Related Staff According to Areas of Research

Criminal Law and Procedure

Healthcare Law and Ethics

Maclean, Dr. Alasdair

University of Dundee

Professor Pamela Ferguson Professor of Scots Law Email: p.r.ferguson@dundee.ac.uk Direct Dial: +44 (0)1382 385189 Room No: 4.07

Degrees

LL.B (Hons), University of Glasgow
Dip. LP., University of Glasgow
Ph.D. University of Dundee

Biography

Pamela Ferguson was appointed to the Chair in Scots Law in 2000. She was previously a Senior Lecturer in the Law School (from 1995-1999), and a Lecturer (1989-1995).

Professor Ferguson was a member of the Crown Office and Procurator Fiscal Service from 1986-1989. She was an examiner for the Law Society of Scotland for six years, and Convenor of the Law Society's Examination Board for three years.

Teaching

Undergraduate:- Scots Criminal Law, Scots Criminal Law and Elements of Procedure, Criminal Procedure

Postgraduate:- Professor Ferguson was the Director of the Healthcare Law and Ethics Distance Learning Masters Programme from its inception until 2010.

Postgraduate supervision:

Professor Ferguson is interested in supervising PhD or Masters students who wish to explore aspects of criminal justice, criminal procedure or substantive criminal law. Comparative projects, in which students compare Scots criminal law or procedure with that in another jurisdiction, can also be accommodated. She is also keen to supervise research projects in aspects of healthcare law.

Research

Professor Ferguson's main areas of research interest are Criminal Law, and procedure. She has also undertaken research into Healthcare Law, and her doctoral thesis focused on the legal liability of doctors, pharmacists and drug manufacturers for injuries caused by pharmaceutical products. This work resulted in a monograph: Drug Injuries and the Pursuit of Compensation (Sweet & Maxwell, 1996). In 1997 she was awarded the Royal Society of Edinburgh Research Fellowship and used this opportunity to undertake an empirical research project which explored legal and ethical aspects of clinical trials for new drugs. Other aspects of healthcare law which she has researched include consent to treatment, medical negligence, abortion, and euthanasia. Professor Ferguson's criminal law interests include procedural and evidential aspects of criminal law, as well as substantive criminal law. She is one of the authors of the Draft Criminal Code for Scotland with Commentary, published by the Scottish Law Commission in 2003. Professor Ferguson convenes the Law School's Research Committee and represents the School on the College Research Committee.

Articles

• 2012 Pamela Ferguson, "A Clear and Coherent Package of Reforms? The Scottish Government consultation paper on the Carloway Report" with F.E. Raitt in 12 Criminal Law Review, pp. 909-926
• 2012 Pamela Ferguson, "Sins of the father? The 'sons of Cadder'" with Robin White in 5 Criminal Law Review, pp. 357-368
• 2011 Pamela Ferguson, "'Smoke gets in your eyes....' the criminalisation of smoking in enclosed public spaces, the harm principle and the limits of the criminal sanction." in Legal Studies, Blackwell publishing 31(2), pp. 259-278
• 2011 Pamela Ferguson, "Repercussions of the Cadder Case: the ECHR's fair trial provisions and Scottish criminal procedure" in 10 Criminal Law Review, pp. 743-757
• 2011 Pamela Ferguson, "The drafting of offence provisions by the Scottish Parliament" in 23(3)Statute Law Review, pp. 161-185
• 2009 Pamela Ferguson, "Constructing a criminal code" in Criminal Law Forum, pp. 139-161
• 2008 Pamela Ferguson, "Refining rape and other sexual offences" in Edinburgh Law Review 12, pp. 302-305
• 2008 Pamela Ferguson, "Clinical trials and healthy volunteers" in Medical Law Review 16, pp. 23-51
• 2006 Pamela Ferguson, "The criminal jury in England and Scotland: the confidentiality principle and the investigation of impropriety" in International Journal of Evidence and Proof 10, pp. 180-211
• 2006 Pamela Ferguson, "Re-defining Rape" with Fiona Raitt in Edinburgh Law Review 10, pp. 185-208
• 2006 Pamela Ferguson, "Re-configuring Scots criminal procedure - seismic shifts?" with Fiona Raitt in Edinburgh Law Review 10, pp. 102-112
• 2004 Pamela Ferguson, "Codifying criminal law: The Scots and English draft codes compared" in Criminal Law Review, pp. 105-119
• 2004 Pamela Ferguson, "Codifying Criminal Law: A critique of Scots common law" in Criminal Law Review, pp. 49-59
• 2003 Pamela Ferguson, "Legal and ethical aspects of clinical trials: The views of researchers" in Medical Law Review, 11:1, pp. 48-66
• 2003 Pamela Ferguson, "Information giving in clinical trials: The views of medical researchers" in Bioethics, pp. 101-111
• 2002 Pamela Ferguson, "Patients' perceptions of information provided in clinical trials" in Journal of Medical Ethics, 28:1, pp. 45-48
• 2002 Pamela Ferguson, "Selecting participants when testing new drugs: The implications of age and gender discrimination" in Medico-Legal Journal, 70:3, pp. 130-134
• 2002 Pamela Ferguson, "Unravelling the enigma: A reply to Professor Farmer" with Eric Clive in Scottish Law and Practice Quarterly, 7:2, pp. 81-86
• 2001 Pamela Ferguson, "Breach of the peace and the European Convention on Human Rights" in Edinburgh Law Review 5, pp. 1-24
• 2001 Pamela Ferguson, "Patients' experiences and views of clinical trials" in Medicine and Law 20(1), pp. 143-152

Books

• 2009 Pamela Ferguson, "Scots Criminal Law: A Critical Analysis " with Dr Claire McDiarmid, Dundee University Press 640 pages ISBN: 9781845860394
• 2003 Pamela Ferguson, "Draft Criminal Code for Scotland with Commentary " with Eric Clive, Chris Gane, and Sandy McCall Smith, Scottish Law Commission, pp 205+ix ISBN: 9780114973131
• 1996 Pamela Ferguson, "Drug Injuries and the Pursuit of Compensation ", Modern Legal Studies series, Sweet & Maxwell, pp.213

Book Chapters

• 2011 Pamela Ferguson, 'Criminal Law and Criminal Justice: An Exercise in Ad Hocery' in E. Sutherland, K.E. Goodaal, G.F.M. Little and F.P. Davidson(eds) Law Making and the Scottish Parliament: The Early Years" (Edinburgh University Press, pp. 208-224) 11 ISBN: 9780748640195
• 2006 Pamela Ferguson, 'Human Guinea Pigs?" Why Patients Participate in Clinical Trials' in S.A.M. McLean(eds) First Do No Harm (Ashgate, pp. 165-185)
• 2002 Pamela Ferguson, M. Mackarel 'The European Convention on Human Rights and Scots criminal law' in Boyle, Himsworth, Loux and MacQueen(eds) Human Rights and Scots Law (Hart)
• 2001 Pamela Ferguson, 'Medical matters' in Butterworths Scottish Older Client Law Service (Butterworths) Division E: Chapters 1-6
• 2000 Pamela Ferguson, 'Corroboration of Sexual Offences in Scots Law' in Ellison and Childs(eds) Feminist Perspectives on Evidence (Cavendish, pp. 149-165)
• 2000 Pamela Ferguson, 'Legal aspects of surgical practice' in Cushieri, Steele and Moosa(eds) Essential Surgical Practice 4th edition (Butterworth-Heinemann, pp. 551-557)