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Full-Text Articles in Law

Defining The Right To Die, David M. English Jan 1993

Defining The Right To Die, David M. English

Faculty Publications

Although Friedrich Nietzsche was not noted for his views on medical ethics, the above quotation captures the essence of James Lindgren's article. Lindgren posits that the recent O'Connor' and Cruzan decisions signal a shift in the law on the withdrawal or withholding of treatment. He concludes that the requirement set forth in those cases-that an individual must have clearly and convincingly expressed his or her wishes before treatment can be terminated--errs unduly on the side of life. Basing his conclusion primarily on preferences revealed by public opinion polls, he contends that a better rule would be to presume, subject to …


Control Of Tuberculosis -- The Law And The Public's Health, George J. Annas Jan 1993

Control Of Tuberculosis -- The Law And The Public's Health, George J. Annas

Faculty Scholarship

In their history of tuberculosis, The White Plague, Rene and Jean Dubos note that the first national movement to control tuberculosis in the United States came from the Medico-Legal Society of the City of New York, a group of lawyers, scientists, and physicians devoted to solving social problems. At a meeting in 1900 to organize an American Congress on Tuberculosis, the group drafted legislation designed to prevent the spread of the disease. Even though almost every state eventually passed tuberculosis-control laws, it was not the passage of legislation, or even the development of effective treatment, that led to the decline …