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Developing an innovative medical ethics and law curriculum—constructing a situation-based, interdisciplinary, court-based learning course: a mixed methods study
Background
Traditional lecture-based medical ethics and law courses deliver knowledge but may not improve students’ learning motivation. To bridge this theory-to-practice gap and facilitate students’ learning effectiveness, we applied situated-learning theory to design an interdisciplinary court-based learning (CBL) component within the curriculum. Our study aimed to investigate students’ learning feedbacks and propose a creative course design.
Methods
A total of 135 fourth-year medical students participated in this course. The CBL component included 1 h of introduction, 1 h of court attendance, and 2 h of interdisciplinary discussion with senior physicians, judges, and prosecutors. After the class, we conducted a survey using a mixed-methods approach to gauge students’ perceptions of engagement, performance, and satisfaction.
Results
A total of 97 questionnaires were received (72% response rate). Over 70% of respondents were satisfied and felt that the class was useful except for role-playing activities (60%). More than 60% reported a better understanding of the practical applications of medical law. Approximately half (54%) reported less anxiety about medical disputes. 73% reported that the lecture provided awareness of potential medical disputes, and most respondents expressed an interest in medical law courses after the court visit (78%). 80% of the respondents were able to display empathy and apply mediation skills. Qualitative analyses showed that students demonstrated new knowledge, including recognizing the significance of the medical profession, distinguishing the importance of physician-patient communication, having confidence in the fairness of the justice system, and being willing to increase their legal knowledge.
Conclusions
CBL curriculum increases students’ learning motivation in strengthening medical professionalism and medical law, develops students’ empathy for patients and communication skills, as well as builds up students’ trust in the justice system. This novel course design can be applied to teach medical ethics and law.
Journal Article
Degrees of Change: An Assessment of the Deinstitutionalization of Marriage Thesis
This article reexamines the thesis that marriage is becoming deinstitutionalized. It first reviews relevant theoretical literature on social institutionsf including the \"new institutionalism\" and the work of Bourdieu on cultural capital. It addresses the great social class differences that have emerged in American family life over the past few decades and their implications for the deinstitutionalization thesis. It then evaluates the thesis, with these conclusions: What has happened in recent years to the place of marriage in the broader field of intimate partnerships is consistent with the deinstitutionalization thesis, although primarily among the non-college-educated. In contrast, marriage still plays a central role in the field of intimate partnerships among the college-educated. Moreover, the behavior of partners within marriage has not change enough to conclude the deinstitutionalization has occurred. The article also examines related claims about marriage and individualism, the concept of capstone marriage, and same-sex marriage.
Journal Article
A conviction in question : the first trial at the International Criminal Court
\"An engrossing narrative of the first case to appear at the International Criminal Court, 'A Conviction in Question' documents the trial of Union of Congolese Patriots leader and warlord Thomas Lubanga Dyilo. Although Lubanga's crimes - including murder, rape, and the forcible conscription of child soldiers - were indisputable, legal wrangling and a clash of personalities caused the trial to be prolonged for an unprecedented six years. This book offers an accessible account of the rapid evolution of international law and the controversial trial at the foundation of the International Criminal Court. A Conviction in Question examines the legal issues behind each of the trial's critical moments, including the participation of Lubanga's victims at the trial and the impact of witness protection. Through eye-witness observation and analysis, Jim Freedman shows that the trial suffered from all the problems associated with ordinary criminal law trials, and uses the Lubanga case to further comment on the role of international courts in a contemporary global context.\"--Book jacket.
Book
The Shadow Effect of Courts: Judicial Review and the Politics of Preemptive Reform
We challenge the prevalent claim that courts can only influence policy by adjudicating disputes. Instead, we theorize the shadow effect of courts: policy makers preemptively altering policies in anticipation of possible judicial review. While American studies imply that preemptive reforms hinge on litigious interest groups pressuring policy makers who support judicial review, we advance a comparative theory that flips these presumptions. In less litigious and more hostile political contexts, policy makers may instead weaponize preemptive reforms to preclude bureaucratic conflicts from triggering judicial oversight and starve courts of the cases they need to build their authority. By allowing some preemptive judicial influence to resist direct judicial interference, recalcitrant policy makers demonstrate that shadow effects are not an unqualified good for courts. We illustrate our theory by tracing how a major welfare reform in Norway was triggered by a conflict within its Ministry of Labor and a government resistance campaign targeting a little-known international court.
Journal Article
Cyprus at the European Court of Human Rights : a critical appraisal of the court's jurisprudence on the rights to property and home in the context of displacement
\"The authors grapple with questions raised by the Court's reversal in its approach to the violations of the rights to home and property of Cypriot displaced persons resulting from the Turkish occupation of Northern Cyprus. In the 4th interstate application of Cyprus v. Turkey, the Court found Turkey in violation of the rights to home and property of hundreds of thousands of Greek Cypriot internally displaced persons resulting from the invasion and occupation of northern Cyprus. Such findings were also firmly established in a handful of individual applications, most prominent amongst which is the landmark case Loizidou v. Turkey. However, a couple of decades following these judgments the findings of violations were jettisoned by the inadmissibility decision in Demopoulos and others v. Turkey\"-- Provided by publisher.
BOOK
542 Parental discretion when using a harm threshold to adjudicate contested medical treatment decisions for children. An international comparison
AimsIt is often assumed that the introduction of a harm threshold to adjudicate medical treatment decisions for children in the courts of England & Wales will increase the parental ability to decide for their children. There is however little evidence that supports this assumption. The aim of the investigation is to clarify whether the use of a harm threshold in court decisions does indeed increase parental discretion.MethodsAn international comparison how harm thresholds evolved and currently operate in England & Wales, the Netherlands and Germany and analysis of court decisions using a harm threshold when deciding on medical treatment for children (in the context of residency orders).ResultsThe investigation revealed that differences in the legal context between the three jurisdictions in which the harm threshold operates determine to a large extent the court’s decisions. The welfare of the child as the paramount consideration in the courts of England & Wales as opposed to a primary consideration in the Netherlands and Germany affects both the question whether the harm threshold is reached as well as the extent of justifiable limitations of parental authority after the harm threshold is reached.ConclusionThe introduction of the harm threshold for all medical treatment decisions for children within the context of the paramountcy of the child’s best interests in the courts of England & Wales is unlikely to lead to more parental discretion.
Journal Article
Sailing the graveyard sea : the deathly voyage of the Somers, the U.S. Navy's only mutiny, and the trial that gripped the nation
\"On December 16, 1842, the US brig-of-war Somers dropped anchor in Brooklyn Harbor at the end of a cruise intended to teach a group of adolescents the rudiments of naval life. But this seemingly harmless exercise ended in catastrophe. Commander Alexander Slidell Mackenzie came ashore saying he had narrowly prevented a mutiny that would have left him and his officers dead. Some of the thwarted mutineers were being held under guard, but three had been hanged: Boatswain's Mate Samuel Cromwell, Seaman Elisha Small, and Acting Midshipman Philip Spencer, whose father was the secretary of war, John Spencer. Eighteen-year-old Philip Spencer, according to Mackenzie, had been the ringleader who encouraged the crew to seize the ship and become pirates, raping and pillaging their way across the old Spanish Main. And while the young man might have been a rebel fascinated by pirates, it soon became clear the order that condemned the three men had no legal basis. And worse, that perhaps a mutiny had never really occurred, and that the ship might instead have been seized by a creeping hysteria that ended in the sacrifice of three innocents. Months of accusations and counteraccusations were followed by a highly public court martial which put Mackenzie on trial for his life, and a storm of anti-Navy sentiment drew the attention of the leading writers of the day (Washington Irving thought Mackenzie a hero; James Fenimore Cooper damned him with a ferocity that still stings). But some good did come out of it: public disgust with Mackenzie's training cruise gave birth to Annapolis, the place that within a century, would produce the greatest navy the world had ever known. Vividly told and filled with tense action based on court martial transcripts, Snow's masterly account of this all-but-forgotten episode is naval history at its finest\"-- Provided by publisher.
Book
The Politics of Precedent in International Law: A Social Network Application
The concept of precedent is fundamental to domestic courts, especially in Anglo-American common law systems, where judges are bound to the court’s past decisions. By contrast, precedent has no formal authority in international law. Legal scholars point to Article 59 of the International Court of Justice (ICJ) Statute in this respect, according to which international legal rulings are binding only on the parties in the dispute at hand, and have no bearing on matters outside of the case.
Journal Article