The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Regulation of Substandard Medical Practice: Lessons from the Bawa-Garba Case” – Ian Freckelton QC; Legal Issues: “Q: Can a Court or Patient Demand Treatment? A: Yeah But No” – Joanna Manning; Medical Issues: “Medicinal Cannabis in Pregnancy – Panacea or Noxious Weed?” – Mike O’Connor; and Medical Law Reporter: “Analysis of Australia’s New Biosecurity Legislation” – Sam Durant and Thomas Faunce. Also in this Part are the following articles: “Beakers and Borders: Export Controls and the Life-sciences under the Defence Trade Controls Act 2012” – Timothy Vines; “Less Is More: Regulating the Weaponisation of Disease under the National Health Security Act 2007 (Cth)” – Colleen Chen; “Revisiting Breen v Williams: Breathing Life into a Doctor–Patient Fiduciary Relationship” – Diana Nestorovska; “Who Are ‘Indigenous and Local Communities’ and What Is ‘Traditional Knowledge’ for Virus Access and Benefit-sharing? A Textual Analysis of the Convention on Biological Diversity and Its Nagoya Protocol” – Michelle F Rourke; “Nga Whenu Raranga/Weaving Strands in the Alcohol and Other Drug Treatment Court of Aotearoa/New Zealand” – Katey Thom and Stella Black; “Patenting Nucleic Acid Sequences: More Ambiguity from the High Court?” – Charles Lawson; “The Regulatory Evolution of Paramedic Practice in Australia” – Dominique Moritz; “The Ethical, Legal and Regulatory Issues Associated with Pharmacogenomics: Systematically Quantifying the Literature” – Jayne E Hewitt; “Looking Gift-horses in the Mouth: Gift-giving, Incentives and Conflict of Interest in the Dental Profession” – Alexander C L Holden and Heiko Spallek; “Outcomes of Notifications against Psychologists in the New Zealand Health Regulation Context 2004–2015” – Lois J Surgenor and Kate Diesfeld; “Pure Psychiatric Injury Pursuant to the Civil Liability Legislation: An(other) Economic Perspective” – Martin Allcock; and “A Phronetic Inquiry into the Australian Euthanasia Experience: Challenging Paternalistic Medical Culture and Unrepresentative Health Policy” – Chelsea Wallis. There is also a review of the book “Wrongful Deaths: Selected Inquest Records from Nineteenth Century Korea” by Sun Koo Kim and Jungwon Kim (eds) – reviewed by Ian Freckelton QC.
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 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.
The latest Part of the Journal of Law and Medicine includes an Editorial: “The Right to Sue for Non-Communication or Delay in the Diagnosis of Neurodegenerative Diseases” – Ian Freckelton QC; and the following sections: Legal Issues: “‘My [Electronic] Health Record'” – Cui Bono (For Whose Benefit)? – Danuta Mendelson and Gabrielle Wolf; “The Foundations of the Comparison Forensic Sciences: Report of the President’s Council of Advisors on Science and Technology” – Stephen Cordner, David Ranson and Richard Bassed; Bioethical Issues: “Error and Accountability in a No-Fault System: Maintaining Professionalism” – Rebecca Babcock and Grant Gillett; and Medical Law Reporter: “Seeding Australian Regulation of Genomics in the Cloud” – Elizabeth Abbott and Thomas Faunce.
Also in this Part are the following articles: “Is Australia Well Equipped to Deal with Future Clinical Trials?” – Lisa Eckstein and Don Chalmers; “Is There a Role for Law in Medical Practice When Withholding and Withdrawing Life-Sustaining Medical Treatment? Empirical Findings on Attitudes of Doctors” – Lindy Willmott, Ben White, Malcolm Parker, Colleen Cartwright and Gail Williams; “The Knowledge and Practice of Doctors in Relation to the Law That Governs Withholding and Withdrawing Life-Sustaining Treatment from Adults Who Lack Capacity” – Ben White, Lindy Willmott, Colleen Cartwright, Malcolm Parker and Gail Williams; “Decision-Making Capacity and its Relationship to a Legally Valid Consent: Ethical, Legal and Professional Context” – Scott Lamont, Cameron Stewart and Mary Chiarella; “Balancing Self-Tracking and Surveillance: Legal, Ethical and Technological Issues in Using Smartphones to Monitor Communication in People with Health Conditions” – Jacki Liddle, Mark Burdon, David Ireland, Adrian Carter, Christina Knuepffer, Nastassja Milevskiy, Simon McBride, Helen Chenery and Wayne Hall; “Primum Non Nocere: A More Proactive Workplace Drug Testing Regime for Australian Medical Practitioners?” – Claire Leyden-Duval; “‘Dealing with the Drink’: A Case for Reviewing Gradual Regulation of Teenagers’ Access to Alcohol” – Brendan Walker-Munro; “Red Bull: Does It Give You Wings or Cardiac Disturbances? Modifying the Law Regarding Energy Drinks in Australia” – Marilyn Bromberg and Justine Howard; “Zolpidem, Complex Sleep-Related Behaviour and Volition” – Marilyn McMahon; “Judicial Recognition of PTSD in Crime Victims: A Review of How Much Credence Australian Courts Give to Crime-Induced PTSD” – Paul McGorrery; “Collision or Collusion? Homicides Staged as Car Accidents” – Claire Ferguson; and “Name Suppression Practices of New Zealand’s Health Practitioners Disciplinary Tribunal 2004-2014” – Kate Diesfeld, Lois J Surgenor, Michael Ip and Kate Kersey. There is also a review of the book “Lecretia’s Choice: A Story of Love, Death and the Law” by Matt Vickers – 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 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.