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Disputes and Dilemmas in Health Law
This book replaces the successful Controversies in Health Law. Under the same editorship and much the same authorship, it is substantially larger (30 chapters instead of 18) and correspondingly more comprehensive. It retains the lively analysis and the focus on controversial and cutting-edge problems. The chapters are broken up into parts covering Litigation and Liabilty; Reproductive Technologies; The Sequelae of the End of Life; Public Health; Ethical Frameworks and Dilemmas; Regulation; Human Rights and Therapeutic Jurisprudence; Research and Vulnerability and Information, Privacy and Confidentiality . They consider issues raised by new technologies, changing legislation and altering comm...
Appealing to the Future
Appealing to the Future is a celebration of Justice Kirby's achievements and contributions to the Australian legal system. This collection of essays contains writings and reflections from more than 40 eminent legal practitioners and academics in Australia and beyond. Each contribution explores an aspect or theme of Justice Kirby's judicial life, covering both his law reform and judicial writings. Covering a wide variety of legal topics, a common thread is Justice Kirby's values -- how they have shaped his judgments and interests and how they have evolved over the years to make him one of Australia's most renowned High Court judges.
Criminal Injuries Compensation
Australia's first text focussing on the rights of victims to be financially compensated by order of the courts and administrative decision-makers for harm and loss that they have suffered at the hands of criminal offenders. It gathers together the substantial case law that has evolved since the 1960s and 1970s.
Indictable Offences in Victoria
Indictable Offences in Victoria 5th Edition, is an invaluable resource for legal practitioners and police, assisting those who have responsibility for charging defendants and for prosecuting and defending them in the Victoria's criminal justice system. The work comprehensively and clearly sets out all matters relevant to the prosecution of indictable offences in Victoria utilising a succinct alphabetical catalogue of all indictable offences. Expert commentary by eminent barrister and academic, Dr Ian Freckelton SC, is accompanied by the text of the relevant legislative provisions. The fifth edition is revised to incorporate new offences from the Crimes Act 1958. It also deals with offences u...
Pandemics, Public Health Emergencies and Government Powers
"Pandemics, Public Health Emergencies and Government Powers: Perspectives on Australian Law explores the multi-layered and multi-faceted ways in which Australia's laws, regulations and law-makers have engaged with the COVID-19 pandemic. What emerges from the 21 chapters from leading scholars in this edited collection is that there have been both successes and failures. The virus keeps evolving and we as a nation need to continue to learn from international developments and what has, and has not, worked in Australia. Law is an integral part of the public health framework that protects the community during a pandemic. A significant component of Australia's legal response to COVID-19 has been t...
Expert Evidence
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Coercive Care
There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.
Tackling Correctional Corruption
Corruption is a problem in prisons about which we hear very little, except when there is an escape from custody or other scandal that makes the media. The closed nature of correctional institutions has made the activities that go on within them less visible to the outside world. While some persons might be inclined to dismiss correctional corruption as an issue, this view ignores the scale of criminality and misconduct that can go on in prison and the impact it can have upon not just the good order of the prison or the rights of prisoners but on the prospects for successful reintegration of ex-prisoners into society. This book is the first to examine the phenomenon in any detail or to suggest what might be done to reduce its incidence and the harms that can arise from it. Andrew Goldsmith, Mark Halsey and Andrew Groves argue that it is not enough to tackle corruption alone. Rather there should be a broader attempt to promote what the authors call ‘correctional integrity’.
Expert Evidence
The acclaimed work of first resort for analysing the complex law and practice surrounding expert witnesses and expert evidence in personal injury, commercial, criminal and family law litigation. It has been cited by superior courts in every jurisdiction in Australia and New Zealand.
Scholarly Misconduct
This work examines scholarly misconduct in all its forms, from research fraud to forensic misconduct. Taking each type of misconduct in turn, the book details and analyses notorious cases, and court and disciplinary tribunal case law from around the world, looking specifically at the legal and regulatory responses that were evoked in each instance.
