Postnatal human genetic enhancement and the parens patriae doctrine

Forward, Gillick: Are competent children autonomous medical decision makers? New developments in Australia

Another chapter has opened in the tortured history of the status of Gillick competence. Never before has Gillick been extended to permit a mature child to make autonomous medical decisions over and above the curial 'parens patriae' power. In 2013, two judicial decisions promulgated from different Australian courts are in conflict over this most fundamental of questions. This Article situates th...

Parens Patriae and Dispositions in Juvenile Courts

This paper assesses the parens patriae orientation, which is often considered to beat the core of the operation of juvenile courts, and discovers that existing ideas concerning its role must be revised. In opposition to common theory it appears that parens patriae at best shares influence with a number of other orientations in juvenile courts, and may even no longer exist as a distinct, unified...

Civil commitment of mentally ill--right to treatment--parens patriae power--right to liberty.

The prediction of violent behavior during short-term civil commitment.

The predictive validity of the clinical judgment of dangerousness in the context of short-term civil commitment was studied prospectively by comparing the behavioral scale ratings of both verbal and physical aggression between 37 persons committed on the basis of "danger to others" versus 31 persons committed on other grounds. No statistically significant difference was found between these two ...

The bane of surrogate decision-making: defining the best interests of never-competent persons.

The medical fate of never-competent persons cannot be resolved according to the approach governing previously competent persons – surrogate focus on selfdetermination via advance instructions or projections of what the now-incompetent person would want in the circumstances. For never-competent medical patients, the commonly stated approach to surrogate decision making is best interests of the i...