Journal of Law and Medicine (JLM)
Informed discourse at the interface between law and health
About the Journal
The Journal of Law and Medicine publishes contributions about issues that have a legal, medical or bioethical content arising at the interface between law and health, including the delivery of the full range of health services.
Its focus is broad, international and cross-disciplinary. It seeks to encourage informed discourse about contemporary issues from empirical, practical, policy and theoretical perspectives.
All contributions to the journal are peer reviewed.
Ian Freckelton SC, BA (Hons), LLB (Syd), PhD (Griff), Dip Th M (ANH), Barrister-at-Law, Vic, NSW, Qld, SA, Tas, ACT, NT; Crockett Chambers, Melbourne; Professor, Law Faculty, Department of Psychology, Psychiatry and Psychological Medicine, Department of Forensic Medicine, Monash University; Adjunct Professor, National Institute of Public Health and Mental Health Research, Auckland University of Technology
Professor Tom D Campbell, MA, PhD, FRSE, FASSA, Professor of Law, The Australian National University, Canberra
Professor Donald Chalmers, Head of Law School, University of Tasmania
Professor Stephen M Cordner, MA, MB, BS, BMedSc, DipCrim, DMJ, FRCPath, FRCPA, Professor of Forensic Medicine, Monash University; Director, Victorian Institute of Forensic Medicine
Professor J M Davies, MSc, MD, FRCPC, Professor of Anaesthesia, Department of Anaesthesia, Foothills Medical Centre, University of Calgary, Canada
Professor Grant R Gillett, DPhil (Oxon), FRACS (Neurosurgery), Professor of Medical Ethics, Otago University Medical School, Dunedin, New Zealand
Professor Lawrence Gostin, Professor and Director, Center for Law and the Public’s Health, Georgetown and Johns Hopkins Universities, United States of America
Professor Ian Kennedy, LLD, Professor of Health Law, Ethics and Policy, School of Public Policy, University College, London
The Hon Michael Kirby, AC, CMG, BA, LLM, BEc (Syd), Hon D Litt (N’castle, NSW, Ulster and James Cook), Hon LLD (Macq, Syd, NLSU, India, Buckingham and ANU), Hon D Univ (Uni S Aust), Former Justice of the High Court of Australia
Professor Sheila McLean, LLB, M Litt, PhD, FRSE, FRCP (Edin), FRSA, International Bar Association Professor of Law and Ethics in Medicine, Glasgow University, Scotland
Associate Professor George Mendelson, MB, BS (Melb), MD (Mon), FRANZCP, FFPMANZCA, Adjunct Clinical Associate Professor, Department of Psychological Medicine, Monash University, Melbourne
Professor Ron Paterson, LLB (Hons) (Auckland), BCL (Oxford), Professor of Health Law and Policy, University of Auckland, New Zealand
Professor P D G Skegg, LLB (Hons) (Auckland), MA, DPhil (Oxford), Professor of Law, University of Otago, Dunedin, New Zealand
Professor Margaret A Somerville, AM, FRSC, AuA (Pharm), LLB (Hons I), DCL, LLD (Honoris causa), Gale Professor of Law, Professor, Faculty of Medicine, Centre for Medicine, Ethics and Law, McGill University, Canada
Professor David B Wexler, JD (NYU), Lyons Professor of Law, University of Arizona, United States of America
Professor Belinda Bennett BEc, LLB (Hons) (Macq), LLM, SJD (Wisconsin), Director, Centre for Health Governance, Law and Ethics, Faculty of Law, University of Sydney
Legal issues – Bernadette McSherry BA (Hons), LLB (Hons), LLM (Melb), D Jur (York), Grad Dip Psych (Mon), Louis Waller Chair of Law, Monash University; Danuta Mendelson MA, PhD, LLM, Professor, Chair in Law (Research), School of Law, Deakin University; Joanna Manning BA (Auck), LLB (Hons) (Auck), MCompL (Geo Wash), Associate Professor, Faculty of Law, University of Auckland
Medical issues – David Ranson B Med Sci, BM BS, LLB, FCR Path, FRCPA, FACLM, DMJ (Path), Deputy Director, Victorian Institute of Forensic Medicine, Honorary Clinical, Associate Professor, Department of Forensic Medicine, Monash University; Danny Sullivan MBBS, MBioeth, MHlthMedLaw, MRCPsych, Assistant Clinical Director, Victorian Institute of Forensic Mental Health, Adjunct Senior Lecturer, School of Psychology and Psychiatry, Monash University; Mike O’Connor AM, MD BS DDU DCH FRCOG FRANZCOG MHL FACLM, Conjoint Senior Lecturer, University of New South Wales and Chair, Clinical Practice Review Committee, St George Private Hospital
Bioethical issues – Malcolm Parker MBBS (Qld), M Litt (UNE), M Hth & Med Law (Melb), MD (Qld), Associate Professor of Medical Ethics, University of Queensland; Grant R Gillett DPhil (Oxon), FRACS (Neurosurgery), Professor of Medical Ethics, Otago University Medical School, Dunedin, New Zealand
Nursing issues – Kim Forrester RN, BA, LLB, LLM (Advanced), PhD, Barrister, Supreme Court of Queensland, Associate Professor, Faculty of Health Sciences and Medicine, Bond University
Medical law reporter – Thomas Alured Faunce BA LLB (Hons), B Med, PhD, Associate Professor, ANU College of Law and Medical School, Director, Globalisation and Health Project, The Australian National University
Australasian College of Legal Medicine
The Journal of Law and Medicine is the preferred journal of the Australasian College of Legal Medicine. For more information regarding the College, visit http://www.legalmedicine.com.au/.
The following websites contain details of material published in the Journal:
http://www.informit.com.au/agis.html (AGIS Plus Text)
http://www.gale.cengage.com (Legal Trac)
http://www.thomsonreuters.com.au/catalogue/ProductDetails.asp?id=7424 (Australian Legal Journals Index)
AGIS Plus Text is an online legal database based on the Australian Attorney-General’s Information Service. It is produced by RMIT Publishing and is available via subscription.
Medline is a free service of the National Library of Medicine in the United States.
Legal Trac is an online indexing service published by Gale Cengage Learning. It is available via subscription.
The Australian Legal Journals Index is an online legal database prepared by the Lionel Murphy Library of the Commonwealth Attorney-General’s Department. It is produced by Thomson Reuters and is available via subscription.
Subscribe or Purchase
To subscribe to this Journal or purchase individual articles, please visit our “Subscribe or Purchase” page.
For the individual contents pages for each Part, click here.
Journal of Law and Medicine (JLM) From whistle-blowing to immunisation, genetic testing and professional legal responsibility, Issue 1 of Volume 21 will cover a broad range of topics at the interface of law and medicine. Articles include: “Is whistle-blowing now mandatory? The impact of mandatory reporting laws on trust relationships in health care” by Jayne Hewitt “Jabs ...more
Recently published in the Journal of Law and Medicine at (2013) 20 JLM 723. There is a fairly well formed doctrine of informed consent in Australasia that includes the kind of information that a reasonable doctor would impart, the information that a reasonable patient should expect to be given and any details of treatment that ...more
The June 2013 issue of the Journal of Law and Medicine is the last Part for Volume 20 and is a Special Issue about law, policy and practice concerning stored embryos in assisted reproduction. The articles cover such topics as consent, information-giving and counselling concerning stored embryos, use of stored embryos after separation or death of a partner, the destruction of stored embryos and compensation for women who provide their eggs for research, the best interests of neonates, adult guardianship, and the right to life under the European Convention on Human Rights, plus much more!
The latest Part of JLM is full of interesting articles and sections, including “Fetal Alcohol Spectrum Disorder and the law in Australia: The need for awareness and concern to translate into urgent action” – Ian Freckelton SC; “A right to refuse: Legal aspects of dealing with intoxicated patients who refuse treatment” – Lisa Butson, Mandy Shircore and Ben Butson; “Property rights in human gametes in Australia” – Vanessa White; “Back to the future: Prohibiting surrogacy for singles, same-sex and shorter-term heterosexual couples in Queensland” – Malcolm K Smith, Lindy Willmott, Pip Trowse and Ben White; “Cain v Australian Red Cross Society: The case for universal blood donation reform” – Rodney Croome and Benedict Bartl; “Criminal responsibility for the non-disclosure of HIV-positive status before sexual activity” – Joanna Manning; “‘Forced sterilisation’: Clarifying and challenging intuitions and models” – Malcolm Parker, plus much more!
The Journal of Law and Medicine publishes contributions about issues that have a legal, medical or bioethical content arising at the interface between law and health, including the delivery of the full range of health services. Its focus is broad, international and cross-disciplinary. The journal seeks to encourage informed discourse about contemporary issues from empirical, ...more
The latest Part of the Journal of Law and Medicine contains the usual interesting mix of articles and sections. The topics covered range from the use of organs after death to the role of public interest organisation at inquests, from cosmetic surgery and voluntary limb amputation to psychiatric disability, from advanced chronic obstructive pulmonary disease to voluntary euthanasia, from cryopreserved sperm to genetic testing, plus much more.
Hospital Babylon, by Imogen Edwards-Jones: 2011, Bantam Press, London. Pages 1-319. Price: $A32.95 (pb). Reviewed by Ian Freckelton SC Hospital Babylon is an archetypal airport book. It can be read on a flight between Brisbane and Melbourne, as long as there isn’t a distraction on the television screens or too much turbulence. It is written ...more
The Immortal Life of Henrietta Lacks, by Rebecca Skloot: 2010, Broadway Paperbacks. Pages 1-381. Price: $US16 (pb). Reviewed by Dr Ian Freckelton SC Skloot’s book about Henrietta Lacks tells the painstakingly researched story of the woman (and her family) who gave rise to the HeLa cell line which has become the most influential cell line ...more
This Part of JLM includes a wide range of articles and sections to choose from, for example the range includes misleading health service practitioner representations and health outcomes after whiplash, an argument that male circumcision does prevent HIV infection and ethical psychiatric research in Singapore, the legal status of the fetus in NSW and an argument for legalising voluntary physician- based euthanasia, legal capacity under the Convention on the Rights of Persons with Disabilities and open disclosure following medical error. Plus much, much more.
Book review of Charlatan by Pope Brock 2008, Three Rivers Press, New York. Pages 1-325, incl index (pb) reviewed by Dr Ian Freckelton SC Brock’s biography of “Dr” John Brinkley is not the first account of arguably the most remarkable quack that the United States has produced but it is both absorbing and confronting. It ...more