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Self-Directed Death, Euthanasia, And The Termination Of Life-Support: Reasonable Decisions To Die, G. Steven Neely
Self-Directed Death, Euthanasia, And The Termination Of Life-Support: Reasonable Decisions To Die, G. Steven Neely
Campbell Law Review
The purpose of this paper is to challenge the common legal and psychiatric presumption that all decisions to die result from a clouded mind. Indeed, a realistic and common sense view of the issue asserts quite the contrary: namely, that self-directed death may prove to be an optimally rational course of action in light of an individual's circumstances and ends. While the state has a legitimate concern in the welfare of its citizens and should seek to prevent unwarranted loss of life, it should be loathe to force a mentally competent adult to remain alive against his will and best …
Erisa, Preemption And Comprehensive Federal Health Care: A Call For "Cooperative Federalism" To Preserve The States' Role In Formulating Health Care Policy, James E. Holloway
Erisa, Preemption And Comprehensive Federal Health Care: A Call For "Cooperative Federalism" To Preserve The States' Role In Formulating Health Care Policy, James E. Holloway
Campbell Law Review
This article revisits the familiar theme of federalism and health care policy. It takes the position that federalism is decreasing and will decrease further under national health care that is fast becoming, if not already so, an exclusive field of federal regulation. The article draws this conclusion from three influences on federal regulation and policy: (1) the expanding preemptive effects of employee benefit regulation on state health care, as well as other law and public policy; (2) the increasing public policy favoring a comprehensive national health care policy; and (3) the existing dominance of federal medical care and assistance regulation …