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Causation in Law and Medicine
Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law. Including contributions from a number of distinguished doctors, lawyers and scientists, it will be of great interest and value to academics and practitioners alike.
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...
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.
Australian Judicial Perspectives on Expert Evidence
This survey of judges provides an opportunity to understand what the Australian judiciary thinks about the presentation of expert evidence in the courts.
Death Investigation and the Coroner's Inquest
"Death Investigation and the Coroner's Inquest is a major text on coroners' law, medicine and practice. It is the first such work with international, cross-disciplinary, policy, historical and literary perspectives. The book focuses on law and practice in Australia and New Zealand but draws upon law, practice and scholarly writing from the United Kingdom, Ireland, Canada and the United States, as well as illustrative cases and experience from the Asia-Pacific region. The book bridges the divide between traditional legal texts dealing with inquests and with appeals from coroners' decisions, and those forensic medical and scientific texts dealing with pathology, autopsy practice and other tech...
Expert Evidence
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Forensic Analysis
Forensic Analysis - Scientific and Medical Techniques and Evidence under the Microscope is an edited collection with contributions from scholars in ten countries, containing cutting-edge analyses of diverse aspects of contemporary forensic science and forensic medicine. It spans forensic gait analysis evidence, forensic analysis in wildlife investigations, mitochondrial blood-typing, DNA profiling, probabilistic genotyping, toolmark analysis, forensic osteology, obstetric markers as a diagnostic tool, salivary analysis, pharmacogenetics, and forensic analysis of herbal drugs. This book provides information about the parameters of expertise in relation to a number of areas that are being utilised as a part of criminal investigations and that are coming before courts internationally or will soon do so. Thereby, it is hoped that rigor in the evaluation of such evidence will be enhanced, a fillip for developing standards will be provided, and the incidence of miscarriages of criminal justice will be minimised.
Law, Policy and Reproductive Autonomy
Reproductive choices are at once the most private and intimate decisions we make in our lives and undeniably also among the most public. Reproductive decision making takes place in a web of overlapping concerns - political and ideological, socio-economic, health and health care - all of which engage the public and involve strongly held opinions and attitudes about appropriate conduct on the part of individuals and the state. Law, Policy and Reproductive Autonomy examines the idea of reproductive autonomy, noting that in attempting to look closely at the contours of the concept, we begin to see some uncertainty about its meaning and legal implications - about how to understand reproductive au...
Annual Report
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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...
