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JUDICIAL SYSTEMS (23 journals)

Showing 1 - 21 of 21 Journals sorted alphabetically
American Business Law Journal     Hybrid Journal   (Followers: 25)
Australian Journal of Maritime and Ocean Affairs     Hybrid Journal   (Followers: 9)
Berkeley Journal of Middle Eastern & Islamic Law     Open Access   (Followers: 3)
Court Review : The Journal of the American Judges Association     Open Access   (Followers: 1)
Das Juristische Büro     Hybrid Journal  
De Jure: Jurnal Hukum dan Syar'iah     Open Access   (Followers: 4)
GesundheitsRecht     Hybrid Journal   (Followers: 2)
Industrial Law Journal     Hybrid Journal   (Followers: 30)
International Comparative Jurisprudence     Open Access   (Followers: 2)
Issues in Legal Scholarship     Hybrid Journal   (Followers: 8)
Jahrbuch der juristischen Zeitgeschichte     Hybrid Journal   (Followers: 5)
Journal of Tort Law     Hybrid Journal   (Followers: 2)
JURA - Juristische Ausbildung     Hybrid Journal   (Followers: 9)
Justice System Journal     Hybrid Journal   (Followers: 6)
Justicia Islamica     Open Access  
Medical Law Review     Hybrid Journal   (Followers: 24)
Owen Dixon Society eJournal     Open Access   (Followers: 2)
Washington University Jurisprudence Review     Open Access   (Followers: 3)
Windsor Yearbook of Access to Justice     Open Access   (Followers: 3)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 18)
Zeitschrift für Rechtssoziologie     Hybrid Journal   (Followers: 2)
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Medical Law Review
Journal Prestige (SJR): 0.382
Citation Impact (citeScore): 1
Number of Followers: 24  
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 0967-0742 - ISSN (Online) 1464-3790
Published by Oxford University Press Homepage  [416 journals]
  • Resolving Disagreement: A Multi-Jurisdictional Comparative Analysis of
           Disputes About Children’s Medical Care
    • Authors: Auckland C; Goold I.
      Pages: 643 - 674
      Abstract: Recently, the English courts have dealt with a number high-profile, emotive disputes over the care of very ill children, including Charlie Gard, Alfie Evans, and Tafida Raqeeb. It is perhaps fair to say such cases have become a regular feature of the courts in England. But is the situation similar in other jurisdictions' If not, are there lessons to be learned from these jurisdictions that do not seem to need to call on judges to resolve these otherwise intractable disputes' We argue that many of the differences we see between jurisdictions derive from cultural and social differences manifesting in both the legal rules in place, and how the various parties interact with, and defer to, one another. We further argue that while recourse to the courts is undesirable in many ways, it is also indicative of a society that permits difference of views and provides for these differences to be considered in a public manner following clear procedural and precedential rules. These are the hallmarks of a liberal democracy that allows for pluralism of values, while still remaining committed to protecting the most vulnerable parties in these disputes—children facing life-limiting conditions.
      PubDate: Wed, 04 Nov 2020 00:00:00 GMT
      DOI: 10.1093/medlaw/fwaa020
      Issue No: Vol. 28, No. 4 (2020)
  • Leaving Hospital: A Step too Far for Risk-Based Regulation'
    • Authors: Moore V.
      Pages: 675 - 695
      Abstract: Discharges from hospital are internationally recognised as a dangerous time in the care pathway of a patient, posing a risk to both their physical wellbeing and dignity. This article examines the effectiveness of risk-based regulation as a tool to address patient safety incidents linked to the hospital discharge process within the English National Health Service. It examines how the risk of this process is identified, conceptualised, and prioritised amongst the relevant statutory regulators, and argues that the risk is neither uniformly recognised by the statutory regulators within the English NHS, nor sufficiently addressed. Professional regulators in particular appear to have a poor awareness of the risk and their role in addressing it. Until these issues are resolved, patients leaving hospitals will continue to be exposed to patient safety incidents which should be avoidable.
      PubDate: Wed, 21 Oct 2020 00:00:00 GMT
      DOI: 10.1093/medlaw/fwaa015
      Issue No: Vol. 28, No. 4 (2020)
  • Medical Tourism and the Best Interests of the Critically ill Child in the
           Era of Healthcare Globalisation
    • Authors: Bhatia N; Birchley G.
      Pages: 696 - 730
      Abstract: In this article, we examine emerging challenges to medical law arising from healthcare globalisation concerning disputes between parents and healthcare professionals in the care and treatment of critically ill children. We explore a series of issues emerging in English case law concerning children’s medical treatment that are signs of increasing globalisation. We argue that these interrelated issues present distinct challenges to healthcare economics, clinical practice, and the operation of the law. First, social media leverages the emotive aspects of cases; secondly, the Internet provides unfiltered information about novel treatments and access to crowdfunding to pay for them. Finally, the removal of barriers to global trade and travel allows child medical tourism to emerge as the nexus of these issues. These aspects of globalisation have implications for medicine and the law, yet child medical tourism has been little examined. We argue that it affects a range of interests, including children’s rights, parents’ rights as consumers, and the interests of society in communalised healthcare. Identifying putative solutions and a research agenda around these issues is important. While cases involving critically ill children are complex and emotionally fraught, the interconnectedness of these issues requires the law to engage and respond coherently to the impacts of healthcare globalisation.
      PubDate: Thu, 08 Oct 2020 00:00:00 GMT
      DOI: 10.1093/medlaw/fwaa029
      Issue No: Vol. 28, No. 4 (2020)
  • Reconceptualising the Interest in Knowing One’s Origins: A Case for
           Mandatory Disclosure
    • Authors: Wade K.
      Pages: 731 - 752
      Abstract: The aim of this article is to make a case for mandatory disclosure in assisted reproduction. This refers to a system whereby those who are born through gamete donation and/or surrogacy would be notified about the manner of their birth and the availability of information about their genetic and/or gestational origins. The article argues that, to date, the law has interpreted an individual’s interest in knowing their origins as being predominately about identity. However, the central importance of the principle of autonomy in the conceptualisation of this interest has been overlooked. A reconceptualisation of the interest in knowing one’s origins as being concerned predominantly with autonomy provides a justification for mandatory disclosure. It is argued that the interest of individuals born through assisted reproduction in having autonomous choice regarding the significance of information about their origins should be prioritised over the autonomous choices of parents not to disclose to their offspring the manner of their birth.
      PubDate: Thu, 29 Oct 2020 00:00:00 GMT
      DOI: 10.1093/medlaw/fwaa032
      Issue No: Vol. 28, No. 4 (2020)
  • An Aide Memoire for a Balancing Act' Critiquing The ‘Balance
           Sheet’ Approach to Best Interests Decision-Making
    • Authors: Kong C; Coggon J, Dunn M, et al.
      Pages: 753 - 780
      Abstract: The balance sheet is commonly used as a deliberative approach to decide best interests in Court of Protection cases in England and Wales, since Thorpe LJ in Re A (Male Sterilisation) described the balance sheet as a tool to enable judges and best interests decision-makers to quantify, compare, and calculate the different options at play. Recent judgments have critically reflected on the substance and practical function of the balance sheet approach, highlighting the practical stakes of its implicit conceptual assumptions and normative commitments. Using parallel debates in proportionality, we show that the balance sheet imports problematic assumptions of commensurability and aggregation, which can both overdetermine the outcome of best interests decisions and obfuscate the actual process of judicial deliberation. This means that the decision-making of judges and best interests assessors more generally could fail to properly reflect the nature of values at stake, as well as the skills of practical judgment needed to compare such values with sensitivity and nuance. The article argues that critical reflection of the balance sheet makes vital space for a more contextualised, substantive mode of deliberation which emphasises skills of qualitative evaluation towards enhancing conditions of articulation around the range of values involved in best interests decision-making.
      PubDate: Thu, 22 Oct 2020 00:00:00 GMT
      DOI: 10.1093/medlaw/fwaa027
      Issue No: Vol. 28, No. 4 (2020)
  • Anticipating Issues with Capacitous Pregnant Women: United Lincolnshire
           NHS Hospitals Trust v CD [2019] EWCOP 24 and Guys and St Thomas’ NHS
           Foundation Trust (GSTT) and South London and Maudsley NHS Foundation Trust
           (SLAM) v R [2020] EWCOP 4
    • Authors: Fovargue S.
      Pages: 781 - 793
      Abstract: In United Lincolnshire NHS Hospitals Trust v CD and Guys and St Thomas’ NHS Foundation Trust (GSTT) and South London and Maudsley NHS Foundation Trust (SLAM) v R, the Court of Protection was asked to make anticipatory and contingent declarations relating to the obstetric care and mode of delivery for currently capacitous women who were near to their due date but not yet in labour. In this case note I explore the judges’ reasoning on the legal basis for these declarations. In so doing, I consider the wider implications of employing this seemingly new addition to the Court of Protection’s armoury.
      PubDate: Tue, 18 Aug 2020 00:00:00 GMT
      DOI: 10.1093/medlaw/fwaa017
      Issue No: Vol. 28, No. 4 (2020)
  • Halting the Vicarious Liability Juggernaut: Barclays Bank PLC v Various
    • Authors: Purshouse C.
      Pages: 794 - 803
      Abstract: In Barclays Bank plc v Various Claimants [2020] UKSC 13, the Supreme Court rejected the claimants’ argument that Barclays should be vicariously liable for the sexual assaults of a doctor hired on as a contractor to perform medical examinations on employees and job candidates at the bank. It upheld the traditional rule that a defendant is not vicariously liable for the torts of independent contractors. This commentary examines the law on liability for independent contractors and considers whether the Supreme Court decision is consistent with modern employment trends. The implications of the decision for medical law are then discussed.
      PubDate: Sun, 06 Sep 2020 00:00:00 GMT
      DOI: 10.1093/medlaw/fwaa018
      Issue No: Vol. 28, No. 4 (2020)
  • Disability Rights During COVID-19: Emergency Law and Guidelines in England
    • Authors: Antova I.
      Pages: 804 - 816
      Abstract: Disabled people may be disproportionately impacted by the response to the COVID-19 outbreak because of the kinds of countermeasures needed to tackle it, and serious disruptions to the services on which they rely. There are reports from the disability community in England and elsewhere that measures taken to contain the spread of COVID-19 impact negatively on their human rights and experiences. This commentary focuses on the healthcare and social care systems in England and describes how laws and practices have changed under the COVID-19 pandemic, and how these changes affect the rights of disabled people.
      PubDate: Sun, 06 Sep 2020 00:00:00 GMT
      DOI: 10.1093/medlaw/fwaa026
      Issue No: Vol. 28, No. 4 (2020)
  • Re H (A Child) (Parental Responsibility: Vaccination): The Merits of
           Adopting A Softer Approach To Vaccination of A Child in Care'
    • Authors: Ó Néill C.
      Pages: 817 - 826
      Abstract: In Re H (A Child) (Parental Responsibility: Vaccination), the Court of Appeal decided that vaccination did not represent ‘grave’ or ‘serious’ medical treatment and determined that, in the case of a child under the care of a Local Authority, court authorization for consent to and arrangement of vaccination is no longer required. This is due to the strong medical evidence in support of vaccination. Thus, with due reference to 33(3)(b) Children Act 1989 and while considering proportionality and, particularly, the proportionate response to interference with the parents’ right to respect for private and family life under Article 8 of the European Convention on Human Rights, the court held that vaccination is in line with the best interests of the child. This commentary supports this judgment but identifies a slight prospective anomaly in the approach adopted to children in care and those who are not in care. The resolution of this dichotomy lies in broadening the scope of King LJ’s approach in this case.
      PubDate: Thu, 01 Oct 2020 00:00:00 GMT
      DOI: 10.1093/medlaw/fwaa025
      Issue No: Vol. 28, No. 4 (2020)
  • Andelka M. Phillips, Thana C. De Campos and Jonathan Herring (eds),
           Philosophical Foundations of Medical Law
    • Authors: Venter B.
      Pages: 827 - 830
      Abstract: PhillipsAndelka M., De CamposThana C. and HerringJonathan (eds), Philosophical Foundations of Medical Law, Oxford University Press, 2019, 352 pp., Hardback, £80.00, ISBN 978-0-19-879655-8.
      PubDate: Tue, 29 Sep 2020 00:00:00 GMT
      DOI: 10.1093/medlaw/fwaa034
      Issue No: Vol. 28, No. 4 (2020)
  • Stephanie Rohlfing-Dijoux and Uwe Hellmann (eds), Perspectives of Law and
           Culture on the End-of-life Legislations in France, Germany, India, Italy
           and the United Kingdom
    • Authors: Ward A.
      Pages: 830 - 835
      Abstract: Rohlfing-DijouxStephanie and HellmannUwe (eds), Perspectives of Law and Culture on the End-of-life Legislations in France, Germany, India, Italy and the United Kingdom, Nomos Verlagsgesellschaft, 2019, 311 pp., Paperback, €79.00, ISBN 9783848754922.
      PubDate: Fri, 02 Oct 2020 00:00:00 GMT
      DOI: 10.1093/medlaw/fwaa035
      Issue No: Vol. 28, No. 4 (2020)
  • Thierry Vansweevelt and Nicola Glover-Thomas (eds), Informed Consent and
           Health: A Global Analysis
    • Authors: Purshouse C.
      Pages: 835 - 838
      Abstract: VansweeveltThierry and Glover-ThomasNicola (eds), Informed Consent and Health: A Global Analysis, Edward Elgar, 2020, hardback, 296 pp, £95, ISBN 9781788973410.
      PubDate: Wed, 28 Oct 2020 00:00:00 GMT
      DOI: 10.1093/medlaw/fwaa031
      Issue No: Vol. 28, No. 4 (2020)
  • Books Received
    • Pages: 839 - 839
      Abstract: If you are interested in writing a review of one of the books listed below please contact the Book Reviews Editor, Professor Sara Fovargue: Reviews are usually about 2,000 words long, but shorter reviews will be considered with the agreement of the Reviews Editor.
      PubDate: Tue, 15 Dec 2020 00:00:00 GMT
      DOI: 10.1093/medlaw/fwaa039
      Issue No: Vol. 28, No. 4 (2020)
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
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