meanings they attach to them. The findings from IPA research are highly nuanced and offer a fine grained understanding that can be used to contextualise existing quantitative research, to inform understanding of novel or underresearched topics or, in their own right, to provoke a reappraisal of what is considered known about a specified phenomenon. We advocate IPA as a useful and accessible approach to qualitative research that can be used in the clinical setting to inform physiotherapy practice and the development of services from the perspective of individuals with particular health conditions.This article is available through the Brunel Open Access Publishing Fund

Radiological informed consent in cardiovascular imaging: towards the medico-legal perfect storm?

Use of radiation for medical examinations and tests is the largest manmade source of radiation exposure. No one can doubt the immense clinical and scientific benefits of imaging to the modern practice of medicine. Every radiological and nuclear medicine examination confers a definite (albeit low) long-term risk of cancer, but patients undergoing such examinations often receive no or inaccurate information about radiological dose exposure and corresponding risk directly related to the radiological dose received. Too detailed information on radiological dose and risk may result in undue anxiety, but information "economical with the truth" may violate basic patients' rights well embedded in ethics (Oviedo convention 1997) and law (97/43 Euratom Directive 1997). Informed consent is a procedure needed to establish a respectful and ethical relation between doctors and patients. Nevertheless, in an "ideal" consent process, the principle of patient autonomy in current radiological practice might be reinforced by making it mandatory to obtain explicit and transparent informed consent form for radiological examination with high exposure (≥ 500 chest x-rays). The form may spell-out the type of examination, the exposure in effective dose (mSv), derived from reference values in guidelines or – better – from actual values from their department. The dose equivalent might be also expressed in number of chest radiographs and the risk of cancer as number of extra cases in the exposed population, derived from most recent and authorative guidelines (e.g., BEIR VII Committee, release 2006). Common sense, deontological code, patients'rights, medical imaging guidelines, Euratom law, all coherently and concordantly encourage and recommend a justified, optimized, responsible and informed use of testing with ionizing radiation. Although the idea of informed consent for radiation dose does not seem to be on the immediate radar screen at least in the US, the current practice clashes against these guidelines and laws

‘It’s quite weird to write … you feel like a nut job’: the practical and emotional consequences of writing personal reflections for assessment in psychology

Setting the tone for reflective writing – should the first person, populated approach that currently dominates be ethically questioned? An active voice is recommended to enhance ‘power’ and emotional investment in reflection, but often presents practical difficulties for students conditioned in ‘scientific’ depopulated ways. Beyond the practical, being instructed to employ a personal tone could exacerbate the emotional risks involved for vulnerable students. Ethical questioning is an area of reflection and teaching that has been largely neglected. The current paper responds to this gap, discursively considering the impact of requiring students to reflect using the first person and how this could intersect with emotionality components, located within the experiences of MSc Forensic Psychology students. Six students that had recently undertaken a reflective practice assignment volunteered to take part in a semi-structured interview about their experiences. For some students the themes of personal pronoun use and emotionality intersected, whereby at deeper levels of analysis the emotional impact was compounded by first person usage. Assessing the risk of enhanced vulnerability to psychological discomfort, implementing practical strategies to mediate this and the support procedures followed when requiring students to reflect are reviewed

Experiences of employment amongst young people with juvenile idiopathic arthritis: a qualitative study

Purpose: This study explored expectations and experiences of employment amongst young people with JIAjuvenile idiopathic arthritis, and the role of health professionals in promoting positive employment outcomes. Methods: Semi-structured interviews (n=13) and three focus groups (n=9,n=4,n=3) were conducted with young people (16-25y) and adults (26-31y) with juvenile idiopathic arthritis JIA and semi-structured interviews (n=9) were conducted with health professionals. Transcripts were analysed thematically. Results: Young people with juvenile idiopathic arthritisJIA have concerns about employers’ attitudes towards employees with long-term health conditions and lack knowledge of antidiscrimination legislation. Young people not in education, employment or training identify arthritisJIA as a key barrier. Challenges associated with JIA arthritis (e.g. pain, psychological distress) may not be visible to employers. Decisions about disclosing arthritisJIA are challenging and cause anxiety. Young people associate good disease management and access to flexible and convenient care with their capacity to succeed in employment. Psycho-social and vocational interventions have benefited some young people, but are not routinely available. Conclusions: Low expectations of employers may affect young people’s decisions about disclosure and seeking appropriate support in the work place. Health professionals can equip young people with knowledge and skills to negotiate appropriate support, through signposting to Young people, employment and arthritis. 2 anti-discrimination information and offering practice of transferable skills such as disclosure in consultations

‘Triple wins’ or ‘triple faults’? Analysing the equity implications of policy discourses on climate-smart agriculture (CSA)

This paper analyses contrasting discourses of ‘climate-smart agriculture’ (CSA) for their implications on control over and access to changing resources in agriculture. One of the principal areas of contestation around CSA relates to equity, including who wins and who loses, who is able to participate, and whose knowledge and perspectives count in the process. Yet to date, the equity implications of CSA remain an under-researched area. We apply an equity framework centred on procedure, distribution and recognition, to four different discourses. Depending on which discourses are mobilised, the analysis helps to illuminate: (1) how CSA may transfer the burden of responsibility for climate change mitigation to marginalised producers and resource managers (distributive equity); (2) how CSA discourses generally fail to confront entrenched power relations that may constrain or block the emergence of more ‘pro-poor’ forms of agricultural development, adaptation to climate change, or carbon sequestration and storage (procedural equity); (3) how CSA discourses can have tangible implications for the bargaining power of the poorest and most vulnerable groups (recognition). The paper contributes to work showing the need for deeper acknowledgement of the political nature of the transformations necessary to address the challenges caused by a changing climate for the agricultural sector

Complementary therapy use by patients and parents of children with asthma and the implications for NHS care: a qualitative study

BACKGROUND: Patients are increasingly using complementary therapies, often for chronic conditions. Asthma is the most common chronic condition in the UK. Previous research indicates that some asthma patients experience gaps in their NHS care. However, little attention has been given to how and why patients and parents of children with asthma use complementary therapies and the implications for NHS care. METHODS: Qualitative study, comprising 50 semi-structured interviews with a purposeful sample of 22 adults and 28 children with asthma (plus a parent), recruited from a range of NHS and non-NHS settings in Bristol, England. Data analysis was thematic, drawing on the principles of constant comparison. RESULTS: A range of complementary therapies were being used for asthma, most commonly Buteyko breathing and homeopathy. Most use took place outside of the NHS, comprising either self-treatment or consultation with private complementary therapists. Complementary therapies were usually used alongside not instead of conventional asthma treatment. A spectrum of complementary therapy users emerged, including "committed", "pragmatic" and "last resort" users. Motivating factors for complementary therapy use included concerns about conventional NHS care ("push factors") and attractive aspects of complementary therapies ("pull factors"). While participants were often uncertain whether therapies had directly helped their asthma, breathing techniques such as the Buteyko Method were most notably reported to enhance symptom control and enable reduction in medication. Across the range of therapies, the process of seeking and using complementary therapies seemed to help patients in two broad ways: it empowered them to take greater personal control over their condition rather than feel dependant on medication, and enabled exploration of a broader range of possible causes of their asthma than commonly discussed within NHS settings. CONCLUSION: Complementary therapy use reflects patients' and parents' underlying desire for greater self-care and need of opportunities to address some of their concerns regarding NHS asthma care. Self-management of chronic conditions is increasingly promoted within the NHS but with little attention to complementary therapy use as one strategy being used by patients and parents. With their desire for self-help, complementary therapy users are in many ways adopting the healthcare personas that current policies aim to encourage