Publications, Papers Given and Esteem Indicators PUBLICATIONS Books: N. Hoppe and J. Miola, Medical Law and Ethics (Cambridge, Cambridge University Press, 2014) ISBN 9781107612372 305pp J. Miola, Medical Ethics and Medical Law A Symbiotic Relationship (Oxford, Hart, 2007) ISBN 9781841135083 248pp. Articles and book chapters (all peer reviewed): 2014 J. Miola, Dementia and Proxy Decision-Making in I. Doron, C. Foster and J. Herring, Dementia: Law and Ethics (Oxford, Hart, 2014) forthcoming, 5,000 words approx. 2013 J. Miola, The Impact of the Loss of Deference to the Medical Profession in A. Alghrani, R. Bennett and S. Ost (eds), Bioethics, Medicine and the Criminal Law: The Criminal Law and Bioethical Conflict: Walking The Tightrope (Cambridge, Cambridge University Press, 2013) pp 220-235 2012 D. Gurnham and J. Miola, Reproduction, Rights and the Welfare Interests of Children: The Times They Aren t A-Changin (2012) King's Law Journal 29-50 J. Miola, The Standard of Care in Medical Negligence Still Reasonably Troublesome in J. Richardson and E. Rackley (eds), Feminist Perspectives on Tort Law (London, Routledge, 2012), pp 126-44 2011 J. Coggon and J. Miola, Autonomy, Liberty and Medical Decision Making (2011) Cambridge Law Journal, 523-47
J. Miola, Law, Ethics and Human Tissue Research - Integration or Competition? in K. Beier and C. Lenk (eds), Human Tissue Research A European Perspective on the Ethical and Legal Challenges (Oxford, Oxford University Press, 2011), pp 79-86 J. Miola, The Tort of Negligence and Patient Safety, in J. Tingle and P. Bark (eds), Patient Safety, Law, Policy and Practice (London, Routledge, 2011), pp 41-52 S. Fovargue and J. Miola, The Key Changes Introduced by the Human Fertilisation and Embryology Act 2008 (2011) 6(4) Clinical Ethics 162-6 S. Fovargue and J. Miola, The EU Directive on Organ Donation and Transplantation (2011) 6(3) Clinical Ethics 117-121 S. Fovargue and J. Miola, Assessing and Detaining Those Who are Mentally Disordered Under the MHA 1983 and the MCA 2005: Part 2 (2011) 6(2) Clinical Ethics 64-7 S. Fovargue and J. Miola, Assessing and Detaining Those Who are Mentally Disordered Under the MHA 1983 and the MCA 2005: Part 1 (2011) 6(1) Clinical Ethics 11-14 J. Miola, Why I Wrote Medical Ethics and Medical Law: A Symbiotic Relationship (2011) 6(1) Clinical Ethics 52-4 2010 J. Hartshorne and J. Miola, Expert Evidence: Difficulties and Solutions in Prosecutions for Infant Harm (2010) 30(2) Legal Studies 279-300 S. Fovargue and J. Miola, One Step Forward, Two Steps Back? The GMC, the Common Law and 'Informed' Consent (2010) 36(8) Journal of Medical Ethics 494-7 S. Fovargue and J. Miola, The Best Interests Principle and the Treatment of Adults Without Capacity in England and Wales (2010) 5(4) Clinical Ethics 180-3
S. Fovargue and J. Miola, The Legal Status of the Foetus (2010) 5(3) Clinical Ethics 122-4 S. Fovargue and J. Miola, Research and Adults Without Capacity (2010) 5(2) Clinical Ethics 63-6 S. Fovargue and J. Miola, How Much Information is 'Enough'? (2010) 5(1) Clinical Ethics 13-15 2009 J. Miola, On the Materiality of Risk Paper Tigers and Panaceas (2009) 17 Medical Law Review 76-108 J. Miola, Nursing, Negligence and the Standard of Care What is Reasonable Conduct? (2009) 17 British Journal of Nursing 756-7 J. Miola, Informed Consent and the Rise of Autonomy (2009) 17 British Journal of Nursing 504-6 2008 J. Miola, Owning Information: Anonymity, Confidentiality and Human Rights (2008) 3 Clinical Ethics 116-120. 2006 J. Miola, The Need for Informed Consent Lessons from the Ancient Greeks (2006) 15(2) Cambridge Quarterly of Healthcare Ethics 152-60. J. Miola, Autonomy Rued OK? (2006) 14(1) Medical Law Review 108-114 J. Hartshorne and J. Miola, Expert Witnesses and the Search for Justice A UK Perspective in S. M. Sturt (ed), New Developments in Child Abuse Research (New York, Nova Scientific Publishers, 2006) pp 95-112 J. Miola, The Interaction of Medical Law and Medical Ethics (2006) 1(1) Clinical Ethics 22-25
2004 J. Miola, Medical Law and Medical Ethics: Complementary or Corrosive? (2004) 6 Medical Law International 251-274 28. J. McHale and J. Miola, Liability for and Insurability of Research Involving Human Subjects Under English Law Health Law Aspects in J. Dute, M. Faure, H. Koziol (eds.) Liability for and Insurability of Biomedical Research Involving Human Subjects in a Comparative Perspective (Springer 2004) pp 28-48 J. Miola, Mistakes, Mix Ups and Moral Judgments Recent Developments in UK Law on Assisted Conception (2004) 12(1) Feminist Legal Studies 67-77 J. Miola, Medicine and the Law (2004) The Lancet (2004) 364 (S1) 48-9 J. Miola, Non-Accidental Injury in Children: Making Sense of the Courts (2004) 364 The Lancet 228-30 2003 M. Brazier and J. Miola, Bye Bye Bolam: A Medical Litigation Revolution in F. Miller (ed) Rights and Resources (Ashgate, 2003) pp 67-96 2001 J. Miola, The Future of the Bolam Test (2001) 7(4) Health Care Risk Report 11-12 M. Tweed and J. Miola, The Legal Vulnerability of Assessment Tools (2001) 23(3) Medical Teacher 312-313 2000 M. Brazier and J. Miola, Bye Bye Bolam: A Medical Litigation Revolution? (2000) 8 Med. L. Rev. 84-115 M. Davies and J. Miola, Medical Practice and Professional Liability in R. Hodgin (ed) Professional Liability: Law and Insurance (2nd Edition, Lloyds Press, 2000) pp 659-718
1998 S. Fovargue and J. Miola, Policing Pregnancy - Implications of Attorney-General s Reference (No. 3 of 1994) (1998) 6(3) Med. L. Rev. 265-296 Review Articles /Book Reviews/Editorials: H. Biggs, S. Ost, S. Fovargue and J. Miola, A Tribute to Professor David Price, 1954-2012 (2012) 20(2) Medical Law Review 189-90 H. Biggs, S. Ost, S. Fovargue and J. Miola, Editorial (2012) 20(1) Medical Law Review 6-7 J. Miola, Review of Kenneth Veitch, The Jurisdiction of Medical Law (Aldershot, Ashgate, 2007) (2009) 17 Medical Law Review 113-118 J. Miola, Editorial (2006) 1(4) Clinical Ethics 194 J. Miola, Review of Sheena Meredith, Policing Pregnancy: The Law and Ethics of Obstetric Conflict (Aldershot, Ashgate, 2005) (2007) 21 International Journal of Law, Policy and the Family 128-33 J. Miola, A. Merry and A. McCall Smith, Errors, Medicine and the Law (CUP, Cambridge, 2001) (2003) 14 Journal of Forensic Psychiatry and Psychology 216-225 J. Miola, Margaret Otlowski, Voluntary Euthanasia and the Common Law (OUP, Oxford, 2000) (2002) 28 Journal of Medical Ethics 277-8 J. Miola, Jonathan Montgomery, Health Care Law (Clarendon Press, Oxford, 1997) (1998) 61(2) Modern Law Review 292 PAPERS GIVEN Autonomy and Consent Lincolnshire Hospitals Medical Ethics Conference, Sleaford, April 2014
Who s in Charge? The Relationship Between Medical Law, Medical Ethics and Medical Morality Staff Seminar, School of Law, University of Sheffield, March 2014 Consent, Confidentiality and Incidental Findings Dept of Clinical Genetics, University of Birmingham, February 2014 Law, Ethics and Morals Constructing a Typology of Decision-Making Leibniz University Hannover, November 2013 Chaired Session at Law and Regulation of New Health Technologies: Religion, Faith, belief and the Scientific Imperative - Reconciling the Irreconcilable? - David Price Memorial Seminar series, Birmingham University, September 2013 Human Tissue, Autonomy and English Law Fraunhofer Institute, Stuttgart, April 2013 Ethics, Law, Guidance and Decision-Making David Price Memorial Seminar Series, Issues of Faith and Belief at the End of Life, University of Leicester, April 2013. Making Ethical Decisions in a Legal World Genethics Club Plenary Address, February 2013. Blimey, Surely There s a Law Against That Defining Decisions as Ethical or Legal Norfolk and Norwich Medico-Legal Society, September 2012. Respect for the individual Mid Trent Critical Care Network Annual Conference, November 2011 Advance Decision-Making at the End of Life: Pathways and Problems University of Bristol, September 2011 Refusing Life Saving Medical Treatment An English Perspective University of Florence, May 2011.
The Australianisation of English Law on Informed Consent Causes and Effects University of Florence, May 2011 The Development of the Legal Definition of Informed Consent Lincolnshire Medical Ethics Conference, Grantham, March 2011. Legal Issues in Consent (Paper) and Legal Issues in Clinical Research (Workshop leader) Clinical Contract Research Association Annual Training Conference, Robinson College, Cambridge, September 2009 Privacy, Confidentiality, Anonymisation and Human Rights A UK Lawyer's Perspective at Privacy, Confidentiality and Personality Rights in Biobanking and Genetic Research with Human Tissue Conference, Georg-August-Universitat, Goettingen, July 2009. Is There an Autonomy Backlash? at Exploring Health Care Law s Recognition of Autonomy and Rights Conference, University of Lancaster, March 2009. The Human Tissue Act 2004 Responding to Medical Scandal Tiss.EU First International Conference: Rights and Entitlements in Human Tissue and Cells Conference, Leibniz University, Hannover, Germany, November 2008. Consequences, Retribution and Deference at AHRC Conference on The Impact of the Criminal Process on Health Care Ethics and Practice, University of Manchester, November 2008 (with Amel Alghrani and Margot Brazier). Consent at Trent Regional SPR Training Day, Leicester Royal Infirmary, October 2008. Legal Issues in Consent (Paper) and Legal Issues in Clinical Research (Workshop leader) Clinical Contract Research Association Annual Training Conference, Robinson College, Cambridge, September 2008. The Counter-Productive Effects of Ethical Discourse Keele University Royal Institute of Philosophy Seminar Series February 2008.
Bolitho 10 Years On Velvet Revolution or Bloodbath? - Birmingham University, Institute of Medical Law, November 2007. Too Many Cooks: The Counter-Productive Effects of Ethical Discourse - University of Liverpool, Institute of Medicine, Law and Bioethics, November 2007. On the Materiality of Risk Paper Tigers and Panaceas - Staff Seminar at the University of Dundee October 2007. Chaired Session at Children and Research Modern Law Review funded seminar at the University of Lancaster, September 2007. Medical Law, Medical Ethics and Minors Consent - Staff Seminar at the University of Otago, New Zealand, August 2007. Scrutinising Expert Evidence Leicestershire Child Abuse Investigation Unit (with John Hartshorne) June 2007. Medical Law and Ethics in Adolescent Consent: Convergent or Contradictory? University of Florence, Italy, May 2007. Scrutinising Expert Opinion Evidence in Civil and Criminal Proceedings at Forensic Research Centre Opening Conference, University of Leicester, March 2007. Legal Issues in Consent (Paper) and Legal Issues in Clinical Research (Workshop leader) Clinical Contract Research Association Annual Training Conference, Robinson College, Cambridge, December 2006. Consent, the Courts and Medical Ethics Identifying the Ethico-Legal Paradox University of Birmingham, Institute of Medical Law 2nd Annual Conference 2006. Medical Law and Medical Ethics A Symbiotic Relationship - ALARM at the Royal Society of Medicine 2006.
Chaired a session of the Health Law: Faiths and Beliefs seminar held at the University of Leicester 2006. The Futility of Medical Ethics staff seminar at the University of Loughborough 2004. The Implications of the Human Rights Act on the Provision of Palliative Care LOROS, Leicester 2004. What is a Material Risk? staff seminar at the University of Lancaster - 2001. The Indeterminacy of Medical Ethics - SPTL Conference, UCL 2000. ESTEEM INDICATORS Editorial Boards: I am assistant editor (and the editor of the 'Commentaries' section) of the Medical Law Review. I am also on the editorial board (and co-editor of the 'Public Policy and Law' section) of the journal Clinical Ethics, and of the UK Clinical Ethics Network. Visiting Fellowships: 2012 visiting scholar, Ethox Centre, University of Oxford 2007 visiting scholar, University of Melbourne (Australia) 2007 visiting scholar, University of Otago (New Zealand) Other Esteem Indicators: I am a member of the Wellcome Trust s Society and Ethics Interview Committee (for a term of 3 years from 1 st October 2013). The Committee interviews candidates who have applied from funding from the Wellcome Trust under the Society and Ethics funding stream.
I am a member of the Council of the Open Section of the Royal Society of Medicine (since February 2012). I am the chair of the Midlands Medical Law Consortium, a collaboration between medical lawyers at the universities of Leicester, Nottingham, Birmingham, De Montfort and Nottingham Trent. The aim is to apply for external funding we were successful in our first application to the AHRC (see successful funding bids above). Expert Evidence: Difficulties and Solutions in Prosecutions for Infant Harm (with John Hartshorne) cited on three occasions by the Law Commission's report into the role of expert evidence in criminal proceedings (Law Commission, Expert Evidence in Criminal Proceedings in England and Wales (Law Com 325, 2011)). 'Bye-Bye Bolam' was included in a collection of 'internationally influential' essays (F. Miller (ed) Rights and Resources (Ashgate, 2003), see above). It was also cited by the High Court of Australia in the case of Rosenberg v. Percival [2001] HCA 18. I have been interviewed twice by The Lancet as an expert in my field, and provided extensive quotes for the resulting pieces (H. Brown, Clinician Expert Witnesses Take the Stand (2005) 366 The Lancet 16 and J. Qiu, Assisted Suicide: A Matter of Life and Death (2009) 8(4) The Lancet Neurology 310). I have reviewed articles submitted for publication to the Child and Family Law Quarterly, the Modern Law Review, the Journal of Applied Philosophy, the Journal of Medical Ethics, the British Journal of General Practice, Medical Science Monitor and Medical Law International. I have reviewed book proposals and works in progress for Hart Publishing, Oxford University Press and Cambridge University Press amongst others. I was a member of an Independent Ethics Committee for PPD Developments based at Leicester General Hospital between 2002 and 2004. I am/have been an external examiner at the Universities of Birmingham (LLB and LLM programmes 2010-12), Bristol (BSc Bioethics, Bristol Medical School, 2012-present) Dundee (LLM 2010-2013), Keele (MA 2009-present), Lancaster (LLB 2009-12) and Manchester (MA, 2012-present). I have also been the external examiner of a Ph.D. thesis at the University of Wales, Aberystwyth (Glenys Williams 2001), the University of Southampton (Harry East, 2012) and University of Manchester (Joanne Beswick, 2012; Kate Hodkinson 2014) and the University of Newcastle (Melanie Blair 2014).