Law Reports Research Articles

Midwives and clinical investigation: A review of the literature

BackgroundAn allegation of negligence or an adverse outcome during childbirth can lead to clinical investigation of a midwife’s practice. Anecdotal evidence suggests midwives find this stressful and disturbing. AimSynthesise the evidence relating to midwives’ experiences of investigation and the effects on clinical practice and personal wellbeing. MethodsTwo database searches were conducted between 2015 and 2016 to identify primary research published between 1990 and 2016. Studies were evaluated for quality using standard instruments. FindingsDespite numerous references to ‘litigation’ in peer-reviewed journals, little substantive research related specifically to midwives. 11 inclusions comprised three qualitative studies (one with two publications), reporting litigation experiences of midwives and seven quantitative studies (four research groups), identifying risk liability through cyclic surveys of midwives and law reports. Failure to identify deterioration in foetal well-being was a common finding among researchers examining reasons for litigation. Experienced midwives were at highest risk of litigation. Researchers found high levels of distress and abreaction among participants who either stopped working in birth suite or left midwifery. They also identified a level of ambiguity around defensive practices associated with fear of litigation. ConclusionThere is little research regarding experiences of midwives and clinical investigation. Midwives under investigation need appropriate support. Continuing to work during prolonged investigative processes is stressful as reported by midwives who described being “ill-equipped” and “unprepared.” Midwives in the review preferred the support of colleagues over counsellors. Educators, employers and regulators need to work collaboratively and incorporate reflective practice in targeted support.

Writing the Legal Record: Law Reporters in Nineteenth-Century Kentucky by Kurt X. Metzmeier

Writing the Legal Record: Law Reporters in Nineteenth-Century Kentucky by Kurt X. Metzmeier

Digital Affordances for Criminal Justice History

More than any other field of human endeavour, the criminal justice system has spawned a textual machine for knowing. One needs to look no further than the traditional law office or library, with its endless series of published law reports and series of statutes – both a visual claim to authority, and a form of working reference system – to understand that the criminal justice system is built on a foundation formed of its own archive. Its authority lies in recorded precedent and recorded statute; and on the secure record of arrest, trial and punishment. This authority in turn demands a uniquely sophisticated system of preservation and discovery.

Should we take the 'disability' out of discrimination laws?: Students with challenging behaviour and the definition of disability

Disability discrimination law has been of limited benefit to people with atypical and challenging behaviour. The role that law might play in upholding the equality rights of people with challenging behaviour is potentially expanded by changing medical and scientific knowledge about such behaviour, which brings more people within the definition of 'disability' and the protective ambit of the law. Yet this protective promise has not translated into legal gains, with few successful equality law cases decided in Australian courts and tribunals. This article critically examines the role of law, particularly anti-discrimination law, in regulating (or protecting) divergent behaviour, using a case study of students with challenging behaviour in Australian schools. It considers the lack of successful discrimination law cases in the education context, and asks whether, given this seeming legislative failure, disability discrimination laws have anything left to offer school students in terms of protecting their equality rights. The article gives an overview of anti-discrimination complaints and cases brought by students with challenging behaviour. It includes interview data from State and federal anti-discrimination bodies, legal practitioners and disability activists to complement case law and other public reports of discrimination. Using this background data, the article considers whether current discrimination law models do enough to protect the rights of students with challenging behaviour to education and inclusion in public life or whether new legal and policy measures are needed. It specifically examines changes to the regulatory landscape, including the Convention on the Rights of Persons with Disability, and whether there are any real prospects for law reform.

For Monoclonal Antibodies, Compliance with the Written Description Requirement Has Become a Moving Target

Biotechnology Law ReportVol. 36, No. 6 Holman ReportFor Monoclonal Antibodies, Compliance with the Written Description Requirement Has Become a Moving TargetChristopher M. HolmanChristopher M. HolmanSearch for more papers by this authorPublished Online:1 Dec 2017https://doi.org/10.1089/blr.2017.29043.cmhAboutSectionsView articleView Full TextPDF/EPUB Permissions & CitationsPermissionsDownload CitationsTrack CitationsAdd to favorites Back To Publication ShareShare onFacebookTwitterLinked InRedditEmail View articleFiguresReferencesRelatedDetailsCited byAmgen v. Sanofi: The Supreme Court Takes up the Enablement Requirement in the Context of Therapeutic Monoclonal Antibodies Christopher M. Holman15 December 2022 | Biotechnology Law Report, Vol. 41, No. 6How a Dosage Regimen Patent for RRMS Treatment May Satisfy the Written Description Requirement—A Lesson from Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc. PING-HSUN CHEN11 October 2022 | Biotechnology Law Report, Vol. 41, No. 5Enablement Invoked as a “Super-Written Description Requirement” to Overturn $2.5 Billion Jury Verdict Christopher M. Holman1 April 2018 | Biotechnology Law Report, Vol. 37, No. 2 Volume 36Issue 6Dec 2017 InformationCopyright 2017, Mary Ann Liebert, Inc.To cite this article:Christopher M. Holman.For Monoclonal Antibodies, Compliance with the Written Description Requirement Has Become a Moving Target.Biotechnology Law Report.Dec 2017.273-283.http://doi.org/10.1089/blr.2017.29043.cmhPublished in Volume: 36 Issue 6: December 1, 2017PDF download

Infidels in English Legal Thought: Conquest, Commerce, and Slavery in the Common Law from Coke to Mansfield, 1603-1793

English common law reports are dense with ideas. Yet they remain mostly untapped by intellectual historians. This article reveals how intellectual history can engage with law and jurisprudence by following the notion that (specifically non-Christian individuals) deserved to receive exceptional treatment within England and across the globe. The starting point is Sir Edward Coke: he suggested that infidels could be conquered and constitutionally nullified, that they could be traded with only at the discretion of the monarch, and he confirmed their incapacity to enjoy full access to the common law. This article uncovers how each of these assertions influenced the development of the imperial constitution in the seventeenth and eighteenth centuries, when it came to war, trade and slavery. Identifying each of the major moves away from Coke's prejudices, this article argues that sometimes common lawyers responded to political change, but at other times anticipated it.

INFIDELS IN ENGLISH LEGAL THOUGHT: CONQUEST, COMMERCE AND SLAVERY IN THE COMMON LAW FROM COKE TO MANSFIELD, 1603–1793

English common law reports are dense with ideas. Yet they remain mostly untapped by intellectual historians. This article reveals how intellectual history can engage with law and jurisprudence by following the notion that “infidels” (specifically non-Christian individuals) deserved to receive exceptional treatment within England and across the globe. The starting point is Sir Edward Coke: he suggested that infidels could be conquered and constitutionally nullified, that they could be traded with only at the discretion of the monarch, and he confirmed their incapacity to enjoy full access to the common law. This article uncovers how each of these assertions influenced the development of the imperial constitution in the seventeenth and eighteenth centuries, when it came to war, trade and slavery. Identifying each of the major moves away from Coke's prejudices, this article argues that sometimes common lawyers responded to political change, but at other times anticipated it.

Law Reporting in England 1550–1650

AbstractEnglish law reports between 1550 and 1650 seem far more accessible today than the “year books” that preceded them. This is not because they were produced differently, for a different readership or by a different kind of reporter, but because the legal system itself had changed. We also encounter in the Tudor period the first reports written by eminent lawyers, two of whom (Plowden and Coke) saw a selection of them through the press in their lifetimes. Recent editorial work on the better reports has revealed something of the way they were compiled, and also of what was omitted when contemporary notes were turned into printed volumes.Coke's reports are the most famous, traditionally cited simply as The Reports. Work has just begun on an edition of the underlying notebooks (first discovered just forty years ago), which will probably require at least six volumes. Coke's reporting style was controversial, and his alleged subjectivity was seized upon by Francis Bacon as one of the grounds for bringing him down in 1616. However, Bacon's scheme of 1617 to engage professional reporters, paid by the crown, seems to have collapsed after a few years. Law reporting was thus to remain a matter of private initiative until the end of the eighteenth century, and many of the best reports – even those written by judges – have still not been published. Anyone seeking to trace the evolution of a legal doctrine or practice before about 1700 must regard manuscript reports as an essential recourse.

Selected Developments in Biotechnology Law and the Biotechnology Industry

Biotechnology Law ReportVol. 36, No. 5 News BriefsSelected Developments in Biotechnology Law and the Biotechnology IndustrySteven J. ZweigSteven J. ZweigSearch for more papers by this authorPublished Online:1 Oct 2017https://doi.org/10.1089/blr.2017.29039.sjzAboutSectionsView articleView Full TextPDF/EPUB Permissions & CitationsPermissionsDownload CitationsTrack CitationsAdd to favorites Back To Publication ShareShare onFacebookTwitterLinked InRedditEmail View article"Selected Developments in Biotechnology Law and the Biotechnology Industry." Biotechnology Law Report, 36(5), pp. 215–216FiguresReferencesRelatedDetails Volume 36Issue 5Oct 2017 InformationCopyright 2017, Mary Ann Liebert, Inc.To cite this article:Steven J. Zweig.Selected Developments in Biotechnology Law and the Biotechnology Industry.Biotechnology Law Report.Oct 2017.215-216.http://doi.org/10.1089/blr.2017.29039.sjzPublished in Volume: 36 Issue 5: October 1, 2017PDF download

A living customary law of commercial contracting in South Africa: some law-related hypotheses

Inspired by calls to ‘decolonise’ South African law and legal education, this paper will posit some hypotheses as to the nature of a living customary law of commercial contracting from the perspectives of two South African contract law teachers. An account of the commercial format of customary contracting is largely absent from the law reports and leading legal textbooks in this country. The dominant narrative in existing legal sources, however, (which may be stereotyped), is of African communalism prevailing in customary contract practice. This is reflected, for example, in the discourse on ‘ubuntu’, which is being used at present as a vehicle for the constitutional transformation of the South African common law of contract. Other existing empirical accounts from discourses such as economics and anthropology also suggest, however, that contracting in indigenous African communities rests on notions of trust and community. This is reinforced by the existence of informal township dispute resolution structures. We will thus posit a central hypothesis that customary commercial contracting is relational in nature, using an inter-disciplinary literature review and drawing on the lived experiences of the authors. Other related hypotheses will also be developed. Ultimate truth here is a matter for future empirical study.

John Vincent’s Reading at Gray’s Inn, 1668/9, on the Merchants’ Assurances Act 1601

ABSTRACTIn Lent Term 1668/9, John Vincent, a bencher of Gray’s Inn, gave a reading on the Merchants’ Assurances Act 1601 (43 Eliz. I, c.12). The notes of the law reporter, Joseph Keble, record this observance of the centuries-old tradition of readings, which was destined to expire within the next two decades. This paper situates Vincent’s reading within the changing tradition of readings in the seventeenth century. It highlights the role readings continued to play in disseminating sophisticated legal learning, particularly in relation to newer areas of practice such as marine insurance, which were largely uninformed by statute, common law precedent or reference works, and would have been difficult to master through book-study alone. It examines a selection of issues discussed during the reading, focussing on legal outcomes grounded in the ‘customs’, usages, practices and understandings of merchants, and illustrating how these were perceived as exceptional by comparison to the ordinary rules of the common law. The nature and jurisdiction of London’s court of assurances, reconstituted and empowered by the 1601 Act, are also discussed. More generally, this paper demonstrates the value of post-Restoration readings for historians of English law in the late seventeenth century.

Os registros das aulas de instrução pública na Cidade do Príncipe nos Relatórios Provinciais de 1870 a 1889: um olhar sobre a educação escolar seridoense

O objetivo deste trabalho é apresentar uma amostra a respeito da instrução pública na Cidade do Príncipe, realizada a partir das informações disponibilizadas nos Relatórios Provinciais da Província do Rio Grande do Norte no período que corresponde de 1870 a 1889, anos finais do Império. Metodologicamente realizamos uma pesquisa bibliográfica, debruçando-nos em escritos de autores clássicos da história como Dermeval Saviani e José Ricardo Pires de Almeida; autores que estudam a região do Seridó em seus distintos aspectos, inclusive educacionais, como Muirakytan K. de Macêdo, Olavo Medeiros Filho e Olívia Medeiros Neta; teses e dissertações; outras fontes escritas como Legislação e Relatórios Provinciais. Com esse levantamento de bibliografia e fontes, os dados foram cruzados e isto nos permitiu uma percepção, embora inicial, do cenário educacional escolar no Seridó. Nesse levantamento foi possível perceber que o estimulo da instrução pública na região ainda era algo pouco fomentado diante dos registros encontrados nos Relatórios. Portanto, as primeiras impressões percebidas destacam que a educação na região da Cidade do Príncipe, no período pesquisado, ainda era predominantemente baseada nos ensinamentos dos preceitos morais e na Doutrina Cristã.

Use of the uncrc in Family Law Cases in England and Wales

This article presents quantitative and qualitative findings of an analysis of 130 domestic family law cases in England and Wales reported in the Family Law Reports in which, as of April 2017, the uncrc had been cited. Data are presented on the scope and frequency of citation of Articles of the uncrc, together with an analysis of the various ways in which the uncrc has been used in the case law.

Writing the Legal Record: Law Reporters in Nineteenth-Century Kentucky

Writing the Legal Record: Law Reporters in Nineteenth-Century Kentucky

Medicines Co. v. Mylan, Inc.United States Court of Appeals of the Federal Circuit, 2017853 F.3d 1296

Biotechnology Law ReportVol. 36, No. 3 Case in PointAs presented by Chris HolmanMedicines Co. v. Mylan, Inc.United States Court of Appeals of the Federal Circuit, 2017853 F.3d 1296Published Online:1 Jun 2017https://doi.org/10.1089/blr.2017.29015.medAboutSectionsView articleView Full TextView EPUB Permissions & CitationsPermissionsDownload CitationsTrack CitationsAdd to favorites Back To Publication ShareShare onFacebookTwitterLinked InRedditEmail View article"Medicines Co. v. Mylan, Inc.United States Court of Appeals of the Federal Circuit, 2017853 F.3d 1296." Biotechnology Law Report, 36(3), pp. 127–133FiguresReferencesRelatedDetails Volume 36Issue 3Jun 2017 InformationCopyright 2017, Mary Ann Liebert, Inc.To cite this article:Medicines Co. v. Mylan, Inc.United States Court of Appeals of the Federal Circuit, 2017853 F.3d 1296.Biotechnology Law Report.Jun 2017.127-133.http://doi.org/10.1089/blr.2017.29015.medPublished in Volume: 36 Issue 3: June 1, 2017

Reflection of Translation Theory in Teaching Practical Translation: Legal Translation as Case Analysis

This paper discusses the applicability of translation theory in teaching practical translation. It examines the Chinese translation of an English legal judgment “Attorney General v Lee Kwong-kut and Attorney General v Lo Chak-man and another”(Hong Kong Public Law Reports, 1993) by the Privy Council. It combines the source-text analysis with translation strategies from the perspective of semantics, syntax and register, in order to discuss how theories can be applied in real-life legal translation setting. The source text contains distinctive examples of legalese, convoluted sentence structure and honorific addresses specific to Anglo legal context. The Chinese translation is challenging as to how to cope with the linguistic and cultural differences, and most significantly, how to carry over the central meanings while retaining the equivalent effect and the authenticity of a legal judgment. Furthermore, this paper is based on the author’s teaching experiences, and will refer to the syllabuses and curriculum design of the “Programme Intended Learning Outcomes” and the “Course Intended Learning Outcomes”. It demonstrates the applicable value of translation theory, and how practical translation can be taught with theoretical explanation and vice versa.Translation bases on practice, all kinds of theories area guideline to be applied.

Reflection of Translation Theory in Teaching Practical Translation: Legal Translation as Case Analysis

This paper discusses the applicability of translation theory in teaching practical translation. It examines the Chinese translation of an English legal judgment “Attorney General v Lee Kwong-kut and Attorney General v Lo Chak-man and another”(Hong Kong Public Law Reports, 1993) by the Privy Council. It combines the source-text analysis with translation strategies from the perspective of semantics, syntax and register, in order to discuss how theories can be applied in real-life legal translation setting. The source text contains distinctive examples of legalese, convoluted sentence structure and honorific addresses specific to Anglo legal context. The Chinese translation is challenging as to how to cope with the linguistic and cultural differences, and most significantly, how to carry over the central meanings while retaining the equivalent effect and the authenticity of a legal judgment. Furthermore, this paper is based on the author’s teaching experiences, and will refer to the syllabuses and curriculum design of the “Programme Intended Learning Outcomes” and the “Course Intended Learning Outcomes”. It demonstrates the applicable value of translation theory, and how practical translation can be taught with theoretical explanation and vice versa.Translation bases on practice, all kinds of theories area guideline to be applied.

Revised 'Common Rule' Shapes Protections For Research Participants.

Investigators and institutions have begun to prepare for new federal protections of study participants set to take effect in 2018.

Francis Bacon’s ‘Speech on a Case of Deer-Stealing’

The editor of the nineteenth-century edition of The Letters and the Life of Francis Bacon included a report of a speech by Bacon concerning illegal hunting in parks.1 The text was accurately reproduced from a manuscript in the British Library.2 That manuscript lacked context and dated the speech simply as given on 23 October. Spedding conjectured that the speech was by Bacon as Attorney-General, prosecuting in the Star Chamber on 23 October 1614, on the basis of instructions sent to Bacon in that year.3 Another report of the speech has been discovered, in a collection of Star Chamber reports in the Folger Shakespeare Library.4 The collection is associated with the barrister and law reporter Francis Moore, but it is not clear if he is the author. It is likely that the manuscript used for the nineteenth century printing extracted the speech from this or another larger collection of Star Chamber reports. No other collection of reports has been found to include Bacon’s speech, although several do include many of the cases in the Folger manuscript.5

The Corpus of Historical English Law Reports 1535–1999 (CHELAR): A resource for analysing the development of English legal discourse

The Corpus of Historical English Law Reports 1535–1999 (CHELAR): A resource for analysing the development of English legal discourse