Journal of Law and Medicine update: Vol 28 Pt 1
This Part of the Journal of Law and Medicine includes the following articles: “COVID-19 and the Right to Support in New Zealand Hospitals” – Sarah Gwynn; “COVID-19 Curfews: Kenyan and Australian Litigation and Pandemic Protection” – Ian Freckelton QC; “Clinical Decision Support Systems and Medico-Legal Liability in Recall and Treatment: A Fresh Examination” – Megan Prictor, Mark Taylor, Jane Kaye, Jon Emery, Craig Nelson and Jo-Anne Manski-Nankervis; “Navigating the Australian National Disability Insurance Scheme: A Scheme of Big Ideas and Big Challenges” – Allan Ardill and Brett Jenkins; “Fifteen Years On: What Patterns Continue to Emerge from New Zealand’s Health Practitioners Disciplinary Tribunal?” – Lois J Surgenor, Kate Diesfeld, Kate Kersey, Olivia Kelly and Marta Rychert; “Maintaining Privacy in Artificial Intelligence-driven Bioinformatics: An Inquiry into the Suitability of Australia’s Laws” – Jade Luci Andrews; “Transgender and Intersex Athletes in Single-sex Sports” – Laura Johnston; “The Right of the Child to Oral Health: The Role of Human Rights in Oral Health Policy Development in Australia” – Gillian Jean, Estie Kruger, Vanessa Lok and Marc Tennant; “(Re)Drawing the Line: Australian Regulation of Human–Animal Interspecies Embryos” – Andrew Ng and Karinne Ludlow; “In Whose Interest? Recent Developments in Regulatory Immediate Action against Medical Practitioners in Australia” – Owen M Bradfield, Matthew J Spittal and Marie M Bismark; “A Little Less Discrimination, a Little More International Legal Compliance: A Capacity-based Approach to Substitute Decision-Making for People with Mental Illness” – Seb Recordon; “Adolescent Drivers – Are We Doing Enough?” – Roy G Beran; and “Don Chalmers: His Contributions to Legal Research and Education, Health Law, and Research Ethics, Locally and Globally” – Dianne Nicol, Yann Joly, Jane Kaye, Bartha Knoppers, Eric M Meslin, Jane Nielsen, Margaret Otlowski and Kate Warner.
Also in this Part are the following sections: Editorial: “The Rights to Life, Dignity and the Highest Attainable Standard of Health: Internationally Influential African Jurisprudence” – Ian Freckelton QC; Legal Issues: “Embracing the Future: Using Artificial Intelligence in Australian Health Practitioner Regulation” – Editor: Gabrielle Wolf; Medical Issues: “Personality Disorder and Moral Culpability: Brown v The Queen” – Danny Sullivan and Adam Deacon; Technology Health Law Issues: “Consumer Law, Technology and Health Care: A Shift in Focus, a Panacea or a Confounder?” – Joel Grieger, Mark Giancaspro and Bernadette Richards; Mental Health Law Issues: “Gender, Trauma and the Regulation of the Use of Restraint on Women in Australian Mental Health Services” – Yvette Maker; Health Law Reporter: “Brain Death and Pregnancy: On the Legalities of Post-mortem Gestation” – Cameron Stewart, Ian Kerridge, Lisa O’Reilly, Linda Sheahan, George Tomossy and George Skowronski; Health Research Law and Ethics: “Clinical Research without Consent: Challenges for COVID-19 Research” – Editor: Ian Freckelton QC; Letter to the Editor; Letter to the Editor (and Response); and Book Review: “Memoir of an Accidental Ethicist”, by KJ Breen.
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 3
This issue of the Journal of Law and Medicine includes the following articles: “COVID-19, Negligence and Occupational Health and Safety: Ethical and Legal Issues for Hospitals and Health Centres” – Ian Freckelton QC; “The Lake Alice Hospital Child and Adolescent Unit: Accountability – The Response to Date” – Rosemary L Thomson; “Vaginal Dialogues: The Trials and Tribulations of Mesh in the Repair of Prolapse” – Mike O’Connor and Bill Madden; “Consideration of a Legislative Framework to Support the Diagnostic Odyssey Commonly Encountered in the Instance of Rare Disease” – Marisa Taliangis and Gareth Baynam; “Children of the Dead: Posthumous Conception, Critical Interests and Consent” – Neil Maddox; “Medical Practitioners Who Deny Young Women Sterilisation Surgery “Because They Will Regret It Later”: Patient-centred Practice or Discrimination?” – Joshua Taylor; “Breaches of New Zealand’s Health and Disability Services Consumers’ Rights: Human Rights Review Tribunal Decisions” – Kate Diesfeld, Lois Surgenor and Marta Rychert; “Dancing away from Reform: The Inquest into the Death of Six Patrons of NSW Music Festivals” – Sebastian De Brennan; “Involuntary Sterilisation, Eugenics, and Physician-assisted Dying: Lessons for New Zealand” – Gail Bingham; “Embryonic Regulation and Research: What Is the Status of Human Germline Genome Editing in Australia?” – Rose Burbery; and “Australia after Cresswell and Chapman: A Legal and Regulatory Paradox, or an Opportunity for Uniformity?” – Christopher D Mills.
Also in this Part are the following sections: Editorial: “Law, Global Health, and Sustainable Development: The Lancet Commission on the Legal Determinants of Health” – Belinda Bennett; Legal Issues: “Changing to Deemed Consent for Deceased Organ Donation in the United Kingdom: Should Australia and New Zealand Follow?” – Joanna Manning; Medical Issues: “Surgical Experimentation by John Marion Sims in the Pre-Anaesthetic Era” – Mike O’Connor; Bioethical Issues: “The Voluntary Assisted Dying Law in Victoria – A Good First Step but Many Problems Remain” – Hugh Platt; Complementary Health Issues: “Prohibition Orders and the Regulation of Unregistered Health Practitioners” – Ian Freckelton QC; Technology and Health Law: “Health Care, Technology and Innovation: What’s Law Got to Do with It?” – Bernadette Richards; Mental Health Law Issues: “Preventing Harm to Others as a Criterion for Compulsory Treatment: An Overview of Criticisms and Current Research” – Bernadette McSherry; Health Law Reporter: “Unconventional Practice, “Innovative” Interventions and the National Law” – Cameron Stewart, Ian Kerridge, Catherine Waldby, Wendy Lipworth, Megan Munsie, Tamra Lysaght, Christopher Rudge, Narcyz Ghinea, Lisa Eckstein, Jane Neilsen, Jenny Kaldor and Dianne Nicol; Obituary: Kerry Anne Petersen: 22 December 1945–6 March 2020; Maurice Wallin (1944–2020); and Book Review: “Mental Capacity Law in New Zealand”.
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: September 2014
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.
Journal of Law and Medicine update: December 2013
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.
Journal of Law and Medicine update: March 2012
The March 2012 issue of the Journal of Law and Medicine is a special issue on umbilical cord donation and banking, with the relevant articles covering development of stem cells from umbilical cord blood and blood banking, religious perspectives on umbilical cord blood banking, the line between public and private cord blood banking, racially conditional donation and the ethical, legal and social implications of umbilical cord blood banking. Also included in this Part are articles and sections on pandemic planning, euthanasia, medical ethics, homeopathy, plus much more!
Journal of Law and Medicine update: June 2011
The June 2011 update of the Journal of Law and Medicine has a wide range of interesting articles and sections. There are articles on mental health legislation in Australian emergency departments, ethical practice for complementary and alternative medicine practitioners, individual responsibility and the attribution of liability and the legal role of medical professionals in decisions regarding life-sustaining treatment. There are also several interesting section notes including Nursing Issues, Bioethical Issues and Medical Law Reporter.
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