judicial role


Summary: The kind of action or activity proper to the judiciary, particularly its responsibility for decision making.

Top Publications

  1. Jasanoff S. Law's knowledge: science for justice in legal settings. Am J Public Health. 2005;95 Suppl 1:S49-58 pubmed
    ..The important question for the law is not how judges can best do justice to science, but rather how courts can better render justice under conditions of uncertainty and ignorance. ..
  2. Kageyama K, Jimba K, Hashimoto S. [Code of civil procedure for medical workers--evidence of fact finding and efficacy of judgment]. Masui. 2013;62:623-8 pubmed
    ..As an effect of the judgment, there ensure res judicata and power of execution. They serve as a binding force to a next trial. ..
  3. Magnusson R. The devil's choice: re-thinking law, ethics, and symptom relief in palliative care. J Law Med Ethics. 2006;34:559-69, 481 pubmed
    ..Using the devil's choice, the paper criticizes the principle of double effect and provides a re-interpretation of the conventional legal and ethical account of symptom relief in palliative care. ..
  4. Yamada M, Camerer C, Fujie S, Kato M, Matsuda T, Takano H, et al. Neural circuits in the brain that are activated when mitigating criminal sentences. Nat Commun. 2012;3:759 pubmed publisher
    ..These results could help the legal system understand how potential jurors actually decide, and contribute to growing knowledge about whether emotion and cognition are integrated sensibly in difficult judgments. ..
  5. Sanford J, Arrigo B. Lifting the cover on drug courts: evaluation findings and policy concerns. Int J Offender Ther Comp Criminol. 2005;49:239-59 pubmed
    ..This article concludes with a discussion of the implications of drug treatment courts for justice policy. ..
  6. Callus T. Omnis definitio periculosa est: on the definition of the term "embryo" in the Human Fertilisation & Embryology Act 1990. Med Law Int. 2003;6:1-11 pubmed
    ..By preventing such a debate, the Court of Appeal appears to admit that the law has become servile to the scientific, political and a fortiori economic, interests at stake. ..
  7. Terrier I, Touati C. [Witchcraft trials in Neuchatel in the 15th century: some remarks]. Schweiz Z Gesch. 2002;52:133-37 pubmed
  8. Murphy J. Trial by media: professor Marie Cassidy: Doolin lecture 2006. Ir Med J. 2006;99:292 pubmed
  9. White D, Du Mont J. Visualizing sexual assault: an exploration of the use of optical technologies in the medico-legal context. Soc Sci Med. 2009;68:1-8; discussion 9-11 pubmed publisher
    ..We point to the need for further research to enhance our understanding of this issue. ..

More Information


  1. Rich B. Introduction: bioethics in court. J Law Med Ethics. 2005;33:194-7 pubmed
  2. Mavroforou A, Michalodimitrakis E. The impact of the Daubert case on modern litigation. Med Law. 2008;27:755-65 pubmed
  3. Goodman Delahunty J, Cossins A, O Brien K. Enhancing the credibility of complainants in child sexual assault trials: the effect of expert evidence and judicial directions. Behav Sci Law. 2010;28:769-83 pubmed publisher
    ..Comparisons of the effectiveness of two procedural legal mechanisms to manage juror misconceptions and improve knowledge about CSA provide guidance for future researchers investigating ways to increase fairness in cases of CSA. ..
  4. Wendler D. Risk standards for pediatric research: rethinking the Grimes ruling. Kennedy Inst Ethics J. 2004;14:187-98 pubmed
  5. Eremia A. When self-regulation, market forces, and private legal actions fail: appropriate government regulation and oversight is necessary to ensure minimum standards of quality in long-term health care. Ann Health Law. 2002;11:93-124, table of contents pubmed
  6. Howell R, Hutto T. Sentencing convicted juvenile felony offenders in the adult court: the direct effects of race. Behav Sci Law. 2012;30:782-99 pubmed publisher
    ..The implications of the research are noted. ..
  7. Hervey T. The role of the European court of justice in the Europeanization of communicable disease control: driver or irrelevance?. J Health Polit Policy Law. 2012;37:977-1000 pubmed publisher
    ..A fifth idea, "mainstreaming" public health, could play a role in the future. ..
  8. Zaller N. Drug court as an alternative to incarceration. Med Health R I. 2007;90:154-6 pubmed
  9. Chakrabarty A. Genetics research and the judicial decisions. Not Polit. 2002;18:99-102 pubmed
  10. Tait R, Chibnall J. Legal sequelae of occupational back injuries: a longitudinal analysis of Missouri judicial records. Spine (Phila Pa 1976). 2011;36:1402-9 pubmed publisher
    ..This pattern suggests that short-term studies underestimate postsettlement difficulties, particularly among selected demographic cohorts. ..
  11. Jackson L, Bartie A. "Children of the city": juvenile justice, property, and place in England and Scotland, 1945-60. Econ Hist Rev. 2011;64:88-113 pubmed
    ..quot;Play" and "nuisance" were overlapping and contested categories; re-education of young people in the correct use of place, space, and property was a key aim of the postwar juvenile justice system. ..
  12. Muller S, Walter H, Kunze H, Konrad N, Heinz A. [Compulsory treatment under legal uncertainty: part 1: the current legal situation on compulsory treatment of patients with psychiatric disorders incapable of consenting]. Nervenarzt. 2012;83:1142-9 pubmed publisher
    ..On the other hand the verdicts have effected a substantial legal uncertainty with the undesired indirect consequence that fixation will probably be used more often. ..
  13. Sant ana J, Pepe V, Figueiredo T, Osorio de Castro C, Ventura M. Rational therapeutics: health-related elements in lawsuits demanding medicines. Rev Saude Publica. 2011;45:714-21 pubmed
    ..Besides creating havoc in standard pharmaceutical services, badly justified medicine demands may compromise rational drug use. ..
  14. Candelario J. [Appropriation of a healthcare space by a professional elite: physicians of the "Hospital Real" of Granada in the 16th century]. Asclepio. 2008;60:177-202 pubmed
  15. Erai M. Criminal sittings – rape in the colony, New Zealand, 1862. J Hist Sociol. 2011;24:186-208 pubmed
    ..Drawing on feminist postcolonial theorizing the question posed here, is, “What is the historical, ideological context for a newspaper reporting of the possible rape of a M?ori woman in 1862? ..
  16. Ho Lee D, Krauss D, Lieberman J. The effects of judicial admonitions on hearsay evidence. Int J Law Psychiatry. 2005;28:589-603 pubmed
    ..More specifically, juror backfire effects were evident in both their confidence in their liability verdicts and in their punitive damage awards. The legal and policy implications of these findings are discussed. ..
  17. Davies J. A question of influence. RCM Midwives. 2006;9:392-4 pubmed
  18. Gordon A. The Partial-Birth Abortion Ban Act of 2003. Harvard J Legis. 2004;41:501-15 pubmed
  19. Hagihara A, Nishi M, Nobutomo K. Association between civil procedure and medical malpractice litigation in Japan. Med Law. 2004;23:269-88 pubmed
    ..Since there are methodological limitations to this study, further studies are necessary to verify these findings. ..
  20. Parker J. Putting an end to judicial activism. GHA Today. 2006;50:15 pubmed
  21. Spevak C. The grand jury and health care crimes: what every physician executive needs to know. Physician Exec. 2006;32:68-70 pubmed
  22. Silver M. Eugenics and compulsory sterilization laws: providing redress for victims of a shameful era in United States history. George Washington Law Rev. 2004;72:862-92 pubmed
  23. Jan Brakel S. Competency to stand trial: rationalism, "contextualism" and other modest theories. Behav Sci Law. 2003;21:285-95 pubmed
    ..The conclusion that emerges is that the level of capacity and rationality required of the defendant depends much on context-the type of case, its relative complexity, and the values and stakes implicated in the outcome. ..
  24. Bloche M. Managing conflict at the end of life. N Engl J Med. 2005;352:2371-3 pubmed
  25. Ehrlich J. Grounded in the reality of their lives: listening to teens who make the abortion decision without involving their parents. Berkeley Womens Law J. 2003;18:61-180 pubmed
  26. Hollingsworth J, Lasker E. The case against differential diagnosis: Daubert, medical causation testimony, and the scientific method. J Health Law. 2004;37:85-111 pubmed
  27. Brenner R. Computer-assisted detection in clinical practice: medical legal considerations. Semin Roentgenol. 2007;42:280-6 pubmed
  28. Krebs C, Lindquist C, Koetse W, Lattimore P. Assessing the long-term impact of drug court participation on recidivism with generalized estimating equations. Drug Alcohol Depend. 2007;91:57-68 pubmed
  29. Gostin L. Deciding life and death in the courtroom. From Quinlan to Cruzan, Glucksberg, and Vacco--a brief history and analysis of constitutional protection of the 'right to die'. JAMA. 1997;278:1523-8 pubmed
    ..The Supreme Court, hinting that it would find state legalization of physician-assisted suicide constitutional, invited the nation to pursue an earnest debate on physician assistance in the dying process. ..
  30. Hansson M, Helgesson G, Wessman R, Jaenisch R. Commentary: isolated stem cells--patentable as cultural artifacts?. Stem Cells. 2007;25:1507-10 pubmed
    ..At the same time, it is essential that patent authorities do not accept broad patent claims that will be detrimental to research. Disclosure of potential conflicts of interest is found at the end of this article. ..
  31. Hogeveen B. Impossible cases can be cured when all the factors are known: gender, psychiatry and Toronto's Juvenile Court, 1912-1930. Can Bull Med Hist. 2003;20:43-74 pubmed
    ..With clear ideas about appropriate conduct for girls and boys, mental health professional attempted to create such standards in the delinquents whose cases appeared before them. ..
  32. Cooper C. Drug courts: current issues and future perspectives. Subst Use Misuse. 2003;38:1671-711 pubmed
    ..S. justice system; and d) unresolved critical issues that will impact upon its future development. ..
  33. Beijer H. [Fluffy or baked smell?]. Tijdschr Diergeneeskd. 2005;130:634 pubmed
  34. Stier D, Nicks D, Cowan G. The courts, public health, and legal preparedness. Am J Public Health. 2007;97 Suppl 1:S69-73 pubmed
  35. Blasdell J. Mother, may I?: ramifications for parental involvement laws for minors seeking abortion services. Am Univ J Gend Soc Policy Law. 2002;10:287-304 pubmed
  36. Barringer P, Dauer E. End the blame and shame game. Health courts one way to compensate injured patients and promote safety. Mod Healthc. 2007;37:36 pubmed
  37. Epstein N. It is easier to confuse a jury than convince a judge: the crisis in medical malpractice. Spine (Phila Pa 1976). 2002;27:2425-30 pubmed
    ..Two tort reform models compensating injured patients and eliminating physician liability appear to be not only effective but also fair to all concerned parties. ..
  38. Lakoff G. A cognitive scientist looks at Daubert. Am J Public Health. 2005;95 Suppl 1:S114-20 pubmed
    ..Daubert functions in its application as a strategic initiative that significantly moves America in a conservative direction, in the moral and political spheres, as well as in the legal sphere. ..
  39. Howard P. A legal crusader's solution to the malpractice mess. Interview by Wayne J. Guglielmo. Med Econ. 2003;80:42-4 pubmed
  40. Tokuda Y, Kishida N, Konishi R, Koizumi S. Cognitive error as the most frequent contributory factor in cases of medical injury: a study on verdict's judgment among closed claims in Japan. J Hosp Med. 2011;6:109-14 pubmed publisher
    ..Reduction of this type of error is required to produce safer healthcare. ..
  41. Keough C, Greene A. Judicial review of CMS policies: an evolving doctrine. Healthc Financ Manage. 2003;57:76-80 pubmed
  42. Boehm G. Debunking medical malpractice myths: unraveling the false premises behind "tort reform". Yale J Health Policy Law Ethics. 2005;5:357-69 pubmed
  43. Benko L. Not yet. Judge delays final approval in Aetna settlement. Mod Healthc. 2003;33:14 pubmed
  44. Erickson S, Campbell A, Steven Lamberti J. Variations in mental health courts: challenges, opportunities, and a call for caution. Community Ment Health J. 2006;42:335-44 pubmed
    ..Results revealed large variability among existing mental health courts across multiple domains. The implications of this variability are discussed in terms benefits and limitations. ..
  45. Jamnik V, Gumienak R, Gledhill N. Developing legally defensible physiological employment standards for prominent physically demanding public safety occupations: a Canadian perspective. Eur J Appl Physiol. 2013;113:2447-57 pubmed publisher
  46. Brahams D. Should a coroner allow a jury to add a "rider" referring to neglect to its verdict?. Med Leg J. 2003;71:45-6 pubmed
  47. Gorby J. Admissibility and weighing evidence of intent in right to die cases. Issues Law Med. 1990;6:33-74 pubmed
  48. Miller L. Health courts: an alternative to traditional tort law. J Perinat Neonatal Nurs. 2011;25:99-102 pubmed publisher
    ..These alternative models are based on transparency and disclosure, with just compensation for injuries, and opportunities for improvements in patient safety. ..
  49. Derrick M. Medical malpractice--a family nightmare. J S C Med Assoc. 2005;101:51-3 pubmed
  50. Kolbet P. Torture and Origen's hermeneutics of nonviolence. J Am Acad Relig. 2008;76:545-72 pubmed
    ..In this way, Origen provides resources for a particularly religious mode of resistance to torture that usefully supplements the contemporary human rights campaign and holds promise for overcoming some of its limitations. ..
  51. Driver C, Brank E. Juveniles' knowledge of the court process: results from instruction from an electronic source. Behav Sci Law. 2009;27:627-42 pubmed publisher
    ..Age and race were found to be significantly related to pretest scores, and race was significantly related to improvement scores. ..
  52. Haack S. Trial and error: the Supreme Court's philosophy of science. Am J Public Health. 2005;95 Suppl 1:S66-73 pubmed
    ..Efforts to educate judges scientifically, and increased use of court-appointed experts are, at best, only partial solutions to the problems with scientific testimony. ..
  53. Holcomb M, Jacquin K. Juror perceptions of child eyewitness testimony in a sexual abuse trial. J Child Sex Abus. 2007;16:79-95 pubmed
    ..In addition, jurors perceived the child's eyewitness testimony to be more believable when the child was younger. Implications for the impact of these findings on real-life child sexual abuse cases are discussed. ..