Colonial origins of land acquisition law in New South Wales and Queensland

F.W. Maitland. G.R. Elton. London. 1985. Weidenfeld and Nicolson. vii &; 118 pp. (incl. Index). £12.95.

Victorian Prison Lives: English Prison Biography (1830–1914). Philip Priest‐ley. London and New York. 1985. Methuen. xiii &; 311 pp. (incl. index). £25.00.

Christopher St German on Chancery and Statute. J.A. Guy. London. 1985. Selden Society Supplementary series vol. 6. x &; 149 pp. (incl. index). £15.

Imprisonment in England and Wales: A Concise History, Christopher Harding, Bill Hines, Richard Ireland and Philip Rawlings, Beck‐enham. Croom Helm. 1985. xiii &; 308 pp. £25.00.

The Evolution of Law. Alan Watson. Oxford. 1985. Basil Blackwell. xi &; 156 pp. (incl. index). £17.50.

Unequal Access: Women Lawyers in a Changing America. Ronald Chester. Massachusetts. 1985. Bergin &; Garvey Publishers, Inc. viii &; 135 pp.(incl. index). £24.95.

Unequal Laws unto a Savage Race: European Legal Traditions in Arkansas, 1686–1836. Morris S. Arnold. Fayetteville. 1985. University of Arkansas Press, xviii &; 234 pp.

Returns of Strangers in the Metropolis 1593, 1627, 1635, 1639: A Study of an Active Minority. Ed. Irene Scouloudi. London. 1985. The Huguenot Society.

’Without the Law’: Administrative Justice and Legal Pluralism in Nineteenth Century England. H.W. Arthurs. Toronto. 1985. University of Toronto Press, xvi + 312 pp. (incl. index). £20.00.     

Futile treatment: the need for legislation and uniform policies

As a matter of social policy, providers should place a top priority on educating colleagues and the public, including lawyers and the courts, so that there is genuine understanding that certain medical conditions, like anencephaly and brain death, cannot be ameliorated, changed, or improved through medical treatment even though the patient may continue to breathe with mechanical assistance for years. If health care professionals do not articulate and adhere to clear, universal standards of practice in this area, the courts will continue to define the duty of the medical profession, and, as Baby K illustrates, that is not acceptable.     

Voting in the House or Wooing the Voters at Home: Labour MPs and the 2001 General Election Campaign

Part of Labour's strategy for winning a second full term of government at the 2001 general election in the UK involved encouraging its MPs, especially those holding marginal seats, to spend considerable time in their constituencies in the preceding years, contacting voters and promoting the party's cause. Given the size of its majority in 1997, it was able to afford for many MPs to be absent from divisions in the House of Commons. This article looks at the voting records of Labour MPs who stood for re-election in 2001 during the two preceding parliamentary sessions. It reports that backbench MPs representing marginal constituencies were much more likely to be absent from the House during the last session prior to the election. Those absences were also apparently related to their performance at the election: the more often they absented themselves from parliamentary votes in that session (compared to the previous session) the better their performance at the 2001 election relative to national trends.     

医患关系是一种特殊的侵权责任法律关系

医患法律关系性质的界定是正确理解法律、适用法律的基础。我国相关学说虽然多,但仅仅是站在某一个立场,或以某一现象为基础,难免会有失偏颇。理论界的研究尚欠深入,司法实践中也有不少问题。文章从法学的角度论证,医患法律关系的基本性质是民事法律关系,它不属于民事合同关系,而与侵权责任关系有相似,但由于医学科学和医疗行为的特殊性,它应是一种特殊的侵权责任法律关系。     

Proof of cancer causation and expert evidence: bringing science to the law and the law to science

This article discusses the medico-scientific and the legal views of cancer causation and how these two approaches impact on expert evidence. Cancer cause lends itself well to an exploration of the critical issues which surround its proof and the role of expert evidence in this proof. The article does not seek to identify or to resolve all the controversies or inconsistencies in the area. Rather, it sets up a basic framework for the general presentation and testing of expert medico-scientific evidence in litigation related to cancer causation. Specifically, it seeks to identify the technical questions of law and medical science regarding which medico-scientific disciplines can be relevant to proving cancer causation, and who the relevant expert witnesses to achieve this task would be. Emerging areas of cancer causation are then examined in light of this framework.     

Correction to: Transnational law as a framework for law clinics

Jindal Global Law Review - A correction to this paper has been published: https://doi.org/10.1007/s41020-021-00137-6     

Hard choices: targeting long-term care to the "at risk" aged

Recent expansion of Medicaid coverage to home- and community-based long-term care moves that payment program away from its traditional institutional bias. But tension over the appropriate role of home care and fears of budget-busting have caused the current administration to set goals for the states that may be impossible to achieve.     

India: constitutional challenge to anti-sodomy law

On 7 December 2001, the Naz Foundation India Trust filed a petition with the Delhi High Court alleging that the prohibitions on sodomy in Indian law are unconstitutional.     

Barcelona 2002: law, ethics, and human rights. Using the law to improve access to treatments

The XIII International AIDS Conference in Durban, South Africa in July 2000 focused worldwide attention on the problem of accessing treatments in developing countries. In the interim, thanks to the work of activists - from demonstrations to court cases, and from acts of public courage by people living with HIV/AIDS to ongoing lobbying of politicians and trade negotiators - some very significant developments have occurred. But the reality is that the vast majority of people living with HIV/AIDS still lack access to affordable, quality medicines. This article, a summary of a paper presented at "Putting Third First: Vaccines, Access to Treatments and the Law," a satellite meeting held at Barcelona on 5 July 2002 and organized by the Canadian HIV/AIDS Legal Network, the AIDS Law Project, South Africa, and the Lawyers Collective HIV/AIDS Unit, India, explores three approaches for improving access. In the first part, Richard Elliott provides an overview of the state of the right to health as embodied in international human rights law; comments on the experience to date in litigating claims to the right to health; and identifies potential strategies activists can adopt to advance recognition of the right to health. In the second part, Sharan Parmar and Vivek Divan describe price-control and drug-financing mechanisms used by industrialized countries to increase the affordability of medicines; and discuss how some of these mechanisms could be adapted for use in developing countries. Finally, Jonathan Berger describes the use of litigation in the courts by the Treatment Action Campaign in South Africa.