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”.
This issue of the Journal of Law and Medicine includes the following articles: “Social Responsibilities of the Global Pharmaceutical Companies: Towards an Ethical Health Care Paradigm” – Abhay Vir Singh Kanwar and Mia Mahmudur Rahim; “Legislative Capture: A Critical Consideration in the Commercial Determinants of Public Health” – Tony Brown; “Rational Social Impact Assessment of Alcohol Outlets: Slip Sliding Away” – Alison Ziller and Tony Brown; “Mandatory Welfare Drug Treatment in Australia” – Allan Ardill;”A Cross-sectional Survey of Health Professionals’ Attitudes toward Medicinal Cannabis Use as Part of Cancer Management” – Denesh Hewa-Gamage, Sarah Blaschke, Allison Drosdowsky, Trista Koproski, Anna Braun and Steve Ellen; “Outcome Bias in Clinical Negligence Medico-legal Cases” – Thom Petty, Lucy Stephenson, Pierre Campbell and Terence Stephenson; “Occupational Therapy Domestic Needs Assessment: Lawyer Perspectives” – Susan Arnold, Lynette Mackenzie, Michael Millington and Carole James; “Retained Surgical Items: Lessons from Australian Case Law of Items Unintentionally Left Behind in Patients after Surgery” – Tina Cockburn, Juliet Davis, and Sonya Osborne; “Understanding Client Vulnerability in the Disciplining of Legal Professionals in New South Wales” – Jennifer Schulz-Moore, Kate Diesfeld and Christine Forster; “Dealing with Patent Fragmentation in Genetics: Can Patent Pools Facilitate the Development of CRISPR Gene-Editing Technology?” – Alessandro Stasi and Isabel Pereira Rodrigues; “Considering the Provision of Growth Attenuation Treatment to Profoundly Disabled Children in Light of the Family Court’s Welfare Jurisdiction” – Elpitha (Peta) Lee Spyrou; “Advance Care Planning: A Communitarian Approach?” – Tracey Evans Chan; “Teachers’ Health, Wellbeing and Professional Misconduct. An Exploratory Analysis of Cases from New Zealand’s Teachers Disciplinary Tribunal 2017–2018” – Marta Rychert and Kate Diesfeld; and “Decisional Competence and Fitness to Stand Trial in New Zealand” – Brent Hyslop.
Also in this Part are the following sections: Editorial: “Encouraging and Rewarding the Whistleblower in Research Misconduct Cases” – Ian Freckelton QC; Legal Issues: “Electroconvulsive Therapy without Consent: The Influence of Human Rights Law” – Bernadette McSherry; Medical Issues: “The Role of Patient-reported Outcome Measures in Post-operative Death Investigations” – Anant Divyang Butala, Joseph Elias Ibrahim, Lyndal Bugeja and David Ranson; Medical Law Reporter: “Australian Medical Professionals, National Security and Administrative Offshore Punishment of Asylum-Seekers: Regulatory Update Including the Medevac Legislation” – Sarah Miller and Thomas Faunce; and Obituary: Thomas Alured Faunce. There is also a review of the following book: “Defeating the Ministers of Death; The Compelling History of Vaccination” by David Isaacs – Reviewed by Ian Freckelton QC.
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.