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All Outputs (21)

Pregnancy and severe mental illness: Birth choices, best interests and the untapped potential of advance decisions (2023)
Journal Article
Halliday, S. (2024). Pregnancy and severe mental illness: Birth choices, best interests and the untapped potential of advance decisions. Medical Law International, 24(1), 14-53. https://doi.org/10.1177/09685332231215403

Choice is a central tenet of maternity care; its importance is emphasised in policy documents, clinical guidelines, and the law. However, the lived experience is often rather different and that is particularly the case in the context of pregnant wome... Read More about Pregnancy and severe mental illness: Birth choices, best interests and the untapped potential of advance decisions.

The (mis)use of fetal viability as the determinant of non-criminal abortion in the Netherlands and England and Wales (2023)
Journal Article
Halliday, S., Romanis, E. C., De Proost, L., & Verweij, E. (. (2023). The (mis)use of fetal viability as the determinant of non-criminal abortion in the Netherlands and England and Wales. Medical Law Review, https://doi.org/10.1093/medlaw/fwad015

Time plays a fundamental role in abortion regulation. In this article, we compare the regulatory frameworks in England and Wales and the Netherlands as examples of the centrality accorded to viability in the determination of the parameters of non-cri... Read More about The (mis)use of fetal viability as the determinant of non-criminal abortion in the Netherlands and England and Wales.

Maintaining the criminal prohibition of abortion as a means of protecting women: alternative facts and realities in reproductive law and policy (2020)
Book Chapter
Halliday, S. (2020). Maintaining the criminal prohibition of abortion as a means of protecting women: alternative facts and realities in reproductive law and policy. In A. Sinn, P. Hauck, M. Nagel, & L. Woerner (Eds.), Populismus und alternative Fakten. (Straf-)Rechtswissenschaft in der Krise? Abschiedskolloquium fuer Walter Gropp (105-126). (1). Mohr Siebeck. https://doi.org/10.1628/978-3-16-159263-8

Using Harry Potter to enhance the critical appreciation of law or questioning whether the rule of law is as much a reality as the crumpled horned snorkack (2019)
Book Chapter
Halliday, S., & Jarvis, C. (2019). Using Harry Potter to enhance the critical appreciation of law or questioning whether the rule of law is as much a reality as the crumpled horned snorkack. In C. Jarvis, & P. Gouthro (Eds.), Professional Education with Fiction Media: Imagination for Engagement and Empathy in Learning (93 - 106). (1). Springer Verlag

Protecting Human Dignity: Reframing the Abortion Debate to Respect the Dignity of Choice and Life (2016)
Journal Article
Halliday, S. (2016). Protecting Human Dignity: Reframing the Abortion Debate to Respect the Dignity of Choice and Life. Contemporary Issues in Law, 13(4), 287-322

This article sets out an alternative framework for viewing and regulating the unique biological state that is pregnancy, by reference to the protection of human dignity. It focusses upon the context of abortion, arguing that reproductive exceptionali... Read More about Protecting Human Dignity: Reframing the Abortion Debate to Respect the Dignity of Choice and Life.

Advance decisions and the Mental Capacity Act (2009)
Journal Article
Halliday, S. (2009). Advance decisions and the Mental Capacity Act. British Journal of Nursing, 18(11), 697 - 699

This article critically considers the impact of the Mental Capacity Act upon patient autonomy and the ability to make an advance decision that will bind health care professionals. It considers the significant hurdles erected in the Act, concluding th... Read More about Advance decisions and the Mental Capacity Act.

User and carer involvement in child and adolescent mental health services – a Norwegian staff perspective (2009)
Journal Article
Richter, J., Halliday, S., Grømer, L., & Dybdahl, R. (2009). User and carer involvement in child and adolescent mental health services – a Norwegian staff perspective. Administration and Policy in Mental Health and Mental Health Services Research, 36, 265 - 277

This article considers the nature of user involvement (mandated by the Norwegian Health Laws 2001, as amended), presenting the results of an empirical study whereby the Consumer Participation Questionnaire was modified for use by Norwegian CAMHS (chi... Read More about User and carer involvement in child and adolescent mental health services – a Norwegian staff perspective.

Regulating active voluntary euthanasia: what can England & Wales learn from Belgium and the Netherlands? (2005)
Book Chapter
Halliday, S. (2005). Regulating active voluntary euthanasia: what can England & Wales learn from Belgium and the Netherlands?. In A. Garwood-Gowers, J. Tingle, & K. Wheat (Eds.), Contemporary Issues in Healthcare Law and Ethics (269 - 301). (1). Elsevier

This chapter considers the regulation of active voluntary euthanasia in Belgium and the Netherlands, analysing the Dutch and Belgian Acts and the context in which they operate. It is argued that the current law pertaining to end-of-life decision-maki... Read More about Regulating active voluntary euthanasia: what can England & Wales learn from Belgium and the Netherlands?.

A comparative approach to the regulation of human embryonic stem cell research in Europe (2004)
Journal Article
Halliday, S. (2004). A comparative approach to the regulation of human embryonic stem cell research in Europe. Medical Law Review, 12, 40 - 69. https://doi.org/10.1093/medlaw/12.1.40

This article analyses the regulatory responses to human embryonic stem cell research adopted in England & Wales, the Netherlands and Germany. It is suggested that despite the widely diverging cultural, political and economic views found within the Eu... Read More about A comparative approach to the regulation of human embryonic stem cell research in Europe.

The Regulated Gene: New Legal Dilemmas’ (2004)
Journal Article
Halliday, S., & Steinberg, D. L. (2004). The Regulated Gene: New Legal Dilemmas’. Medical Law Review, 12, 2 - 13. https://doi.org/10.1093/medlaw/12.1.2

This article considers genetic exceptionalism and the law, seeking to address the unparalleled questions for law raised by the advent of genetics, including what role should the law play; which interests should the law reflect; and should law react t... Read More about The Regulated Gene: New Legal Dilemmas’.

A comparative analysis of some of the legal parameters of the right to life and the right to privacy in the regulation of abortion (2003)
Book Chapter
Halliday, S. (2003). A comparative analysis of some of the legal parameters of the right to life and the right to privacy in the regulation of abortion. In J. McEldowney, & G. Weick (Eds.), Human Rights in Transition (85 - 105). Peter Lang

This chapter considers the manner in which the constitutional rights to life and to privacy (autonomy) have been construed in relation to abortion in the Federal Republic of Germany, facilitating the drawing of conclusions about the ways in which the... Read More about A comparative analysis of some of the legal parameters of the right to life and the right to privacy in the regulation of abortion.

Decision - Making At The End Of Life and The Incompetent Patient: A Comparative Approach (2003)
Journal Article
Halliday, S., & Witteck, L. (2003). Decision - Making At The End Of Life and The Incompetent Patient: A Comparative Approach. Medicine and law, 22, 533-542

This article adopts a comparative approach to assessing the manner in which decisions to withdraw/withhold life-prolonging treatment are made in relation to previously competent patients without a legally effective advance directive or a proxy decisi... Read More about Decision - Making At The End Of Life and The Incompetent Patient: A Comparative Approach.

Die Regelung von Nichtaufnahme und Abbruch einer medizinischen Behandlung am Lebensende in Deutschland und England. (2002)
Journal Article
Halliday, S., & Witteck, L. (2002). Die Regelung von Nichtaufnahme und Abbruch einer medizinischen Behandlung am Lebensende in Deutschland und England. Juristenzeitung (Tübingen), 15/16, 752 - 763

This article analyses the law relating to withholding and withdrawing life-prolonging medical treatment in Germany and England & Wales. Recent case law from both jurisdictions is considered and contrasted with jurisprudence from the United States of... Read More about Die Regelung von Nichtaufnahme und Abbruch einer medizinischen Behandlung am Lebensende in Deutschland und England..

Herausgabenansprüche des Besitzers: BGH 11 November 1997, JZ 1998, 685 (2000)
Journal Article
Halliday, S. (2000). Herausgabenansprüche des Besitzers: BGH 11 November 1997, JZ 1998, 685. European Review of Private Law, 499 - 506

Considers the circumstances in which a tortfeasor may incur liability for psychiatric injury, drawing comparisons between the law in the Federal Republic of Germany and England & Wales.

But which interpretation favours the consumer? - The use of regulation six of the Unfair Terms in Consumer Contracts Regulations 1994 (1997)
Journal Article
Macdonald, E., & Halliday, S. (1997). But which interpretation favours the consumer? - The use of regulation six of the Unfair Terms in Consumer Contracts Regulations 1994. Consumer & commercial contracts, 9 - 11

The EC directive on unfair terms in consumer contracts represents a novel approach to controlling consumer contracts in England and Wales, but is heavily influenced by the Allgemeinen Geschäftsbedingungen Gesetz (the German Law of Standard Contract T... Read More about But which interpretation favours the consumer? - The use of regulation six of the Unfair Terms in Consumer Contracts Regulations 1994.