Journal of Law and Medicine update: Vol 27 Pt 4
This COVID-19 special issue of the Journal of Law and Medicine includes the following articles: “Legal Implications of Personal Protective Equipment Use When Treating Patients for COVID-19 (SARS-CoV-2)” – Danuta Mendelson, Michael Keane, Mirko Bagaric and Cameron Graydon; “Compassion, Law and COVID-19” – Nigel Stobbs, Belinda Bennett and Ian Freckelton QC; “Violation Liability in the Context of the Spread of COVID-19: Russian Experience” – Svetlana I Pospelova, Yulia V Pavlova, Natalia A Kamenskaya and Sergey V Pospelov; “International Access to Public Health Data: An Important Brazilian Legal Precedent” – Ian Freckelton QC and Vera Lúcia Raposo; “Access to Health and Medical Research: Lessons from the COVID-19 Pandemic” – Faith O Aboyeji; “Have Indian Surrogates Been Harmed by Commercial Surrogacy Transactions?” – Donna Cooper and Philippa Trowse; “Regulation of the Abortion Drug RU 486: The Collision of Politics, Ethics and Morals in Australia” – Nicola Bodor; “Vox populi, vox Dei? Previewing New Zealand’s Public Decision on Assisted Dying” – Jessica Young and Andrew Geddis; “Doctors and the Voluntary Assisted Dying Act 2017 (Vic): Knowledge and General Perspectives” – Jodhi Rutherford; “Legal Liability Arising from the Use of “Agent Orange” in the Kimberley: Registration of 2,4,5-T and 2,4-D in Australia” – Amne Alrifai; “Support Systems for Medical Decision-Making: Considerations for Japan” – Yoshihiko Iijima; “Corrective Justice and the Law Relating to Damages for Negligently Inflicted Psychiatric Injury: A Principled Explanation for the “Close and Loving Relationship” Consideration” – Martin Allcock; “Recency of Practice and the Maintenance of Professional Competence for Nurses and Midwives: A Scoping Review Protocol” – Casey Marnie, Micah DJ Peters, Deborah Forsythe, Kate Kennedy, Greg Sharplin, Marion Eckert, Mary Chiarella and Rachael Vernon; “Infanticide and Infanticide Statutes in Australia and New Zealand” – Russ Scott; and “Public Health versus Alcohol Industry Compliance Laws: A Case of Industry Capture?” – Tony Brown.
Also in this Part are the following sections: Editorial: “Perils of Precipitate Publication: Fraudulent and Substandard COVID-19 Research” – Ian Freckelton QC; Legal Issues: “COVID-19: Criminal Law, Public Assemblies and Human Rights Litigation” – Ian Freckelton QC; Medical Issues: “COVID-19 and Forensic Medical Practice” – David Ranson; Nursing and Midwifery Issues: “How COVID-19 Highlights an Ongoing Pandemic of Neglect and Oppression When It Comes to Women’s Reproductive Rights” – Hannah G Dahlen, Bashi Kumar-Hazard and Mary Chiarella; Genomic Law Issues: “Australian Perspectives on the Ethical and Regulatory Considerations for Responsible Data Sharing in Response to the COVID-19 Pandemic” – Dianne Nicol, Don Chalmers, Christine Critchley, Lisa Eckstein, Jane Nielsen and Margaret Otlowski; Health Law Reporter: “Suicide-related Materials and Voluntary Assisted Dying” – Cameron Stewart, Ian Kerridge, Camille La Brooy and Paul Komesaroff; Family and Children’s Health Law Issues: “COVID-19 and Family Law Decision-Making” – Ian Freckelton QC; Obituary: Colin Tatz (1934–2019); Richard Tracey (1948–2019); and Book Review: “The Sealed Box of Suicide: The Contexts of Self-Death”.
Journal of Law and Medicine update: Vol 27 Pt 2
This issue of the Journal of Law and Medicine includes the following articles: “Concussion, Chronic Traumatic Encephalopathy and Sport in a Legal Setting” – David Thorpe; “Truth-telling or Not: A Dilemma for Health Care Providers Regarding Disclosure of Cancer in China” – Ting Yao, Ted Metzler and Betty Gorrell; “Abortion Decriminalisation in New South Wales: An Analysis of the Abortion Law Reform Act 2019 (NSW)” – Anna Walsh and Tiana Legge; “Terms of Engagement: Transfer of Biological Materials for Research in Australia” – Tess Whitton, Jane Nielsen and Dianne Nicol; “The Donor-Linking Practices of Australian Fertility Clinics” – Fiona Kelly, Deborah Dempsey and Charlotte Frew; “Parentage, Surrogacy and the Perplexing State of Australian Law: A Missed Opportunity” – Ronli Sifris and Adiva Sifris; “Sugar-Sweetened Beverages, Type 2 Diabetes and Factual Causation in Negligence” – Zac Smithers and Jay Sanderson; “Community Knowledge of Law on End-of-life Decision-making: An Australian Telephone Survey” – Cheryl Tilse, Jill Wilson, Ben White, Lindy Willmott, Deborah Lawson, Jeffrey Dunn, Joanne F. Aitken, Angela Pearce and Michele Ferguson; “Australian Policies on “Futile” or “Non-beneficial” Treatment at the End of Life: A Qualitative Content Analysis” – Eliana Close, Malcolm Parker, Lindy Willmott, Ben White and Andrew Crowden; “Justice Is Blind but Expert Witnesses in Medical Imaging Are All Seeing: The Potential For “Blind Reads” to Mitigate Bias in Expert Evidence” – Nicole Woodrow; “Medical Experts and Evaluations of the Standard of Care in Medical Litigation – Strengths, Weaknesses and Potential Improvements – Anne-Maree Kelly; and “The National Redress Scheme for Institutional Child Sexual Abuse – The Western Australian Response” – Robert Guthrie and Amy Dickerson.
Also in this Part are the following sections: Editorial: “Tourette’s disorder and the Criminal Law” – Ian Freckelton QC; Legal Issues: “Medical Panels in Victoria, Australia and Alberta, Canada: Answering Medical Questions – Determining Matters of Fact and Law?” – Carol Newlands; Medical Issues: “Neglect in Aged Care – A Role for the Justice System?” – Joseph Ibrahim and David Ranson; Public Health Law Issues: “Warning Labels about Alcohol Consumption and Pregnancy: Moving from Industry Self-regulation to Law” – Paula O’Brien; Genomic Law Issues: “Gene Editing Clinical Trials Could Slip through Australian Regulatory Cracks” – Lisa Eckstein and Dianne Nicol; Health Law Reporter: “Methamphetamine-induced Psychosis and Mental Impairment: A Challenge from New Zealand” – Ian Freckelton QC; Obituary: Louis Waller (1935–2019); and Book Review: “Impostress: The Dishonest Adventures of Sara Wilson”.
Journal of Law and Medicine update: Vol 24 Pt 3
The latest Part of the Journal of Law and Medicine includes an Editorial: “Bolam Buried, Belatedly?” – Ian Freckelton QC; and the following sections: Legal Issues: “Judicial Review of Medical Panel Decisions” – Carol Newlands; Medical Issues: “Alcohol Consumption and Impairment of Surgeons: A Case for Total Abstinence?” – Mike O’Connor; Medical Law Reporter: “The Essendon Football Club Supplements Saga: Exploring Natural Justice for Team Sanctions within Anti-Doping Regulations” – Madeleine Farrar and Thomas Faunce; and a Letter to the Editor. Also in this Part are the following articles: “Vexatious, Misconceived and Avoidable Reports by Peers to Medical Regulators: A Qualitative Study of Health Practitioners in Australia” – Laura A Thomas and Marie M Bismark; “Practitioner Health Issues Featuring Before New Zealand’s Health Practitioners Disciplinary Tribunal: An Analysis of Cases 2003-2014” – Lois J Surgenor, Kate Diesfeld, Kate Kersey and Michael Ip; “Monitoring a ‘Menace’: Peer Review and the Regulation of Substance-Addicted Doctors, 1933-1948” – Gabrielle Wolf; “Lights and Sirens: How Coronial Inquests Can Highlight Challenges in Paramedic Regulation” – Dominique Moritz; “Expert Witness Immunity in Australia after Attwells v Jackson Lalic Lawyers: A Smaller and Less Predictable Shield?” – Tina Cockburn and Bill Madden; “The Right to Health: Implications for the Funding of Medicines in Australia” – Claudia Harper, Narcyz Ghinea and Wendy Lipworth; “Asynchronous Medicines Legislation for Non-Medical Prescribing” – Denise L Hope and Michelle A King; “Paying for Risky Decisions: Civil Liability of Non-Vaccinators” – Nikki Bromberger; “Criteria for Decision-Making Capacity: Between Understanding and Evidencing a Choice” – Lisa Eckstein and Scott YH Kim; “A Positive Duty to Rescue and Medical Practitioners: A Review of the Current Position in Australia and a Comparison with International Models” – Jayr Teng; “The Making of a Health Profession: A South African Case Study” – Andra le Roux-Kemp; and “Development, Access to Medicines and the Ebola Virus Epidemic in West Africa” – Olasupo Owoeye and Jumoke Oduwole. There is also a review of the book “The State and the Body: Legal Regulation of Bodily Autonomy” by Elizabeth Weeks – reviewed by Ian Freckelton QC.
Journal of Law and Medicine update: September 2015
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “The medico-scientific marginalisation of homeopathy: International legal and regulatory developments” – Ian Freckelton QC; Legal Issues: “Disciplinary proceedings against doctors who abuse controlled substances” – Danuta Mendelson; Medical Issues: “Methamphetamine: Where will the stampede take us?” – Danny Sullivan and Michael McDonough; Bioethical Issues: “‘Never regard yourself as already so thoroughly informed’: The withdrawal of its invitation to Rodney Syme to address its 2015 congress by the Royal Australasian College of Physicians” – Malcolm Parker, Ian Kerridge and Paul Komesaroff; Medical Law Reporter: “Australian Competition and Consumer Commission v ACN 117 372 915: Should consumer law regulate doctor-patient relations in a corporatised health care system?” – Jessica Wallace, Ella Pyman and Thomas Faunce; and Letter to the Editor. Also in this Part are the following articles: “Medical teams and the standard of care in negligence” – Carolyn Sappideen; “Prevention of non-communicable diseases in Australia: What role should public health law play?” – Kate Mulvany; “Personal responsibility or shared responsibility: What is the appropriate role of the law in obesity prevention?” – Benjamin Brooks; “Assessing testamentary and decision-making capacity: Approaches and models” – Kelly Purser and Tuly Rosenfeld; “Slice them up or slice them out? Legal liability for operating on the troublesome patient in cosmetic surgery” – Aileen Kennedy; “State intervention in pregnancy: Should the law respond thus to the problem of Foetal Alcohol Spectrum Disorder?” – Emily Gordon; “Criminal injuries compensation: Protecting vulnerable applicants” – Robert Guthrie; “Unwanted pregnancy: The outer boundary of “treatment injury” in the New Zealand accident compensation scheme” – Rosemary Tobin; “Patient’s right to information under the New Zealand Code of Rights” – Kyla Mullen; and “A way through the dark and thorny thickets? The adjudication of “serious injury” under the narrative tests in the Transport Accident Act 1986 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)” – Jason Taliadoros. There is also a review of the book “A Scientist in Wonderland: A Memoir of Searching for Truth and Finding Trouble” by Edzard Ernst.
Journal of Law and Medicine update: December 2014
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Criminalising research fraud” – Ian Freckelton QC; Legal Issues: “Disciplinary proceedings for inappropriate prescription of opioid medications by medical practitioners in Australia (2010-2014)” – Danuta Mendelson; Medical Issues: “Legal liability for psychiatrists’ decisions about involuntary inpatient status for mental health patients” – Ian Freckelton QC; Bioethical Issues: “Is a cleft lip and palate a serious “handicap”? Jepson v Chief Constable of West Mercia – A legal and ethical critique” – Michael Morrison and Grant Gillett; Nursing Issues: “Nursing documentation: A valuable clinical activity” – Kim Forrester; Medical Law Reporter: “Crimes Amendment (Zoe’s Law) Bill 2013 (No 2): Paradoxical commercial impacts of the conservative agenda on fetal rights” – Roseanna Bricknell and Thomas Faunce; Letter to the Editor and Book Review: Maralinga by Frank Walker. Also in this Part are the following articles: “The bereavement gap: Grief, human dignity and legal personhood in the debate over Zoe’s Law” – Hannah Robert; “The standard of medical care under the Australian Civil Liability Acts: Ten years on” – Joseph Lee; “Holding unregistered health practitioners to account: An analysis of current regulatory and legislative approaches” – Jon Wardle; “Voluntary palliated starvation: A lawful and ethical way to die?” – Ben White, Lindy Willmott and Julian Savulescu; “Confusing criminal and civil law: When may a hospital refuse to release a dead body?” – Steven B Gallagher; “A right to choose how to live: The Australian common law position on refusals of care” – Katherine Curnow; “New Zealand’s Mental Health District Inspector in historical context: ‘The impartial scrutiny of a citizen of standing’” – Kate Prebble, Claire Gooder and Katey Thom; “Wrongful life claims and negligent selection of gametes or embryos in infertility treatments: A quest for coherence” – Noam Gur; “Young people and medical procedures: Whether or not young people can be competent to make medical decisions in their own interests” – Michael Easton; and “We didn’t start this fireless vapour: E-cigarette legislation in Australia” – Dr Marilyn Krawitz
Journal of Law and Medicine update: June 2014
The latest Part of JLM includes the following articles: “Unfitness to stand trial decision-making in the Extraordinary Chambers in the Courts of Cambodia” – Ian Freckelton QC and Magda Karagiannakis; “Legal risk management and injury in the fitness industry: The outcomes of focus group research and a national survey of fitness professionals” – Patrick Keyzer, Ian R Coyle, Joachim Dietrich, Kevin Norton, Betul Sekendiz, Veronica Jones and Caroline F Finch; “Just a little bit more: When sports scientists cross the line” – Tyler Fox; “Beauty is only photoshop deep: Legislating models’ BMIs and photoshopping images” – Marilyn Krawitz; “Medical use of cannabis in Australia: “Medical necessity” defences under current Australian law and avenues for reform” – Charles Martin; “Patents and the obligation to protect health: Examining the significance of human rights considerations in the protection of pharmaceutical patents: – Olasupo Ayodeji Owoeye; ““Best interests” and withholding and withdrawing life-sustaining treatment from an adult who lacks capacity in the parens patriae jurisdiction” – Lindy Willmott, Ben White and Malcolm K Smith; “Transparency in mental health: Why mental health tribunals should be required to publish reasons” – Alison Smith and Andrew Caple; “Government databases and public health research: Facilitating access in the public interest” – Carolyn Adams and Judy Allen; “The spectre of court-sanctioned sacrificial separation of teenage conjoined twins against their will” – Colleen Davis; and “Judicial virtues and decision-making in the VCAT Guardianship List” – Richard Polkinghorn. Also included in this Part are several section notes, including Legal Issues; Medical Issues; Bioethical Issues; Nursing Issues; and Medical Law Reporter. There is also an editorial, a letter to the Editor and a book review.
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