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Full-Text Articles in Law

Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron May 2000

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.


Conditioning Expectations: The Protection Of The Employment Bond In German And American Law, Thomas Kohler, Michael Kittner Dec 1999

Conditioning Expectations: The Protection Of The Employment Bond In German And American Law, Thomas Kohler, Michael Kittner

Thomas C. Kohler

According to many observers, one of the critical factors accounting for the unprecedented economic growth that the United States enjoyed during the past decade is a regulatory regime that places few restrictions on an employer's ability to shed unwanted employees. Similarly, the slower economic growth that Germany and Europe experienced during this period often is attributed to elaborate employment protection schemes that restrict the ability of employers to discharge undesired workers. These protections are blamed for making countries like Germany less attractive places for foreign investment. This piece examines in comparative perspective the restrictions the American and German regulatory schemes …


The Integrity Of Unrestricted Desire: Community, Values, And The Problem Of Personhood, Thomas Kohler Dec 1999

The Integrity Of Unrestricted Desire: Community, Values, And The Problem Of Personhood, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler Dec 1999

Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler

Thomas C. Kohler

No abstract provided.