This issue of the Journal of Law and Medicine features an Editorial by General Editor Professor Ian Freckelton QC marking the 25th anniversary of the Journal. It includes the following articles: “When Is It in a Child’s Best Interests to Withhold or Withdraw Life-sustaining Treatment? An Evolving Australian Jurisprudence” – Lindy Willmott, Ben White and Neera Bhatia; “Biosimilars: The Challenges of Novelty, Inventive Step and Sufficiency” – Teddy Henriksen and Jay Sanderson; “The Legal Doctrine of Informed Consent and Renal Dialysis – Do Patients Really Consent?” – Marina Wainstein, Anna Rose Menzies, Frank Patrick Brennan and Mark Ashley Brown; “Building Public Confidence in Medical Registration Revalidation: Reform of Medical Registration Law in Australia, a New Risk-based Approach” – David J Carter, Deborah J Street and Stephen Bush; “Holding Out and Protected Titles – Issues for Non-registrant Complementary and Alternative Health Practitioners” – Michael Weir; “Legal and Ethical Issues Surrounding the Use of Older Children’s Electronic Personal Health Records” – Jacqueline Meredith, Shaun McCarthy and Bronwyn Hemsley; “Changing Law Students’ Ideas about Dis/ability: Can We? Should We? How Would We?” – Anna Cody; “Best Interests and Non-consensual Research” – Brent Hyslop; “How Do Coroners’ Findings in Australian Jurisdictions Apply to Health Care Practitioners within Safety-I and Safety-II Paradigms?” – Nicola Cunningham; “An Analysis of Medico-legal Claims against Dermatologists in Australia from a Single Medical Indemnity Insurer” – Paul Stevenson; “Reproductive Autonomy and Social Sex Selection: A Chance of a Choice?” – Kathryn Boyd; “Freedom of Expression, Belief and Assembly: The Banning of Protests Outside of Abortion Clinics in Australia” – Anna Walsh; “Two Problems of Unburied Bodies” – Robert Shiels; “A Whiter Shade of Grey: Comparisons of the Legal and Professional Status of Tooth Whitening in Three Jurisdictions” – Alexander C L Holden; and “Infection Control Standards in Private Dental Practice” – The Role of Accreditation – Gillian Jean, Alexander C L Holden, Marc Tennant and Estie Kruger.
Also in this Part are the following sections: Editorial: “Health Law: The Past and the Future” – Ian Freckelton QC; Legal Issues: “Computational Modelling, Social Media and Health-Related Datasets: Consent and Privacy Issues” – Bernadette McSherry; Medical Issues: “Responding Better to Desperate Parents: Warnings from the Alfie Evans Saga” – Ian Freckelton QC; Bioethical Issues: “A New Ethical Model of Commercial Surrogacy Arrangements for Australia” – Jeremy Feiglin and Julian Savulescu; Nursing Issues: “Codes of Conduct – A New Era for Nursing and Midwifery in Australia” – Kim Forrester; and Medical Law Reporter: “Australian Senate Committee Report on Transvaginal Mesh Devices” – Chloe Thompson and Thomas Faunce. There are also reviews of the following books: “True Stories from the Morgue” by J Merrick – reviewed by Ian Freckelton QC; “The Trauma Cleaner: One Woman’s Extraordinary Life in Death & Disaster” by Sarah Krasnostein – reviewed by Ian Freckelton QC; and “Tensions and Traumas in Health Law” by Ian Freckelton and Kerry Petersen – reviewed by Bill Madden.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Vaccination Litigation: The Need for Rethinking Compensation for Victims of Vaccination Injury” – Ian Freckelton QC; Legal Issues: “International Human Rights and Mental Health: Challenges For Law and Practice” – Bernadette McSherry and Yvette Maker; Medical Issues: “Policy Development and Regulation of Aged Care” – Joseph Ibrahim and David Ranson; and Medical Law Reporter: “Senate Inquiry into Price Regulation on the Prostheses List” – Emma Holden and Thomas Faunce. Also in this Part are the following articles: “Hartnett, Epstein, Van der Hope: Regulating Unconventional Doctors” – Gabrielle Wolf; “Survey of Quasi-Judicial Decision-Makers in NSW and The National Registration Scheme for Health Practitioners” – Mary Chiarella, Claudette S Satchell, Marie Nagy, Terry Carney, Merrilyn Walton, Belinda Bennett, Patrick J Kelly; “The Use of Students as Surrogates: The Ethical, Legal and Professional Issues of Student-Student Practical Learning in Dental Education” – Alexander Holden; “The Agony and the Ecstasy: Sacrifice and Pain for Financial Gain: Have Indian Surrogate Mothers Been Exploited by Their Intended Parents in Commercial Surrogacy Arrangements?” – Pip Trowse and Donna Cooper; “The Patient’s Voice: Australian Health Care Quality and Safety Regulation from the Perspective of the Public” – David J Carter, James Brown and Carla Saunders; “Never Mind the Science, Here’s the Convention on Biological Diversity: Viral Sovereignty in the Smallpox Destruction Debate” – Michelle F Rourke; “Women’s Rights in the Health Care System: Caesarean Delivery on Maternal Request” – Ann-Claire Larsen; “Sharing the Air: The Need for Strata Law Reform to Reduce Second-hand Smoke Exposure in Multiunit Housing in Australia” – Jacqui Bell, Bonnie Dale, Caitlin Kameron and Michelle Havill; “Eroding Public Health through Liquor Licensing Decisions” – Alison Ziller; “The Implementation of Coronial Recommendations in Tasmania: Two Case Studies on Child Deaths” – Rose Mackie; “Birth: Why Do Not We Just Tell the Truth?” – Amber Moore; “Breaking Bad News about Cancer to Adolescents and Young Adults: The French Experience” – Eric Fourneret; “The South Australian Advance Care Directives Act 2013: How Has the Decision-Making Paradigm Changed?” – Margaret Brown; “Mind the Information Gap: Quantifying the Courts’ Role in Responding to Patient Harm, 1989 to 2013” – Wendy Bonython and Bruce Baer Arnold; and “Medical Evidence of Capacity in a Legal Setting: To What Extent Do Courts and Tribunals Make Their Own Decisions?” – Sam Boyle. There is also a review of the book “Scholarly Misconduct: Law, Regulation, and Practice” by Ian Freckelton (ed) – reviewed by Michael Magazanik.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Doctors Suing Patients: Wrestling with Doing No Harm” – Ian Freckelton QC; Legal Issues: “Supporting People with Decision-Making Impairments: Choice, Control and Consumer Transactions” – Yvette Maker, Bernadette McSherry, Lisa Brophy, Jeannie Marie Paterson and Anna Arstein-Kerslake; Medical Issues: “Novel Psychoactive Substances: The Challenges for Health Care, Analytical Science and the Law” – Victoria Bicknell, Dimitri Gerostamoulos and David Ranson; Bioethical Issues: “Taking the Moral Measure of Mental Capacity: Interpretation and Implementation” – Grant Gillett; and Medical Law Reporter: “Public Health Legislation Prohibiting Sports-Embedded Gambling Advertisting” – Madeleine Farrar and Thomas Faunce.
Also in this Part are the following articles: “Complementary Health Practitioners Disciplined for Misconduct in Australia 2010-2016” – Jenni Millbank, Miranda Kaye, Anita Stuhmcke, David Sibbritt, Isabel Karpin and Jon Wardle; “Professional Discipline of the New Zealand Nursing Residential Care Workforce: A Mixed Methods Analysis of HPDT Decisions 2004-2014” – Kate Kersey, Kate Diesfeld, Lois J Surgenor and Michael Ip; “The Legal System and the Legitimacy of Clinical Guidelines” – Fiona McDonald; “Wastewater Analysis of Substance Use: Implications for Law, Policy and Research” – Jeremy Prichard, Foon Yin Lai, Emma van Dyken, Phong Thai, Raimondo Bruno, Wayne Hall, Paul Kirkbride, Coral Gartner, Jake O’Brien and Jochen F Mueller; “Abortion Law in New South Wales: Shifting from Criminalisation to the Recognition of the Reproductive Rights of Women and Girls” – Christine Forster and Vedna Jivan; “Proprietary Rights in Stored Semen: ‘Roblin v Public Trustee’ and the Commonsense Approach to Stored Human Tissue of Significance” – Madeline Baker; “‘Treatment’ of Intersex Children as a Special Medical Procedure” – Skye O’Dwyer; “Life on the Liminal Bridge Spanning Fertility and Infertility: A Time to Dream and a Time to Decide” – Pamela M White; “Coercive Community Treatment in Mental Health: An Idea Whose Time Has Passed?” – Sascha Callaghan and Giles Newton-Howes; “Blood Libel: An Analysis of Blood Donation Policy As It Affects Gay Men in Australia” – Edward Davis; “Stigma, Homosexuality and the Homosexual Advance Defence” – Anthony Gray and Kerstin Braun; and “The Role of Legal Proxies in End-of-Life Decisions in Italy: A Comparison with Other Western European Countries” – Denard Veshi and Gerald Neitzke. There are also reviews of the books “Patients with Passports: Medical Tourism, Law and Ethics” by I Glenn Cohen – reviewed by Ian Freckelton QC; and “Stem Cell Tourism and the Political Economy of Hope” by Alan Petersen, Megan Munsie, Claire Tanner, Casimir MacGregor and Jane Brophy – reviewed by Ian Freckelton QC.
The latest Part of the Journal of Law and Medicine include a Guest Editorial: “Where to Now for Reform of Global Health Governance?” – Professor Belinda Bennett; and the following sections: Legal Issues: “Current Challenges for the Regulation of Chemical Restraint in Health Care Settings” – Bernadette McSherry and Juan José Tellez; Medical Issues: “Solitary Confinement: Going Down the Rabbit Hole” – Danny Sullivan and Adam Deacon; Complementary Health Issues: “The Need to Develop a Regulatory Body for the Practice of Al-Hijama” – John F Mayberry; and Medical Law Reporter: “Corporatisation of Community Pharmacy and the Constitutional Prohibition of Civil Conscription for Medical Service Providers” – Caitlin Yazidjoglou and Thomas Faunce.
Also in this Part are the following articles: “Parents’ Opposition to Potentially Life-saving Treatment for Minors: Learning from the Oshin Kiszko Litigation” – Ian Freckelton QC; “The Legal Vacuum Surrounding Access to Gene-based Research Materials and Data” – Jane Nielsen and Dianne Nico; “Disclosure of Individual Research Results and Incidental Findings in Biobank Research: Why We Need an Evidence-based Approach” – Jennifer Fleming, Margaret Otlowski, Cameron Stewart, Christine Critchley and Ian Kerridge; “Open Access DNA, RNA and Amino Acid Sequences: The Consequences and Solutions for the International Regulation of Access and Benefit Sharing” – Charles Lawson and Michelle Rourke; “Access to Experimental Treatments: Comparative Analysis of Three Special Access Regimes” – Barbara von Tigerstrom and Emily Harris; “Regulation of Non-consensual Genetic Testing in Australia: Use of Samples from Deceased Persons” – Rebekah E McWhirter and Margaret Otlowski; “Translating Knowledge from Research to Outcomes: Pharmacogenomics in the Treatment of HIV/AIDS” – Jayne E Hewitt; “Some Legal Issues Regarding the Patenting of Human Genetic Materials” – Peter MacFarlane and Betty Kontoleon; “Non-invasive Prenatal Testing: The Problem with ‘Fast Cars'”– Jeanne Snelling, Nikki Kerruish and Jessie Lenagh-Glue; “Medical Abortion in Australia: What Are the Clinical and Legal Risks? Is Medical Abortion Over-regulated?” – Anne O’Rourke, Suzanne Belton and Ea Mulligan; “New Zealand’s Health Practitioners Disciplinary Tribunal: An Analysis of Decisions 2004-2014” – Lois J Surgenor, Kate Diesfeld, Michael Ip and Kate Kersey; and “Cloak and Dagger? Statutory Privilege for Quality Activities in New Zealand” – Meenal Duggal. There is also a review of the book “Health Law in New Zealand” by Peter Skegg and Ron Paterson (eds) – reviewed by Ian Freckelton QC.
The latest Part of the Journal of Law and Medicine features a special issue on the topic of commercial surrogacy, prefaced with an “Introductory note” by Chief Judge John H Pascoe and followed by five articles which examine some areas of development, regulation and debate: “The regulation of commercial surrogacy: The wrong answers to the wrong questions” – Anita Stuhmcke; “Responsive regulation of cross-border assisted reproduction” – Jenni Millbank; “Commercial surrogacy and the human right to autonomy” – Ronli Sifris; “Genes and gestation in Australian regulation of egg donation, surrogacy and mitochondrial donation” – Karinne Ludlow; “The Family Courts and parentage of children conceived through overseas commercial surrogacy arrangements: A child-centred approach” – Adiva Sifris.
This Part also includes the following sections: Guest Editorial: “Commercial surrogacy: What role for law in Australia?” – Ronli Sifris, Karinne Ludlow and Adiva Sifris; Legal Issues: “Defining seclusion and restraint: Legal and policy definitions versus consumer and carer perspectives” – Cath Roper, Bernadette McSherry and Lisa Brophy; Medical Issues: “The dangers of dementia: Getting the balance right” – Ross Bicknell, Joseph Ibrahim, Lyndal Bugeja and David Ranson; Bioethical Issues: “Lecretia Seales and aid in dying in New Zealand” – Grant Gillett; Nursing Issues: “The role of observation and feedback in enhancing performance with medication administration” – Karen Davies, Charles Mitchell and Ian Coombes; Medical Law Reporter: “Myriad voices against gene patents in the High Court” – Lucas McCallum and Thomas Faunce; and Letter to the Editor. Also in this Part are the following articles: “Medical and scientific authorship: A conflict between discipline rules and the law” – Elizabeth Adeney; “Foetal Alcohol Spectrum Disorders: A consideration of sentencing and unreliable confessions” – Heather Douglas; “Cutting the cord: Can society over-invest in extremely premature and critically impaired neonates?” – Neera Bhatia; “Nazi medical experiments on Australian prisoners of war: Commentary on the testimony of an Australian soldier” – George M Weisz; “A problem of modernity: Dual burial plots, the right to inter, and the interrelationship between the two” – Lynden Griggs; and “Our Father who art in prison: Conviction and rehabilitation for Australian Catholic clergy who are child sexual offenders” – Mike O’Connor. There is also a Book Review of “Critically Impaired Infants and End of Life Decision Making” – by Neera Bhatia.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Medicinal cannabis law reform: Lessons from Canadian litigation” – Ian Freckelton QC; Legal Issues: “Support for the exercise of legal capacity: The role of the law” – Bernadette McSherry and Andrew Butler; Medical Issues: “The loss of Malaysia airlines flight MH17: A forensic and humanitarian task” – David Ranson; Bioethical Issues: “Think of the children: Sex selection and child welfare” – Rachael Wong and Grant Gillett; Nursing Issues: “Recognising and responding to the deteriorating patient” – Kim Forrester; and Medical Law Reporter: “Australian Competition and Consumer Commission v Pfizer: Evergreening and market power as a blockbuster drug goes off patent” – Thomas Faunce. Also in this Part are the following articles: “The Australian quarantine and biosecurity legislation: Constitutionality and critique” – Anthony Gray; “States of confusion: Jurisdictional variation in Australian medicines nomenclature” – Denise Hope and Michelle King; “The case for MDMA (ecstasy) regulation” – Joshua Donelly; “Patenting genetic diagnostic methods: NGS, GWAS, SNPs and patents” – Charles Lawson; “Genetic testing of stored tissue from a deceased person to define a relative’s disease risk: Legal and ethical viewpoints” – Loane Skene, Julian Savulescu and Martin B Delatycki; “Double standards: Standards of proof for persons found unfit for trial” – Betheli O’Carroll; “Fitness to stand trial, human rights and possibilities from England and Wales” – Jeanette Stewart, Mary Woodward and Ilana Hepner; “Tasmania’s Reproductive Health (Access to Terminations) Act 2013: An analysis of conscientious objection to abortion and the “obligation to refer”” – Ronli Sifris; “Regulating preimplantation genetic diagnosis in Australia: Disability and parental choice” – Michelle de Souza; and “End-of-life decisions in Malaysia: Adequacies of ethical codes and developing legal standards” – Puteri Nemie Jahn Kassim and Fadhlina Alias. There is also a review of the book “Elder Law in New Zealand” by Kate Diesfeld and Ian McIntosh.
The latest Part of the Journal of Law and Medicine includes the following articles: “The emergence and popularisation of autologous somatic cellular therapies in Australia: Therapeutic innovation or regulatory failure?” – Alison K McLean, Cameron Stewart and Ian Kerridge; “Re Jamie (No 2): A positive development for transgender young people” – Michael Williams, John Chesterman and Phil Grano; “Australian children living with gender dysphoria: Does the Family Court have a role to play?” – Fiona Kelly; “Storage limits of gametes and embryos: Regulation in search of policy justification” – Anita Stuhmcke and Eloise Chandler; “Barriers for domestic surrogacy and challenges of transnational surrogacy in the context of Australians undertaking surrogacy in India” – Louise Johnson, Eric Blyth and Karin Hammarberg; “Selective reduction of fetuses in multiple pregnancies and the law in Australia” – Colleen Davis and Heather Douglas; “Interstate dispensing: A case for uniform, intuitive legislation” – Nijole L Bernaitis, Michelle A King and Denise L Hope; “Planning law and public health at an impasse in Australia: The need for targeted law reforms to improve local food environments to reduce overweight and obesity” – Caroline Mills; “Compensating for the harms of family violence: Statutory barriers in Australian victims of crime compensation schemes” – Christine Forster; “Mandatory reporting of health professionals: The case for a Western Australian style exemption for all Australian practitioners” – Hon Nick Goiran MLC, Margaret Kay, Louise Nash and Georgie Haysom; and ““CAM-creep”: Medical practitioners, professional discipline and integrative medicine” – Walid Jammal, Cameron Stewart and Malcolm Parker.
The latest Part of the Journal of Law and Medicine is a special issue titled Regulating the Use of Human Bodily Material. It includes articles on the legal status of bodies, the regulation of the use of human bodily material, definitions of “property” offered by the majority of the High Court of Australia in the case of Yanner v Eaton, non-consensual genetic testing in Australia, biobanking of blood and bone marrow, property rights in recyclable artificial implants such as pacemakers, extra-bodily DNA sampling by the police, patent term extension schemes, travel for euthanasia or assisted suicide, the regulation of impaired doctors, plus much 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.