The legal role of medical professionals in decisions to withhold or withdraw life-sustaining treatment: part 1 (New South Wales)

This is the first article in a series of three that examines the legal role of medical professionals in decisions to withhold or withdraw life-sustaining treatment from adults who lack capacity. This article considers the position in New South Wales. A review of the law in this State reveals that medical professionals play significant legal roles in these decisions. However, the law is problematic in a number of respects and this is likely to impede medical professionals' legal knowledge in this area. The article examines the level of training medical professionals receive on issues such as advance directives and substitute decision-making, and the available empirical evidence as to the state of medical professionals' knowledge of the law at the end of life. It concludes that there are gaps in legal knowledge and that law reform is needed in New South Wales.     

Statutory Nuisance: The Sanitary Paradigm and Judicial Conservatism

Despite its long history, statutory nuisance law is still consideredimportant in dealing with localised environmental problems.But it is an area of law that is now beginning to creak—theresult of both its historical origins and the attitude of contemporaryjudges to its modern application. Key recent decisions of theBritish courts are examined, and the judiciary is shown to haveadopted an unduly narrow approach and one that is based on amisinterpretation of legislative intention. A detailed examinationof Parliamentary debates in the middle of the nineteenth centuryduring the development of statutory nuisance laws shows thatthe concept was promoted as being broad, flexible and expansive.Modern courts have singularly failed to adapt statutory nuisanceto contemporary needs, a lost opportunity since the statutorynuisance regime can provide an effective means for local governmentto deal rapidly with environmental problems as well as an accessibleremedy for the private individual.     

Privatization,regulation and development: Some questions of training strategy

In the current debate over the role of the public sector and its effective and efficient management, too little attention has been paid to the training implications of the various policy options. These include privatization as well as public enterprise performance improvement and rehabilitation. Third world training institutions are only just beginning to respond to the new tasks of re-equipping public sector managers to enable them to play a more ‘enabling’ or ‘facilitating’ role vis-à-vis the private and parastatal sectors. Accordingly, this article suggests a number of major elements that need go into any national training effort to strengthen the government-enterprise interface, including some of the curricular content, needs for case and teaching materials, developing training methods, the role of research, possibilities of a regional approach and the role of the international donor community.