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Full-Text Articles in Law
Physicians' Attitudes, Concerns, And Procedural Understanding Of Medical Aid-In-Dying In Vermont, Teresa Ditommaso, Ari P. Kirshenbaum, Brendan Parent
Physicians' Attitudes, Concerns, And Procedural Understanding Of Medical Aid-In-Dying In Vermont, Teresa Ditommaso, Ari P. Kirshenbaum, Brendan Parent
Dalhousie Law Journal
The general purpose of the current study was to collect data on physicians' attitudes towards Act 39, the medical aid-in-dying act that was legislatively approved in 2013. Given the recent nature of the implementation of Act 39, this is the first such study to be conducted in the State of Vermont. The survey was quantitative in nature and addressed three distinct aspects of legalized prescribing of life-ending medication, these being physicians': (I) attitudes regarding ethics and legality of Act 39, (11)understandings of the policies and procedural requirements under the law, including their belief in legal immunity from penalty, and (I1) …
Modernizing The Canada Health Act, Colleen M. Flood, Bryan Thomas
Modernizing The Canada Health Act, Colleen M. Flood, Bryan Thomas
Dalhousie Law Journal
The Canada Health Act (CHA) was adopted in 1984, to shore up a health-care system conceptualized in the 1960s. Under the CHA, universal coverage is limited to "medicallynecessary" hospital and physician services, to the exclusion of vital goods and services such as outpatient pharmaceuticals, dental care, long-term care, and many mental health services. Inequities resulting from these gaps in public coverage are partly to blame for pushing Canada's health system to the bottom ofrecent international rankings. But there is more to modernizing Canada s health care system, we argue, than filling these gaps in universal coverage. Every major health system …
Agonizing Identity In Mental Health Law And Policy (Part Ii):A Political Taxonomy Of Psychiatric Subjectification, Sheila Wildeman
Agonizing Identity In Mental Health Law And Policy (Part Ii):A Political Taxonomy Of Psychiatric Subjectification, Sheila Wildeman
Dalhousie Law Journal
This is the second part of a two-part essay exploring the function of identity in mental health law and policy or more broadly the function of identity in the politics of mental health. Part one began with the Foucauldian exhortation to undertake a "critical ontology of ourselves," and adopted the methodology of autoethnography to explore the construction or constructedness of the authors identity as an expert working in the area of mental health law and policy. That part concluded with a gesture of resistance to identification on one or the other side of the mental health/ illness divide (the divide …
Agonizing Identity In Mental Health Law And Policy (Part I), Sheila Wildeman
Agonizing Identity In Mental Health Law And Policy (Part I), Sheila Wildeman
Dalhousie Law Journal
In this two-part paper, the author explores the significance of identity in mental health law and policy In this as in other socio-legal domains, identity functions to consolidate dissent as well as to effect social control. The author asks: where do legal experts stand in relation to the identity categories that run so deep in this area oflaw and policy? More broadly, she asks: is "mentalhealth" working on uson the mental health disabled, legal scholars, all of us-in ways that are impairing our capacity for socialjustice? In the first part of the paper, the author considers the Foucauldian exhortation to …
Law And Mental Health: A Relationship In Crisis?, Sheila Wildeman
Law And Mental Health: A Relationship In Crisis?, Sheila Wildeman
Dalhousie Law Journal
What is the significance of the rule of law to the area of professional knowledge and practice that is "mental health"-or to the interaction of those two aspirational, one might say euphemistically-named social systems: the mental health and justice systems? This question centres upon the rule of law-specifically, I suggest (as I relate further in closing), a thick conception of the rule of law grounded in an ideal of state-subject reciprocity-and not, or not directly, upon the individual and social good ofhealth. It is this overarching question that I wish to pursue in setting the stage for the two lectures …
Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin
Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin
Dalhousie Law Journal
In this lecture, I offer some thoughts on a medical/legal issue that is old, yet perennially pertinent; that is common, yet extraordinary; that is wellknown, yet all too often swept under the carpet. I refer to the issue-or more accurately the plethora of issues-that surround mental health and the law.
"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick
"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick
Dalhousie Law Journal
When I embarked on my journey at the Hyde Inquiry I really felt I knew nothing. The place I came to know for the first time, at the end, was a place I had really not known before. I was taken there by the narratives that made up the threads of the Inquiry and it is some of these narratives I am going to discuss here.