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Ethical advice in paediatric care (2021)
Journal Article
Brierley, J., Cave, E., & Archard, D. (2022). Ethical advice in paediatric care. Archives of Disease in Childhood, 107, Article e18. https://doi.org/10.1136/archdischild-2021-322671

The need for local ethics advice during the COVID-19 pandemic has put a spotlight on Clinical Ethics Committees (CECs) and services. In this review, we focus on paediatric CECs which raise both generic questions and specific issues. In doing this, we... Read More about Ethical advice in paediatric care.

Clinical ethics support services during the COVID-19 pandemic in the UK: a cross-sectional survey (2021)
Journal Article
Dittborn, M., Cave, E., & Archard, D. (2022). Clinical ethics support services during the COVID-19 pandemic in the UK: a cross-sectional survey. Journal of Medical Ethics, 48(10), 695-701. https://doi.org/10.1136/medethics-2021-107818

Background: The COVID-19 pandemic highlighted the need for clinical ethics support provision to ensure as far as possible fair decision-making and to address healthcare workers’ moral distress. Purpose: To describe the availability, characteristics a... Read More about Clinical ethics support services during the COVID-19 pandemic in the UK: a cross-sectional survey.

Medical guidelines in South African courts: exploring their role in medical negligence matters (2021)
Book Chapter
Pickles, C. (2021). Medical guidelines in South African courts: exploring their role in medical negligence matters. In J. Samanta, & A. Samanta (Eds.), Clinical Guidelines and the Law of Medical Negligence (80-111). Edward Elgar Publishing. https://doi.org/10.4337/9781789908893.00011

This chapter analyses South African courts' approach to clinical guidelines in medical negligence case law. It is widely accepted that guidelines 'do not have the status of law' and this was recently confirmed by the Western Cape High Court. However,... Read More about Medical guidelines in South African courts: exploring their role in medical negligence matters.

The case for telemedical early medical abortion in England: dispelling adult safeguarding concerns (2021)
Journal Article
Parsons, J. A., & Romanis, E. C. (2022). The case for telemedical early medical abortion in England: dispelling adult safeguarding concerns. Health Care Analysis, 30(1), 73-96. https://doi.org/10.1007/s10728-021-00439-9

Access to abortion care has been hugely affected by the COVID-19 pandemic. This has prompted several governments to permit the use of telemedicine for fully remote care pathways, thereby ensuring pregnant people are still able to access services. One... Read More about The case for telemedical early medical abortion in England: dispelling adult safeguarding concerns.

The Medicalisation of Childbirth and Access to Homebirth in the UK: COVID-19 and Beyond (2021)
Journal Article
Nelson, A., & Romanis, E. C. (2021). The Medicalisation of Childbirth and Access to Homebirth in the UK: COVID-19 and Beyond. Medical Law Review, 29(4), 661-687. https://doi.org/10.1093/medlaw/fwab040

In this article, we explore how the law has perpetuated the medicalisation of childbirth, and outline why this may limit the ability of birthing persons to access and opt for homebirth. We argue that this is inherently problematic because it restrict... Read More about The Medicalisation of Childbirth and Access to Homebirth in the UK: COVID-19 and Beyond.

Legal Empathy in the Internal Market: Free Movement Law as a Comparative Dialogue (2021)
Journal Article
Van Leeuwen, B. (2021). Legal Empathy in the Internal Market: Free Movement Law as a Comparative Dialogue. European law review, 46(5), 625-646

This paper characterises and analyses free movement law as an exercise in legal empathy. Negative integration in the internal market is based on and facilitated by differences in national laws, which are explored through the free movement provisions.... Read More about Legal Empathy in the Internal Market: Free Movement Law as a Comparative Dialogue.

Disadvantage, Disagreement, and Disability: Re-evaluating the Continuity Test (2021)
Journal Article
Begon, J. (2021). Disadvantage, Disagreement, and Disability: Re-evaluating the Continuity Test. Critical Review of International Social and Political Philosophy, https://doi.org/10.1080/13698230.2021.1972585

The suggestion that individuals should be considered disadvantaged, and consequently entitled to compensation, only if they consider themselves disadvantaged (Dworkin’s ‘continuity test’) is initially appealing. However, it also faces problems. First... Read More about Disadvantage, Disagreement, and Disability: Re-evaluating the Continuity Test.

The Future of Investor-State Dispute Settlement: Exploring China’s Changing Attitude (2021)
Book Chapter
Du, M., & Shen, W. (2021). The Future of Investor-State Dispute Settlement: Exploring China’s Changing Attitude. In J. Chaisse, L. Choukroune, & S. Jusoh (Eds.), Handbook of international investment law and policy (2483-2506). Springer Verlag. https://doi.org/10.1007/978-981-13-3615-7_86

The legitimacy of investor-State dispute settlement (ISDS) system has come under fire in recent years, and the call for reform or even transformation of global foreign direct investment governance is in vogue, with proposals ranging from incremental... Read More about The Future of Investor-State Dispute Settlement: Exploring China’s Changing Attitude.

On Emad Atiq's Inclusive Anti-positivism (2021)
Journal Article
Woodbury-Smith, K. (2021). On Emad Atiq's Inclusive Anti-positivism. Journal of ethics & social philosophy, 20(2), 211-219. https://doi.org/10.26556/jesp.v20i2.1382

In this discussion of Emad Atiq's article "There are No Easy Counterexamples to Legal Anti-Positivism" I pose three challenges to his construction of an Inclusive Anti-positivism. I firstly argue that, contra Atiq, the moral facts that both ground IA... Read More about On Emad Atiq's Inclusive Anti-positivism.

Safeguarding and Teleconsultation for Abortion (2021)
Journal Article
Romanis, E. C., Parsons, J. A., Salter, I., & Hampton, T. (2021). Safeguarding and Teleconsultation for Abortion. The Lancet, 398(10299), 555-558. https://doi.org/10.1016/s0140-6736%2821%2901062-x

In response to COVID-19 and measures implemented to control virus transmission, some governments adapted abortion law and policy to ensure access to abortion care through telemedicine. In Great Britain, approval orders were issued March 30–31, 2020,... Read More about Safeguarding and Teleconsultation for Abortion.