In 1992, Eluana Englaro was involved in a car accident in Italy that eventually left her in a permanent vegetative state requiring artificial nutrition and hydration. This paper, after briefly reviewing Eluana's case, gives a chronicle of Eluana last months until her death on 9 February 2009, and discusses the ...

Canada's federal government has once again failed to shut North America's only authorized supervised injection facility: Insite. A majority ruling issued by the BC Court of Appeal on 15 January 2010 upheld an earlier British Columbia Supreme Court ruling in 2008 that protected the rights of injection drug users (IDUs) ...

The recent Supreme Court decision of Queensland v B [2008] 2 Qd R 562 has significant implications for the law that governs consent and abortions. The judgment purports to extend the ratio of Secretary, Department of Health and Community Services (NT) v JWB and SMB (1992) 175 CLR 218 (Marion's ...

The Americans With Disabilities Act (ADA) was created to prohibit discrimination based on disability. Although many individuals filed claims alleging discrimination in the workplace based on disability, the federal courts, led by the U.S. Supreme Court, adopted an increasingly constricted interpretation of key provisions of the ADA. As a result, ...

The recent judgment of the European Court of Human Rights in the cases of S and Marper highlights some of the crucial ethical and legal issues relating to privacy, informed consent and discrimination raised by the use of forensic databases. This article explains the judgment and discusses some broader questions, ...

This column discusses the recent case of U.S. v. Boskic to highlight issues related to voluntariness--in particular, the voluntariness of a confession. At a meeting with U.S. government agents, Boskic, a Croat from Bosnia living in the United States, confessed to involvement in the 1995 Srebrenica massacre. The agents had ...

Recently the Supreme Court of New Zealand decided that the standard of proof in disciplinary proceedings against a registered health practitioner is the ordinary, civil "balance of probabilities" standard, even in cases where criminal or serious allegations are made. Adopting recent House of Lords' case law, it rejected the existence ...

In the United States, a longstanding legal rule exists against patenting natural phenomena. The Supreme Court recently had an opportunity to help define the boundaries and clarify the implications of this "natural phenomenon doctrine" in Laboratory Corporation of America v. Metabolite Labs., dismissed as improvidently granted. This article argues that ...

National and international courts and tribunals are increasingly ruling that although states may aim to deter unlawful abortion by criminal penalties, they bear a parallel duty to inform physicians and patients of when abortion is lawful. The fear is that women are unjustly denied safe medical procedures to which they ...

A recent case in the United States Supreme Court has indicated a change in course on the issue of abortion rights. In Gonzales v Carhart 127 S Ct 1610 (2007), the Supreme Court, in April 2007, upheld federal legislation banning a particular late-term abortion procedure with no exceptions (even to ...

Modern medical concerns with telemedicine and robotics practiced across national or other jurisdictional boundaries engage the historical, complex area of law called conflict of laws. An initial concern is whether a practitioner licensed only in jurisdiction A who treats a patient in jurisdiction B violates B's laws. Further concerns are ...

The most relevant question for any joint venture is, when does the relationship become a jointventure and not simply a price-fixing cartel? With respect to this question, this Article juxtaposes Texaco, Inc. v. Dagher, 126 S. Ct. 1276 (2006), against years of contrary precedent. In Dagher, the Court altered the ...

On 29 July 2005, the High Court of New Zealand decided the first case testing the scope of the by-law-making power given to cities under the Prostitution Law Reform Act 2003 (the PRA). The Court struck down the sections of a Christchurch by-law confining brothels to a defined area within ...

Controversies affecting reproductive choice can often be resolved within interactions of legal and ethical decision-making. This paper addresses three topics, following the methodology presented in Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law, by R.J. Cook, B.M. Dickens and M.F. Fathalla (Oxford University Press, 2003). The book's 15 ...

Should criminal law principles be applied to life insurance claims made by the beneficiaries of an insured person who commits suicide? Any discussion of the criminal law and the M'Naghten test of criminal responsibility, as sometimes used by the courts and recommended by the authors, obfuscates the resolution of contemporary ...

Political philosophers have doubted the compatibility of various major values, such as equality and freedom. Ethnographic and historical evidence has indicated the presence of (1) economic equality and individual freedom in the absence of civil peace in segmentary societies based on self-help; (2) economic equality and civil peace in the ...

The Brisbane Supreme Court has denied an Australian woman's request to harvest and freeze her dead fiancé's sperm for future impregnation. After she was denied access to the sperm, the woman learnt that her fiancé may have been a sperm donor and she began checking to find out if his ...

Recent cases have highlighted the issue of faulty probabilistic reasoning by expert witnesses in courts of law. While concern about potential miscarriages of justice is clearly well-placed, the consequences of such faulty reasoning do not seem to be fully appreciated. These are often counter-intuitive, as we show with two examples: ...

On 9 October 2002, a majority of South Africa's Constitutional Court dismissed appeals from convictions for prostitution and keeping a brothel, rejecting arguments that the law was unconstitutional. However, the minority decision, endorsed by five of eleven judges, found that the provision that made the sex worker but not the ...

Although Medicaid is regarded as a federal entitlement program, nowhere does the Medicaid statute explicitly recognize a federal right of action to enforce recipients' rights. Arguably, the Supreme Court, rather than Congress, first recognized the right of Medicaid recipients to protection of federal law. A controversial 2001 federal court decision, ...

On 11 April 2002, a Victorian supreme court jury ordered British American Tobacco Australia to pay Rolah McCabe $A700 000 in damages. Rolah McCabe is a 51 year old woman dying of lung cancer. She is the first smoker ever in Australia to obtain a damages verdict against the tobacco ...

In January 2002, the US Supreme Court issued the latest in a series of court judgments adopting a narrow interpretation of the Americans with Disabilities Act (ADA). The unanimous decision is fundamentally flawed in several important respects. It does not bode well for people with disabilities seeking protection from discrimination ...

At least 17 jurisdictions permit insanity defenses to be entered over the objections of defendants. Those jurisdictions believe that society's interest in a just determination of the charges outweighs a competent defendant's choice. If competency includes the ability to rationally choose a plea, competent defendants should not be forced to ...

The judgment in the English Court of Appeal case of Re A (Conjoined Twins: Surgical Separation) highlights forcefully the highly individualistic and abstract assumptions that commonly shape the deployment of rights discourse in liberal legal adjudication. Forced by the all-or-nothing nature of this discourse into a dilemma between perceiving of ...

A review of the laws and records of the courts of colonial New England indicate some ways the early settlers thought about and responded to idiocy. Early Massachusetts laws extended certain rights to idiots: They authorized the transfer of property, exonerated idiots who committed capital crimes, and extended relief to ...

A recent decision of the French supreme court has recognised what has been termed in the common law system, a "wrongful life" action. Intentionally provocative, the decision shows how the desire for equitable or "corrective" justice poses a threat not only to established legal principles on civil liability, but also ...

Historically, ensuring the due process rights of deaf defendants has been a problematic issue in the criminal justice system (McAlister, 1994; Smith, 1994; Vernon & Coley, 1978; Vernon & Greenburg, 1996; Vernon & Miller, in press; Vernon & Raifman, 1997; Whalen, 1981; Wood, 1984). Inadequate communication can radically affect a ...

This article reviews the application of clinical neuropsychology to criminal court proceedings, a complex, underserved, yet growing area of neuropsychological practice. The authors write from the perspective that the audience is primarily neurorehabilitation clinicians with limited experience in criminal matters. Discussions on the theoretical differences between clinical and forensic work, ...

The impact of the Austrian Psychotherapy Act, which, in contrast to legal provisions in the United States, does not provide for any exceptions to breach confidentiality, is compared with the effects of U.S. law on dealing with confidentiality. The authors investigated the impact of this law in light of three ...

Since their adoption in 1892, the insanity laws in the Criminal Code of Canada have utilized a modified M'Naughton rule. The Department of Justice began work in the 1970s to update these laws. In 1983, soon after the Canadian Charter of Rights and Freedoms was proclaimed, the case of Regina ...

Society remains sharply divided as to the deterrent value of capital punishment. Following the reintroduction of the death penalty in the United States, Texas law mandates the affirmative predictability of future dangerousness beyond a reasonable doubt before a jury can impose the ultimate penalty for capital murder. The validity of ...

This article addresses unique biases that arise in the assessment of sexual harassment claims by forensic psychiatrists. These include gender biases, diagnostic biases, sociopolitical biases, and bias that arises from lack of knowledge regarding sexual harassment or lack of formal psychiatric training. Forensic psychiatrists are ethically obligated to strive for ...

This article asks how Irish abortion law developed to the point of stopping a young pregnant rape victim from travelling abroad to have an abortion in 1992 (Attorney General v.X). The author argues that this case, which ultimately saw the Irish Supreme Court overturn that decision and recognize the young ...

Following up on a 1989 paper on the subject, this essay revisits the question of ethical expertise in the court room. Informed by recent developments in the use of ethics experts, the authors argue 1) that the adversarial nature of court proceedings challenges the integrity of the ethicist's pedagogical role; ...

The research presented below analyses the rhetoric of abortion jurisprudence from the perspective of fundamental principles of feminist theory. While focused primarily on the American experience, it addresses and raises questions that are on the political agenda in a significant number of contemporary societies. The feminist principles identified, and against ...

Patients consent to surgical procedures is a universal issue in medical law. The legal position in Australia, because it falls somewhere between the North American doctrine of "informed consent", and the Bolam test in the United Kingdom, will be of interest to all clinicians and legal practitioners dealing with these ...

Since its founding in 1974, Presbyterians for Lesbian & Gay Concerns (PLGC) has led the movement toward full participation and membership for lesbian and gay people in the Presbyterian Church (U.S.A.). This is a story of that movement, told by a participant. It traces the development of current antigay policies ...

In December 1994, the Michigan Supreme Court decided a group of cases comprising constitutional challenges to a Michigan statute against assisted suicide and prosecutions of Dr. Jack Kevorkian for his role in two incidents of suicide. The court rejected arguments that the statute infringed a right of "personal autonomy" under ...

This article discusses various aspects of criminal and civil liability with special reference to Austrian and German law. Whereas there are already innumerable German court decisions covering gynaecological and obstetric practice this is not yet true for Austria. However, the basic legal structure in both legal systems is very similar. ...

This paper gives a comparison of the approach of the US courts and of the Solicitor's Disciplinary Tribunal in England to disciplinary proceedings concerning lawyers suffering from alcohol dependence and/or depression. A richer case law in the USA indicates a more sophisticated approach, higher standards as to evidence and better ...

In a ruling issued on July 18 (1994), the US District Court for the Western District of Michigan found that the state's near ban on abortion coverage under Medicaid violates federal law because it is more restrictive than the current version of the federal Hyde Amendment. Chief Judge Benjamin F. ...

Kevorkian's acquittal of violating Michigan's assisted-suicide ban and a federal court's ruling that Washington state's ban on assisted suicide is unconstitutional say more about the inability of the judicial process to provide clear guidance through ethical quagmires than they do about ethical issues at hand, as the following articles explain.

The vendor demonstration is usually nothing more than a glorified sales presentation and is of little value in judging how close a fit a software package is to your company's requirements. In order to turn the demonstration from a sales pitch into a tool for determining if the package meets ...

Midwest courts still continue to carry the brunt of the ethics caseload of interest to the nation as a whole, and by the slow pace they seem to be taking in moving the cases along, one wonders whether the load is a burden. The following articles update three ongoing cases, ...

The duty to protect, or Tarasoff duty, has been conceptualized as arising solely in the context of a clinical setting. A recent California Supreme Court ruling in People v. Clark adds legal, clinical, and ethical dilemmas to the oftentimes contentious Tarasoff issue. Though the Tarasoff issue is but a minor ...

In deciding Ake v. Oklahoma, the Supreme Court held that, when defendants demonstrate that their sanity is likely to be a significant factor at trial, the State must assure them access to a competent psychiatrist who will not only examine them but also render other assistance to the defense. There ...

The Court reversed the decision of a lower court, which had convicted the defendant of the crime of abortion after she had an abortion outside of Spain. It rejected the lower court's conclusion that the extraterritoriality clause of the Criminal Code should be applied because 1) the defendant had committed ...

The defendants were clinics providing pregnancy counselling, including information about the availability of abortion in England. The Attorney General took over prosecution of the suit from the Society for the Protection of Unborn Children, which sought an injunction to prevent the defendants from providing counseling. The Supreme Court affirmed a ...

The Court held that, under Chilean law, the crime of abortion could not be proved when there was neither traumatic injury to external or internal organs nor an intrauterine foreign body, when histopathological tests had not been performed, and when neither the viability of the fetus nor the existence of ...