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 includes the following sections: Editorial: “Medicinal cannabis law reform in Australia” – Ian Freckelton QC; Legal Issues: “Non-consensual clinical research in New Zealand: Law reform urgently needed” – Joanna Manning; Medical Issues: “The treatment of intersex and the problem of delay: The Australian Senate inquiry into intersex surgery and conflicting human rights for children” – Mike O’Connor; and Medical Law Reporter: “Regulation of Australian medical professionals and national security: Lessons from three case studies” – Thomas Faunce, Michael McKenna, Johanna Rayner and Jazmin Hawes. Also in this Part are the following articles: “The New Zealand Coroners Amendment Bill’s proposed approach to health care-related deaths that are reportable to the coroner” – Jennifer Moore, Tim Stokes and Ben Gray; “Decision-making in a death investigation: Emotion, families and the coroner” – Gordon Tait, Belinda Carpenter, Carol Quadrelli and Michael Barnes; “Negotiating grief and trauma in the coronial jurisdiction” – Marc Trabsky and Paula Baron; “‘Blowed off by a side wind’? Coronial inquests following criminal acquittals” – John Aberdeen; “The coronial investigation of suspected deaths: Prevalence and outcomes in New South Wales” – Stephanie Dartnall and Jane Goodman-Delahunty; “Does the removal of anonymity reduce sperm donors in Australia?” – Damian H Adams, Shahid Ullah and Sheryl de Lacey; “Recall and understanding of risk in endodontics: A questionnaire survey” – Mark Johnstone, Stephen Harlamb and Peter Parashos; “Health complaints and regulatory reform: Implications for vulnerable populations?” – Terry Carney, Fleur Beaupert, Mary Chiarella, Belinda Bennett, Merrilyn Walton, Patrick J Kelly and Claudette S Satchell; “Defining deviation: The peer professional opinion defence and its relationship to scope expansion and emerging non-medical health professions” – Jon Wardle; “A Hospital-based Patient Legal Clinic” – Liz Bishop, Hana Shahkhan and Bebe Loff; “Beyond the corporeal: Extending propertisation of body parts to derivative information” – Wendy Bonython and Bruce Baer Arnold; and “Biobanking: Relational obligations” – Valmaine Toki. There is also a review of the book “Saviour Siblings: A Relational Approach to the Welfare of the Child in Selective Reproduction” by Michelle Taylor-Sands – reviewed by Ian Freckelton QC.
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
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.
The first Part of Volume 21 of the Journal of Law and Medicine includes several interesting articles and sections on various aspects of medical law. The topics covered include the risk of recidivism in de-registered health practitioners, negligent pre-birth genetic testing, refusal of medical treatment, misleading vaccination and immunisation information, the ethics of dementia research, disclosure of genetic information to genetic relatives, plus much more!