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Articles 1 - 30 of 159
Full-Text Articles in Law
Legal Methodologies For Maximizing Freedom Of Scientific Research, Charles Baron
Legal Methodologies For Maximizing Freedom Of Scientific Research, Charles Baron
Charles H. Baron
No abstract provided.
The American Patients' Rights Movement And Bloodless Surgery, Charles Baron
The American Patients' Rights Movement And Bloodless Surgery, Charles Baron
Charles H. Baron
No abstract provided.
Appointed To The Scientific Committee Of The European Centre For Life Sciences, Health, And The Courts At The Collegio Ghislieri At The University Of Pavia, Charles Baron
Charles H. Baron
No abstract provided.
Quale Etica Per I Guidici?, Charles Baron
Review Of When Death Is Sought: Assisted Suicide And Euthanasia In The Medical Context, By The New York State Task Force On Life And Law, Charles Baron
Charles H. Baron
No abstract provided.
Bioethics And Law In The United States: A Legal Process Perspective, Charles Baron
Bioethics And Law In The United States: A Legal Process Perspective, Charles Baron
Charles H. Baron
An analytical exposition of the law regarding a patient's "right to die" as it has developed in the United States over the last 30 years provides an exemplar overview of the variety of legal mechanisms that American legal institutions can and do bring to bear to deal with the challenges posed by new developments in medicine and the biosciences. Opposing "pro-life" and "pro-choice" ideological and political forces have been channeled through the federal and state legislative, judicial, and executive branches, where the various legal actors have developed legal principles that so far provide patients with a right to refuse any …
Medicine And Human Rights: Emerging Substantive Standards And Procedural Protections For Medical Decision-Making Within The American Family, Charles Baron
Charles H. Baron
Also appears in The Resolution of Family Conflict: Comparative Legal Perspectives, edited by John M. Eekelaar and Sanford N. Katz, 575-610. Toronto: Butterworths, 1984.
Physician Assisted Suicide Should Be Legalized And Regulated, Charles Baron
Physician Assisted Suicide Should Be Legalized And Regulated, Charles Baron
Charles H. Baron
No abstract provided.
Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron
Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron
Charles H. Baron
In some situations, courts may be better sources of new law than legislatures. Some support for this proposition is provided by the performance of American courts in the development of law regarding the “right to die.” When confronted with the problems presented by mid-Twentieth Century technological advances in prolonging human life, American legislators were slow to act. It was the state common law courts, beginning with Quinlan in 1976, that took primary responsibility for gradually crafting new legal principles that excepted withdrawal of life-prolonging treatment from the application of general laws dealing with homicide and suicide. These courts, like the …
Les Aspects Contractuels De La Relation Du Médecin Et Du Patient En Droit Americain, Charles Baron
Les Aspects Contractuels De La Relation Du Médecin Et Du Patient En Droit Americain, Charles Baron
Charles H. Baron
No abstract provided.
Lawyer Advertising Gets Press, Charles Baron
'Voluntary' Sterilization Of The Mentally Retarded, Charles Baron
'Voluntary' Sterilization Of The Mentally Retarded, Charles Baron
Charles H. Baron
No abstract provided.
Bureaucratism In Legal Service Projects: The Case For A Mandatory Time Limit On Tenure, Charles Baron
Bureaucratism In Legal Service Projects: The Case For A Mandatory Time Limit On Tenure, Charles Baron
Charles H. Baron
No abstract provided.
Droit Constitutionnel Et Bioéthique: L'Expérience Américaine, Charles Baron
Droit Constitutionnel Et Bioéthique: L'Expérience Américaine, Charles Baron
Charles H. Baron
No abstract provided.
Will You Be Missing A Few Million Clients?, Charles Baron
Will You Be Missing A Few Million Clients?, Charles Baron
Charles H. Baron
No abstract provided.
On Taking Substituted Judgment Seriously, Charles Baron
On Taking Substituted Judgment Seriously, Charles Baron
Charles H. Baron
No abstract provided.
Not Dea'd Yet: Gonzalez V. Oregon, Charles Baron
Not Dea'd Yet: Gonzalez V. Oregon, Charles Baron
Charles H. Baron
On January 17, the Oregon Death with Dignity Act beat back yet another attempt on its life. In Gonzales v. Oregon, the U.S. Supreme Court (by a six-to-three vote) affirmed decisions of two lower federal courts and made permanent a 2001 injunction against federal prosecution of physicians who prescribe narcotics under the terms of the act. Media coverage of the decision both exaggerated and underplayed the decision’s significance.
La Théorie De L’Intention Originelle, La Sincérité Dans La Rédaction Des Opinions Des Juges Et Les Références À Des Sources Juridiques Étrangères Dans Le Processus D’Interprétation De La Constitution Aux États-Unis, Charles Baron
Charles H. Baron
No abstract provided.
The Dialogue Between Biomedicine And Law In An “Intraamerican Transnational Perspective”, Charles Baron
The Dialogue Between Biomedicine And Law In An “Intraamerican Transnational Perspective”, Charles Baron
Charles H. Baron
No abstract provided.
Fédéralisme Et Dialogue Sur L'Égalité: Une Comparaison Des Droits Des Etats-Unis Et De L'Union Européenne, Charles Baron, Sophie Robin-Olivier
Fédéralisme Et Dialogue Sur L'Égalité: Une Comparaison Des Droits Des Etats-Unis Et De L'Union Européenne, Charles Baron, Sophie Robin-Olivier
Charles H. Baron
No abstract provided.
Baker V State And The Promise Of The New Judicial Federalism, Lawrence Friedman, Charles Baron
Baker V State And The Promise Of The New Judicial Federalism, Lawrence Friedman, Charles Baron
Charles H. Baron
In Baker v. State, the Supreme Court of Vermont ruled that the state constitution's Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional law scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article …
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron
Charles H. Baron
In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …
Case Note: Federal Remedies: Declaratory And Injunctive Relief Against Unconstitutional State Criminal Proceedings, Charles Baron
Case Note: Federal Remedies: Declaratory And Injunctive Relief Against Unconstitutional State Criminal Proceedings, Charles Baron
Charles H. Baron
No abstract provided.
Delivery Of Legal Services To Low And Middle Income Consumers In The United States, Charles Baron
Delivery Of Legal Services To Low And Middle Income Consumers In The United States, Charles Baron
Charles H. Baron
No abstract provided.
Blood Transfusions, Jehovah’S Witnesses, And The American Patients’ Rights Movement, Charles H. Baron
Blood Transfusions, Jehovah’S Witnesses, And The American Patients’ Rights Movement, Charles H. Baron
Charles H. Baron
The litigation to protect Jehovah’s Witnesses from unwanted blood transfusions, which their theology considers a violation of the biblical prohibition against drinking blood, has produced important changes in both the right to refuse treatment and in the preferred treatment methods of all patients. This article traces the evolution of the rights of competent medical patients in the United States to refuse medical treatment. It also discusses the impact this litigation has had on the medical community’s realization that blood transfusions were neither as safe nor as medically necessary as medical culture posited.
Assisted Dying, Charles Baron
Review Of Toward Equal Justice: A Comparative Study Of Legal Aid In Modern Societies, By Mauro Cappelletti, James Gordley And Earl Johnson Jr., Charles Baron
Charles H. Baron
No abstract provided.
L' Interpretazione Costitutzionale Negli Stati Americani, Charles Baron
L' Interpretazione Costitutzionale Negli Stati Americani, Charles Baron
Charles H. Baron
No abstract provided.
The Mixed Roles Of The Guardian Ad Litem, Charles Baron
The Mixed Roles Of The Guardian Ad Litem, Charles Baron
Charles H. Baron
No abstract provided.
Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron
Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron
Charles H. Baron
Determining competence to request physician-assisted suicide should be no more difficult than determining competence to refuse life-prolonging treatment. In both cases, criteria and procedures should be developed out of the process of actually making capacity determinations; they should not be promulgated a priori. Because patient demeanor plays a critical role in capacity determinations, it should be made part of the record of such determinations through greater use of video- and audiotapes.