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No Price Too High : Victimless Crimes And The Ninth Amendment, Robert M. Hardaway
No Price Too High : Victimless Crimes And The Ninth Amendment, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
Hardaway argues the criminalization of victimless crimes violates the Ninth Amendment to the U.S. Constitution and creates enormous public policy problems in the society. He contends that the Ninth Amendment adjudication model and the concepts of self-determination and the harm principle are the standards to which privacy issues should be litigated. Hardaway contends that privacy issues should be litigated under the standards of the Ninth Amendment to the U.S. Constitution adjudication model, concepts of self-determination, and the harm principle. The Ninth Amendment follows the true beliefs of the founding fathers and their adherence to Natural Law, autonomy, liberty, and the …
The Right To Die And The Ninth Amendment: Compassion And Dying After Glucksberg And Vacco, Robert M. Hardaway, Miranda K. Peterson, Cassandra Mann
The Right To Die And The Ninth Amendment: Compassion And Dying After Glucksberg And Vacco, Robert M. Hardaway, Miranda K. Peterson, Cassandra Mann
Sturm College of Law: Faculty Scholarship
Part I reviews the historical development of physician assisted suicide, describes current medical practices and physicians' attitudes, and outlines the related legal debate over euthanasia. Part II explains the statutory and case law precedent of physician-assisted suicide. This Part also examines the factual and procedural history of the Supreme Court's decisions in Glucksberg and Vacco. Part III explores the Ninth Amendment issues which the Court failed to address in Glucksberg and Vacco, and argues that a right to die exists under existing Ninth Amendment precedent. This part also provides recommendations for a model Dignity in Dying statute that would comply …