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Making decisions for children: Accommodating parental choice in best interests determinations. Barts Health NHS Trust v Raqeeb [2019] EWHC 2530 (Fam); Raqeeb and Barts Health NHS Trust [2019] EWHC 2531 (Admin) (2019)
Journal Article
Cave, E., Archard, D., & Brierley, J. (2020). Making decisions for children: Accommodating parental choice in best interests determinations. Barts Health NHS Trust v Raqeeb [2019] EWHC 2530 (Fam); Raqeeb and Barts Health NHS Trust [2019] EWHC 2531 (Admin). Medical Law Review, 28(1), 183-196. https://doi.org/10.1093/medlaw/fwz038

Four-year-old Tafida Raqeeb suffered a sudden and catastrophic brain injury resulting from a rare condition. UK doctors would not agree to a transfer of Tafida to a hospital in Italy in circumstances that they considered to be contrary to her best in... Read More about Making decisions for children: Accommodating parental choice in best interests determinations. Barts Health NHS Trust v Raqeeb [2019] EWHC 2530 (Fam); Raqeeb and Barts Health NHS Trust [2019] EWHC 2531 (Admin).

Patient rights to participate in treatment decisions: Choice, consultation and knowledge (2019)
Journal Article
Cave, E., & Reinach, N. (2019). Patient rights to participate in treatment decisions: Choice, consultation and knowledge. Journal of medical law and ethics, 7(2), 157-176. https://doi.org/10.7590/221354019x15678416128130

Article 8 of the European Convention on Human Rights supports the right to participate in decisions that affect our lives. Article 8 was a relevant factor in the Supreme Court decision of Montgomery v Lanarkshire Health Board [2015] which makes signi... Read More about Patient rights to participate in treatment decisions: Choice, consultation and knowledge.

Selecting Treatment Options and Choosing Between them: Delineating Patient and Professional Autonomy in Shared Decision-Making (2019)
Journal Article
Cave, E. (2020). Selecting Treatment Options and Choosing Between them: Delineating Patient and Professional Autonomy in Shared Decision-Making. Health Care Analysis, 28, 4-24. https://doi.org/10.1007/s10728-019-00384-8

Professional control in the selection of treatment or investigatory options for patients is changing. In light of social and legal developments emphasising patient choice and autonomy, and restricting medical paternalism and judicial deference, this... Read More about Selecting Treatment Options and Choosing Between them: Delineating Patient and Professional Autonomy in Shared Decision-Making.

What Would Ecological Climate Change Law Look Like?: Developing a Method for Analysing the International Climate Change Regime from an Ecological Perspective (2019)
Journal Article
Woolley, O. (2020). What Would Ecological Climate Change Law Look Like?: Developing a Method for Analysing the International Climate Change Regime from an Ecological Perspective. Review of European, Comparative & International Environmental Law, 29(1), 76-85. https://doi.org/10.1111/reel.12310

Statements and commitments made in the climate change treaties record the desire of their parties to preserve ecosystem functionality and situations that depend on this as an outcome of their collective response to global warming. Despite this, littl... Read More about What Would Ecological Climate Change Law Look Like?: Developing a Method for Analysing the International Climate Change Regime from an Ecological Perspective.

Think of the Children: Liability for Non-disclosure of Information Post-Montgomery (2019)
Journal Article
Cave, E., & Purshouse, C. (2020). Think of the Children: Liability for Non-disclosure of Information Post-Montgomery. Medical Law Review, 28(2), 270-292. https://doi.org/10.1093/medlaw/fwz023

In 2015 the Supreme Court in Montgomery v Lanarkshire Health Board handed down a landmark decision on informed consent to medical treatment, heralding a legal shift to a more patient-centred approach. Montgomery, and the extensive commentary that has... Read More about Think of the Children: Liability for Non-disclosure of Information Post-Montgomery.

The Patient in Free Movement Law: Medical History, Diagnosis and Prognosis (2019)
Journal Article
Van Leeuwen, B. (2019). The Patient in Free Movement Law: Medical History, Diagnosis and Prognosis. The Cambridge yearbook of European legal studies, 21, 162-186. https://doi.org/10.1017/cel.2019.5

Free movement of patients has been criticised from the moment that the first patient cases reached the CJEU. The moving patient supposedly increases consumerism, reduces national solidarity and has a negative impact on the quality of healthcare provi... Read More about The Patient in Free Movement Law: Medical History, Diagnosis and Prognosis.

Cold winds and warm attachments: Interrogating the personal attachment to neoliberal work and economy (2019)
Journal Article
Musilek, K., Jamie, K., & McKie, L. (2020). Cold winds and warm attachments: Interrogating the personal attachment to neoliberal work and economy. Work, Employment and Society, 34(3), 514-525. https://doi.org/10.1177/0950017019856798

The question of personal attachment to work in neoliberalism is subject to debate. Some scholars postulate that personal attachment to work based on durability, collectivity and predictability is weakening because of changes in its organisation; work... Read More about Cold winds and warm attachments: Interrogating the personal attachment to neoliberal work and economy.

Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions (2019)
Journal Article
Beyleveld, D., & Brownsword, R. (2019). Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions. International Journal of Law in Context, 15(2), 198-218. https://doi.org/10.1017/s1744552319000120

In the context of a technology-driven algorithmic approach to criminal justice, this paper responds to the following three questions: (1) what reasons are there for treating liberal values and human rights as guiding for punitive justice; (2) is prev... Read More about Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions.

How patent law reform can improve affordability and accessibility of medicines in South Africa: Four medicine case studies (2019)
Journal Article
Tomlinson, C., Waterhouse, C., Hu, Y., Meyer, S., & Moyo, H. (2019). How patent law reform can improve affordability and accessibility of medicines in South Africa: Four medicine case studies. South African Medical Journal, 109(6), 387-391. https://doi.org/10.7196/samj.2019.v109i6.14001

South Africa (SA) is in the process of amending its patent laws. Since its 2011 inception, Fix the Patent Laws, a coalition of 40 patient groups, has advocated for reform of SA’s patent laws to improve affordability of medicines in the country. Build... Read More about How patent law reform can improve affordability and accessibility of medicines in South Africa: Four medicine case studies.

Tacticians, Stewards, and Professionals: The Politics of Publishing Select Committee Legal Advice (2019)
Journal Article
Yong, B., Davies, G., & Leston‐Bandeira, C. (2019). Tacticians, Stewards, and Professionals: The Politics of Publishing Select Committee Legal Advice. Journal of Law and Society, 46(3), 367-395. https://doi.org/10.1111/jols.12153

At Westminster, there are increasing pressures on select committees to publish in‐house legal advice. We suggest that examining the process of deciding to publish provides useful insights into the provision, reception, and use of legal advice, and th... Read More about Tacticians, Stewards, and Professionals: The Politics of Publishing Select Committee Legal Advice.