This issue of the Journal of Law and Medicine features an Editorial by General Editor Professor Ian Freckelton QC marking the 25th anniversary of the Journal. It includes the following articles: “When Is It in a Child’s Best Interests to Withhold or Withdraw Life-sustaining Treatment? An Evolving Australian Jurisprudence” – Lindy Willmott, Ben White and Neera Bhatia; “Biosimilars: The Challenges of Novelty, Inventive Step and Sufficiency” – Teddy Henriksen and Jay Sanderson; “The Legal Doctrine of Informed Consent and Renal Dialysis – Do Patients Really Consent?” – Marina Wainstein, Anna Rose Menzies, Frank Patrick Brennan and Mark Ashley Brown; “Building Public Confidence in Medical Registration Revalidation: Reform of Medical Registration Law in Australia, a New Risk-based Approach” – David J Carter, Deborah J Street and Stephen Bush; “Holding Out and Protected Titles – Issues for Non-registrant Complementary and Alternative Health Practitioners” – Michael Weir; “Legal and Ethical Issues Surrounding the Use of Older Children’s Electronic Personal Health Records” – Jacqueline Meredith, Shaun McCarthy and Bronwyn Hemsley; “Changing Law Students’ Ideas about Dis/ability: Can We? Should We? How Would We?” – Anna Cody; “Best Interests and Non-consensual Research” – Brent Hyslop; “How Do Coroners’ Findings in Australian Jurisdictions Apply to Health Care Practitioners within Safety-I and Safety-II Paradigms?” – Nicola Cunningham; “An Analysis of Medico-legal Claims against Dermatologists in Australia from a Single Medical Indemnity Insurer” – Paul Stevenson; “Reproductive Autonomy and Social Sex Selection: A Chance of a Choice?” – Kathryn Boyd; “Freedom of Expression, Belief and Assembly: The Banning of Protests Outside of Abortion Clinics in Australia” – Anna Walsh; “Two Problems of Unburied Bodies” – Robert Shiels; “A Whiter Shade of Grey: Comparisons of the Legal and Professional Status of Tooth Whitening in Three Jurisdictions” – Alexander C L Holden; and “Infection Control Standards in Private Dental Practice” – The Role of Accreditation – Gillian Jean, Alexander C L Holden, Marc Tennant and Estie Kruger.
Also in this Part are the following sections: Editorial: “Health Law: The Past and the Future” – Ian Freckelton QC; Legal Issues: “Computational Modelling, Social Media and Health-Related Datasets: Consent and Privacy Issues” – Bernadette McSherry; Medical Issues: “Responding Better to Desperate Parents: Warnings from the Alfie Evans Saga” – Ian Freckelton QC; Bioethical Issues: “A New Ethical Model of Commercial Surrogacy Arrangements for Australia” – Jeremy Feiglin and Julian Savulescu; Nursing Issues: “Codes of Conduct – A New Era for Nursing and Midwifery in Australia” – Kim Forrester; and Medical Law Reporter: “Australian Senate Committee Report on Transvaginal Mesh Devices” – Chloe Thompson and Thomas Faunce. There are also reviews of the following books: “True Stories from the Morgue” by J Merrick – reviewed by Ian Freckelton QC; “The Trauma Cleaner: One Woman’s Extraordinary Life in Death & Disaster” by Sarah Krasnostein – reviewed by Ian Freckelton QC; and “Tensions and Traumas in Health Law” by Ian Freckelton and Kerry Petersen – reviewed by Bill Madden.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Medically assisted suicide: Recent jurisprudence and the challenges for law reform” – Ian Freckelton QC; Legal Issues: “Mental health legislation (civil) in Australia and China: A comparative perspective” – Danuta Mendelson and Nuannuan Lin; Medical Issues: “Family violence and clinical forensic medicine – The forgotten service?” – David Ranson, Angela Williams, Barbara Thorne and Jennifer Ryan; Bioethical Issues: “Justice, restoration and redress: Error, no-fault and tort-based systems” – Georgina Richardson and Grant Gillett; Nursing Issues: “Nurse-to-patient and midwife-to-patient ratios” – Kim Forrester; and Medical Law Reporter: “NuCoal Resources Ltd v New South Wales: The mining industry and potential health impacts of investor-state dispute settlement in Australia” – Thomas Faunce and Shaneel Parikh. Also in this Part are the following articles: “Refusal of potentially life-saving treatment for minors: The emerging international consensus by courts” – Ian Freckelton QC and Simon McGregor; “How should Australia respond to media-publicised developments on euthanasia in Belgium?” – Neera Bhatia, Ben White and Luc Deliens; “Aid in dying in New Zealand: Recent legal developments” – Andrew Geddis and Colin Gavaghan; “End-of-life decision-making in a health services setting: An access to justice lens” – Katherine Curnow; “Lawyers and advance care and end-of-life planning: Enhancing collaboration between legal and health professions” – Nola M Ries; “Does Australia need compulsory immunisation?’ – Wendy Jane Nixson; “Discharge against medical advice” – Audrey Laur; “The role of photographic and video documentation in the investigation and prosecution of child sexual assault” – Annie Cossins, Amanda Jayakody, Christine Norrie and Patrick Parkinson; “Consent to innovative treatment: No need for a new legal test” – Bernadette Richards and Katrina Hutchison; and “Rethinking the “harmonisation” of international trade and public health” – Ania Lang. There is also a review of the book “Do No Harm: Stories of Life, Death and Brain Surgery” by Henry Marsh – reviewed by Ian Freckelton QC.
The latest Part of the Journal of Law and Medicine features a special issue on the topic of commercial surrogacy, prefaced with an “Introductory note” by Chief Judge John H Pascoe and followed by five articles which examine some areas of development, regulation and debate: “The regulation of commercial surrogacy: The wrong answers to the wrong questions” – Anita Stuhmcke; “Responsive regulation of cross-border assisted reproduction” – Jenni Millbank; “Commercial surrogacy and the human right to autonomy” – Ronli Sifris; “Genes and gestation in Australian regulation of egg donation, surrogacy and mitochondrial donation” – Karinne Ludlow; “The Family Courts and parentage of children conceived through overseas commercial surrogacy arrangements: A child-centred approach” – Adiva Sifris.
This Part also includes the following sections: Guest Editorial: “Commercial surrogacy: What role for law in Australia?” – Ronli Sifris, Karinne Ludlow and Adiva Sifris; Legal Issues: “Defining seclusion and restraint: Legal and policy definitions versus consumer and carer perspectives” – Cath Roper, Bernadette McSherry and Lisa Brophy; Medical Issues: “The dangers of dementia: Getting the balance right” – Ross Bicknell, Joseph Ibrahim, Lyndal Bugeja and David Ranson; Bioethical Issues: “Lecretia Seales and aid in dying in New Zealand” – Grant Gillett; Nursing Issues: “The role of observation and feedback in enhancing performance with medication administration” – Karen Davies, Charles Mitchell and Ian Coombes; Medical Law Reporter: “Myriad voices against gene patents in the High Court” – Lucas McCallum and Thomas Faunce; and Letter to the Editor. Also in this Part are the following articles: “Medical and scientific authorship: A conflict between discipline rules and the law” – Elizabeth Adeney; “Foetal Alcohol Spectrum Disorders: A consideration of sentencing and unreliable confessions” – Heather Douglas; “Cutting the cord: Can society over-invest in extremely premature and critically impaired neonates?” – Neera Bhatia; “Nazi medical experiments on Australian prisoners of war: Commentary on the testimony of an Australian soldier” – George M Weisz; “A problem of modernity: Dual burial plots, the right to inter, and the interrelationship between the two” – Lynden Griggs; and “Our Father who art in prison: Conviction and rehabilitation for Australian Catholic clergy who are child sexual offenders” – Mike O’Connor. There is also a Book Review of “Critically Impaired Infants and End of Life Decision Making” – by Neera Bhatia.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Medicinal cannabis law reform: Lessons from Canadian litigation” – Ian Freckelton QC; Legal Issues: “Support for the exercise of legal capacity: The role of the law” – Bernadette McSherry and Andrew Butler; Medical Issues: “The loss of Malaysia airlines flight MH17: A forensic and humanitarian task” – David Ranson; Bioethical Issues: “Think of the children: Sex selection and child welfare” – Rachael Wong and Grant Gillett; Nursing Issues: “Recognising and responding to the deteriorating patient” – Kim Forrester; and Medical Law Reporter: “Australian Competition and Consumer Commission v Pfizer: Evergreening and market power as a blockbuster drug goes off patent” – Thomas Faunce. Also in this Part are the following articles: “The Australian quarantine and biosecurity legislation: Constitutionality and critique” – Anthony Gray; “States of confusion: Jurisdictional variation in Australian medicines nomenclature” – Denise Hope and Michelle King; “The case for MDMA (ecstasy) regulation” – Joshua Donelly; “Patenting genetic diagnostic methods: NGS, GWAS, SNPs and patents” – Charles Lawson; “Genetic testing of stored tissue from a deceased person to define a relative’s disease risk: Legal and ethical viewpoints” – Loane Skene, Julian Savulescu and Martin B Delatycki; “Double standards: Standards of proof for persons found unfit for trial” – Betheli O’Carroll; “Fitness to stand trial, human rights and possibilities from England and Wales” – Jeanette Stewart, Mary Woodward and Ilana Hepner; “Tasmania’s Reproductive Health (Access to Terminations) Act 2013: An analysis of conscientious objection to abortion and the “obligation to refer”” – Ronli Sifris; “Regulating preimplantation genetic diagnosis in Australia: Disability and parental choice” – Michelle de Souza; and “End-of-life decisions in Malaysia: Adequacies of ethical codes and developing legal standards” – Puteri Nemie Jahn Kassim and Fadhlina Alias. There is also a review of the book “Elder Law in New Zealand” by Kate Diesfeld and Ian McIntosh.
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.
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 June 2013 issue of the Journal of Law and Medicine is the last Part for Volume 20 and is a Special Issue about law, policy and practice concerning stored embryos in assisted reproduction. The articles cover such topics as consent, information-giving and counselling concerning stored embryos, use of stored embryos after separation or death of a partner, the destruction of stored embryos and compensation for women who provide their eggs for research, the best interests of neonates, adult guardianship, and the right to life under the European Convention on Human Rights, plus much more!
The latest Part of the Journal of Law and Medicine contains the usual interesting mix of articles and sections. The topics covered range from the use of organs after death to the role of public interest organisation at inquests, from cosmetic surgery and voluntary limb amputation to psychiatric disability, from advanced chronic obstructive pulmonary disease to voluntary euthanasia, from cryopreserved sperm to genetic testing, plus much more.