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Full-Text Articles in Law
Machine Speech, Tim Wu
Machine Speech, Tim Wu
Faculty Scholarship
Computers are making an increasing number of important decisions in our lives. They fly airplanes, navigate traffic, and even recommend books. In the process, computers reason through automated algorithms and constantly send and receive information, sometimes in ways that mimic human expression. When can such communications, called here “algorithmic outputs,” claim First Amendment protection?
Constitutional Aspects Of Physician-Assisted Suicide After Lee V. Oregon, Simon Canick
Constitutional Aspects Of Physician-Assisted Suicide After Lee V. Oregon, Simon Canick
Faculty Scholarship
On November 8, 1994, Oregon voters narrowly passed the highly controversial Death with Dignity Act (Measure 16), which marked the first time that physician-assisted suicide was explicitly legalized anywhere in the world. In Lee v. Oregon, a group of physicians, several terminally ill persons, a residential care facility, and individual operators of residential care facilities sought to enjoin enforcement of the new law, claiming various constitutional infirmities. The U.S. District Court for the District of Oregon enjoined enforcement of the law, acknowledging that it raised important constitutional issues including possible violations of the Equal Protection and Due Process Clauses of …
Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen
Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen
Faculty Scholarship
This Article addresses physician-assisted suicide and the medical treatment of pain and suffering. Part II discusses various medical misconceptions about the treatment of pain and how modern medicine fails to fulfill this aspect of its palliative care role. Part III reviews how the law currently circumscribes the patient and doctor's ability to make medical decisions when the patient is terminally ill. As will be shown, the law is clearer and more respectful of good medical practice than most medical practitioners currently believe. Moreover, this section will also establish that, while several competing philosophical positions surrounding physician-assisted suicide exist, these same …
Constitutional Tragedy In Dying: Responses To Some Common Arguments Against The Constitutional Right To Die, James E. Fleming
Constitutional Tragedy In Dying: Responses To Some Common Arguments Against The Constitutional Right To Die, James E. Fleming
Faculty Scholarship
I shall argue for the constitutional right to die, including the right of terminally ill persons to physician-assisted suicide. Indeed, I shall argue that it would be a constitutional tragedy if the Supreme Court were to hold that the Constitution does not protect such a right to die,2 and thus to overrule the Ninth Circuit decision in Compassion in Dying v. Washington3 (to say nothing of the Second Circuit decision in Quill v. Vacco4). First, such a holding would entail that the Constitution sanctions a grievous wrong, a horrible form of tyranny: allowing the state to impose upon some citizens, …
The Promised End - Physician-Assisted Suicide And Abortion, George J. Annas
The Promised End - Physician-Assisted Suicide And Abortion, George J. Annas
Faculty Scholarship
The debate over late term intact dilation and evacuation abortions (so-called "partial birth" abortions) has been an uncomfortable one for those in the pro-choice community.' Although the United States Senate narrowly refused to override President Clinton's veto of a bill criminalizing this procedure, many in Congress agreed with Senator Daniel Patrick Moynihan (D-N.Y.) that it was "as close to infanticide as anything I have come upon."2 States have a compelling interest in preventing infanticide that is not contradicted by a woman's constitutional right to decide whether to continue a pregnancy. Similarly, states have a legitimate and perhaps even compelling interest …