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Full-Text Articles in Law
Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra
Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra
Fordham Urban Law Journal
This Article is a response to Steven Goldberg's article and lecture "Religious Contributions to the Bioethics Debate: Utilizing Legal Rights while Avoiding Scientific Temptations," 30 Fordham Urb. L.J., 35 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/13_30FordhamUrbLJ35(2002-2003).pdf). The author argues that the question is not the place of values in a world of fact, but the place of facts in a world of values.
The Psychology Of Competence And Informed Consent: Understanding Decision-Making With Regard To Clinical Research, Barry Rosenfeld
The Psychology Of Competence And Informed Consent: Understanding Decision-Making With Regard To Clinical Research, Barry Rosenfeld
Fordham Urban Law Journal
This Article examines the importance of patient autonomy and competence in medical decision making and how questions of competence affect informed consent. The author explores three hypothetical cases which "outline the parameters of 'competence' by illustrating the methodologies used in making [determinations of competence], distinguishing between ethical and legal issues in the assessment of competence, and reviewing the procedures for surrogate decision making when competence is deemed impaired." The cases present questions on when to respect patient autonomy and when it may be appropriate to allow a surrogate to take over decision making.
Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress
Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress
Fordham Urban Law Journal
This Article examines Protestant positions on informed consent/refusal regarding the use of human subjects in research. Primarily focusing on the work of Paul Ramsey, a Protestant scholar in science and ethics, the article describes the relationship between the God-man covenant and man-to-man covenants and the consequences thereof. Exploring the line between what Ramsey calls "charity" and "justice," the article finds differences between therapeutic and nontherapeutic research and who may participate with or without consent.
Informed Consent Without Autonomy, Daniel P. Sulmasy
Informed Consent Without Autonomy, Daniel P. Sulmasy
Fordham Urban Law Journal
This Essay explains why and how the Roman Catholic basis for informed consent is different from the secular basis. It argues that the Catholic basis, which is rooted in "natural law," is the better model for society to adopt. The author explains that the secular view is rooted in the belief that patient autonomy must never be violated but the Catholic view is based on human dignity, which simply requires doctors to allow patients to exercise their free will within moral limits. This view allows doctors to override patients' decisions if those decisions are morally wrong or irrational.
The Physician's Conscience, Conscience Clauses, And Religious Belief: A Catholic Perspective, Edmund D. Pellegrino
The Physician's Conscience, Conscience Clauses, And Religious Belief: A Catholic Perspective, Edmund D. Pellegrino
Fordham Urban Law Journal
This Essay explores how physicians may handle conflicts of conscience facing Roman Catholic health practitioners regarding "human life" issues, especially through conscience clauses. In five parts, the author examines "first, why conscientious objection is so important in our day; second, the moral grounding for freedom in the exercise of conscience; third, the components of the physician's conscience; fourth, specific conflicts of conscience for Catholic physicians and institutions; and fifth, competing models of conflict resolution."
The Physician As Conscientious Objector, J. David Bleich
The Physician As Conscientious Objector, J. David Bleich
Fordham Urban Law Journal
This Article examines the right of doctors to object, because of conflicts with the doctor's own morals, to treatment requested or refused by patients. Focusing mainly on end-of-life care, the author compares court opinions allowing or prohibiting doctors to withhold or withdraw life-sustaining treatment at the request of patients or their surrogates.
Religious Teachings And Reflections On Advance Directive - Religious Values And Legal Dilemmas In Bioethics: An Islamic Perspective, Faroque A. Khan
Religious Teachings And Reflections On Advance Directive - Religious Values And Legal Dilemmas In Bioethics: An Islamic Perspective, Faroque A. Khan
Fordham Urban Law Journal
This Essay analyses Islamic law and attempts to apply it to issues surrounding end-of-life care. The author concludes that Islam allows physicians to withdraw life-sustaining technologies if there is no hope for a cure, in the effort to prevent prolonged suffering.
Catholic Social Teaching And American Legal Perspective, Avery Cardinal Dulles, S.J.
Catholic Social Teaching And American Legal Perspective, Avery Cardinal Dulles, S.J.
Fordham Urban Law Journal
This Essay examines possible applications of Catholic social teachings to the practice and teaching of law. The author lists five major topics within Catholic social teaching: human dignity, the common good, solidarity, subsidiarity, and care of the environment. He then lists ways in which these ideals may be realized through the practice of law, including education, litigation, counseling, judging, and legislation.
Response To Avery Cardinal Dulles, John D. Feerick
Response To Avery Cardinal Dulles, John D. Feerick
Fordham Urban Law Journal
Dean Feerick responds to Avery Cardinal Dulles's essay and lecture "Catholic Social Teaching and American Legal Practice," 30 Fordham Urb. L.J., 277 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/27_30FordhamUrbLJ277(2002-2003).pdf). He expands upon the application of Catholic teachings to legal practice and highlights Fordham Law's implementation of those ideals.
Catholic Social Teaching And American Legal Practice: A Practical Response, Jennifer M. Mone
Catholic Social Teaching And American Legal Practice: A Practical Response, Jennifer M. Mone
Fordham Urban Law Journal
The author responds to Avery Cardinal Dulles's essay and lecture "Catholic Social Teaching and American Legal Practice," Fordham Urb. L.J., 277 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/27_30FordhamUrbLJ277(2002-2003).pdf). She provides a practical perspective on the applications of Catholic social teachings to the practice of law. She concludes that Catholic teachings and law intersect in two areas: in the lawyer's discretion and in the lawyer's professional interactions with others.
The Goodness-Of-Fit Ethic For Informed Consent, Celia B. Fisher
The Goodness-Of-Fit Ethic For Informed Consent, Celia B. Fisher
Fordham Urban Law Journal
This Essay argues that informed consent policies for adults with mental disorders need to reflect a relational approach that re-conceptualizes consent vulnerability in terms of a "goodness-of-fit" between patient characteristics and the consent context. The author explains the concept of consent vulnerability and how it applies to individuals with mental disorders and may itself impair their ability to make informed decisions. She then examines four psycho-legal standards of informed consent and how to enhance their usefulness and accuracy. Finally, she provides three hypothetical situations and applies the "goodness-of-fit" model to them to illustrate the function of the concept.
Religious Contributions To The Bioethics Debate: Utilizing Legal Rights While Avoiding Scientific Temptations, Steven Goldberg
Religious Contributions To The Bioethics Debate: Utilizing Legal Rights While Avoiding Scientific Temptations, Steven Goldberg
Fordham Urban Law Journal
This Article explores the authors views on the place of religious debate concerning scientific issues. It outlines the author's concerns with religion becoming overshadowed by science, even within relgious communities, and his ideas on how religion may be brought to the forefront.