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Debating Law

Goold I: Debating Autonomy

Debating Autonomy

Principles and Processes for Regulating Healthcare Professionals

A comprehensive and authoritative reference on the principles and processes for regulating healthcare professionals In Foundations of the Regulation of Healthcare Professionals, renowned international regulator Marc Seale delivers an authoritative exploration of the regulation of healthcare professionals, including competence, fitness to practice, professionalism, standards of education, training, and risk, while providing a thorough analysis of how these elements work together and evolve. This comprehensive reference work examines all components of the regulation of healthcare professionals, providing clear definitions and analysis lacking in the existing literature on the subject, and offers a practical guide for understanding a complex regulatory landscape. Readers will also find: <ul> <li>A thorough introduction to regulation, risk, and a framework for regulating healthcare professionals</li> <li>Comprehensive explorations of standards, guidance, and safe and effective practice</li> <li>Practical discussions of how healthcare professionals are regulated</li> <li>A review of the legal principles and processed used to regulate healthcare professionals</li> </ul> Perfect for professors, educators, and teachers of healthcare students, Foundations of the Regulation of Healthcare Professionals will also benefit healthcare students, consumer advocacy organisations, employers of healthcare professionals, professional associations, lawmakers and regulators.

Foundations of the Regulation of Healthcare Professionals, Volume 1

In Intimations of Mortality, Barbara Reich offers an empirically-based critique of the failures of end-of-life communication and decision-making in the United States. Using England and Canada as occasional foils, Reich explores why U.S. physicians, patients, and families struggle to have the conversations necessary to provide seriously ill and dying patients with medical care consistent with their preferences. Reich also shows how a number of different factors -including payment mechanisms, liability fears, cultural phenomena, communication avoidance, death denial, and clinical uncertainty -impact physician-patient communication and medical decision-making, leave patients and families without the tools they need to make informed choices, and instead leave the default practices in place. Ultimately, this groundbreaking analysis unveils the interconnectedness of the many obstacles to better communication and decision-making in end-of-life communications and offers much-needed suggestions for improvement.

Medical Decision-Making at the End of Life

Intimations of Mortality

This book delves into the evolving landscape of cannabis regulation across Europe and the world. Starting with Germany's push for full legalization, the work highlights hurdles faced by policymakers. It offers a detailed analysis of international and European frameworks restricting drug policy reform and discusses loopholes to avoid them.

Of Highs and Laws

The Regulation of Cannabis in Europe

Supporting the Legal Capacity of All Persons with Disabilities

Implementing the Right to Decide under the Convention on the Rights of Persons with Disabilities

Legal Issues in Sports Medicine provides an overview of legal issues and concepts for those entering or practicing in a sports medicine setting. The text addresses topics including risk management, assumption of risk, discrimination, and what to expect in the event of a lawsuit.

Legal Issues in Sports Medicine

"Health Care Civil Rights brilliantly reveals how antidiscrimination law's lofty goals are no match for the US health care system's pathologies. Providing more than just a captivating read on trans patients' fates, Anna Kirkland offers a blueprint for studying minority rights and the political economy of health."--Joanna Wuest, author of Born This Way: Science, Citizenship, and Inequality in the American LGBTQ+ Movement "This innovative book considers how health care civil rights can be upheld in the US health care system by examining how civil rights are actually implemented on the ground. Informed by extensive fieldwork, Health Care Civil Rights is written in a refreshingly engaging style that makes room for both an intellectually incisive argument and crystal-clear, practical pointers for correcting discriminatory patterns that harm vulnerable patients."--Colleen Grogan, author of Grow and Hide: The History of America's Health Care State "Health Care Civil Rights is a meticulously documented, theoretically poignant, and exquisitely written study of the insufficiency of civil rights policy in addressing systemic health inequalities. But structures can change and so can our ways of thinking about enduring social problems baked into every level of healthcare. Kirkland's astute work concludes with sound recommendations for alleviating the failures of health policy and practice."-stef m. shuster, author of Trans Medicine: The Emergence and Practice of Treating Gender

How Discrimination Law Fails Patients

Health Care Civil Rights

Law and the 100-Year Life addresses the growing trend of Americans living longer and healthier lives, with many reaching the age of 100. An aging nation presents new challenges for society, which must be reimagined to accommodate longer and more varied careers, multiple marriages, and defining moments of education. This volume explores the possibility of a 'third demographic dividend', a new period of productivity following middle age, and the potential for law and policy to support or divide aging citizens. Leading scholars across various fields come together to explore topics related to aging, such as health law and trusts and estates, as well as less obvious but equally important areas like housing, criminal justice, and education. This title is also available as Open Access on Cambridge Core.

Transforming Our Institutions for a Longer Lifespan

Law and the 100-Year Life

The 2nd edition of Murder, Medicine and Motherhood presents a fresh examination of the case of Kathleen Folbigg and a critical evaluation of the process that led to her exoneration in 2023. 

In 2011, the 2nd edition of this influential work argued that Kathleen Folbigg was wrongly convicted of killing her 4 children. The book attracted scholarly and public attention and led to medical and legal reviews of the Folbigg children's deaths. 

Two subsequent inquiries examined Folbigg's convictions. In 2019, Commissioner Blanch concluded that Folbigg's guilt was "even more certain" than it had been at trial. His report provoked an unprecedented response from the Australian Academy of Science, highlighting a rift between the legal and scientific establishments over how medical evidence should be managed. A petition signed by Nobel prize winners and others demanded a further review. The 2nd inquiry, completed in 2023, adopted a markedly different approach to scientific and behavioural evidence. Commissioner Bathurst ultimately reached the "firm view" that "reasonable doubt exists as to Folbigg's guilt." 

This new edition extends the examination of the legal process, medical evidence, and normative expectations of motherhood. It evaluates law's fact-finding processes and the legal system's adherence to the principles of proof beyond a reasonable doubt, and raises concerns about how legal actors work with scientific uncertainty and assess women's credibility and demeanour.

The Wrongful Convictions of Kathleen Folbigg

Murder, Medicine and Motherhood

Social Justice

This book sheds new light on the complex relationship between criminal liability, sexuality and public health in the era of Aids. It analyses, in particular, the role of public health arguments, and the language of 'sexual rights', in legal struggles aimed at decriminalising certain forms of 'risky' sexual conduct. Addressing gay sex, paid sex, and sex carried out by people living with HIV and Aids, the book demonstrates how public health experts are increasingly arguing that the criminal laws used to regulate these areas of behaviour should be abandoned in order to reduce the stigma and discrimination experienced by the 'risky' sexual populations that they target.

Queer Risks and Contagion Politics

Regulating Sex After Aids

Cambridge Bioethics and Law

Despite increasing global respect for disability rights since the 2008 entry into force of the UN Convention on the Rights of Persons with Disabilities (CRPD), the equal right to live in the world for disabled people continues to be undermined. This undermining stems from a range of factors, not least the selective prevention and termination of disabled lives, along with long-standing barriers to life-sustaining care, including restricted access to controlled substances and experimental treatment. Investigating the problem of disability discrimination at the margins of life and death, Tony Bogdanoski draws on a range of materials, including international human rights law, reports of UN treaty monitoring bodies and special rapporteurs, and laws largely from the US, UK, and Canada to explore how selective reproduction, assisted dying, and drug control impact struggles for disability equality. His insights are broad in consequence, spanning the fields of disability studies, human rights, law, and bioethics.

Confronting Ableism at Life's Margins

After Disability Rights

This book provides a timely and much-needed critical legal review of children's participation in healthcare that goes beyond merely documenting the extent and scope of participation, and explores the importance, definition of, and barriers to their meaningful participation. Addressing a gap in the literature, the book uses a combination of empirical data, childhood and participatory theory, and legal analysis to study the participation of children and young people in the medical context from a child's rights perspective. Centring the unheard and underrepresented lived experiences of recent and past child patients, and doctors, the book uses Interpretative Phenomenological Analysis, a methodology traditionally used in psychology, to provide a refreshing and unique exploration of children's participation in their healthcare. The book explores to what extent national law and international non-binding conventions have created a 'right' to participation, studies the application of national law in clinical practice asking whether the law facilitates meaningful participation, and analyses the interaction between law and quasi-legal regulations. The book will be useful for academics, children's activists, and legal and clinical practitioners.

Medical Decision-Making with Children and Young People

Before the Cradle to Beyond the Grave

Technology, Health, and Law in Life and Death

Debating Autonomy

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