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A Model State Act To Authorize And Regulate Physician-Assisted Suicide, Charles Baron, Clyde Bergstresser, Dan Brock, Garrick Cole, Nancy Dorfman, Judith Johnson, Lowell Schnipper, James Vorenberg, Sidney Wanzer Dec 1995

A Model State Act To Authorize And Regulate Physician-Assisted Suicide, Charles Baron, Clyde Bergstresser, Dan Brock, Garrick Cole, Nancy Dorfman, Judith Johnson, Lowell Schnipper, James Vorenberg, Sidney Wanzer

Charles H. Baron

Despite laws in many states prohibiting assisted suicide, an unknown but significant number of people each year commit suicide with the aid of a physician. In recent years, the phenomenon of physician-assisted suicide has attracted greater attention as physicians have openly risked prosecution to shed light on the subject, advocates have raised a series of legal challenges to laws banning assisted suicide, and a federal judge has struck down the nation's first statute allowing physicians to assist patients in suicide. In this Article, nine authors from the fields of law, medicine, philosophy and economics propose a comprehensive statute to permit …


The New Private Law: An Introduction, Julie Nice Dec 1995

The New Private Law: An Introduction, Julie Nice

Julie A. Nice

This essay is an introduction to a Symposium on The New Private Law. Professor Nice defines New Private Law as including deregulation, decentralization, privatization, and contractualization, and as reflecting a normative regime that both recognizes a distinction between public and private domains and prefers the ordering of the private market to that of public decision-makers. She argues the preference for the private domain seems, at least, to tolerate inequality, and at worst, to reify existing power hierarchies. At the specific level, she describes the debate over privatization of welfare, with proponents claiming it costs less because of greater flexibility and …


Uncertain Privacy: Communication Attributes After The Digital Telephony Act, Susan Freiwald Dec 1995

Uncertain Privacy: Communication Attributes After The Digital Telephony Act, Susan Freiwald

Susan Freiwald

This article argues that the coming tide of electronic Federal law protects the privacy of transmitted communications under a two-tiered system. The actual contents of communications occupy the first tier, where they enjoy fairly effective protection against disclosure. Communication attributes encompass all of the other information that can be learned about a communication, such as when and where it occurred, to whom and from whom it was sent and how long it lasted. They occupy a lowly second tier, where the protections against disclosure are weak, ambiguous and in some cases non-existent. This bifurcated system becomes increasingly untenable as advances …