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Medical Jurisprudence Commons™

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State and Local Government Law

Michigan Law Review

Articles 1 - 11 of 11

Full-Text Articles in Medical Jurisprudence

Death, Dying, And Domination, Marc Spindelman Jan 2008

Death, Dying, And Domination, Marc Spindelman

Michigan Law Review

This Article critiques conventional liberal arguments for the right to die on liberal grounds. It contends that these arguments do not go far enough to recognize and address private, and in particular structural, forms of domination. It presents an alternative that does, which is thus more respectful of true freedom in the context of death and dying, and also more consistent with liberalism. After discussing obstacles to the achievement of a right to die that encompasses freedom from both public and private domination, the Article closes with a significant reform project within bioethics that might help bring it about.

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In The Laboratory Of The States: The Progress Of Glucksberg'S Invitation To States To Address End-Of-Life Choice, Kathryn L. Tucker Jan 2008

In The Laboratory Of The States: The Progress Of Glucksberg'S Invitation To States To Address End-Of-Life Choice, Kathryn L. Tucker

Michigan Law Review

It has now been ten years since the Supreme Court handed down Glucksberg and Quill, rulings on laws that forbid "assisted suicide." In that time, normative and legal developments in the fields of law, medicine, and psychology have changed the landscape of the discourse on the choice of a mentally competent, terminally ill individual to choose to self-administer medications to bring about a peaceful death. Although the Court rejected petitioners' claims that state laws denying them the ability to end their terminal illnesses through self-administered medication violated the Constitution, it left states with the opportunity to experiment with legislation …

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Physician-Assisted Suicide In Oregon: A Medical Perspective, Herbert Hendin, Kathleen Foley Jan 2008

Physician-Assisted Suicide In Oregon: A Medical Perspective, Herbert Hendin, Kathleen Foley

Michigan Law Review

This Article examines the Oregon Death with Dignity Act from a medical perspective. Drawing on case studies and information provided by doctors, families, and other care givers, it finds that seemingly reasonable safeguards for the care and protection of terminally ill patients written into the Oregon law are being circumvented. The problem lies primarily with the Oregon Public Health Division ("OPHD"), which is charged with monitoring the law. OPHD does not collect the information it would need to effectively monitor the law and in its actions and publications acts as the defender of the law rather than as the protector …

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Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review Nov 1967

Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review

Michigan Law Review

Defendant's attorney in a personal injury action sought on cross-examination to impeach plaintiff's physician regarding his determination of the degree of plaintiff's disability by referring to the medical standards set forth in the American Medical Association's Guide to the Evaluation of Permanent Impairment--The Extremities and Back. Pointing to the physician's testimony that he had not relied on the Guide in making his evaluation, the trial court sustained plaintiff's objection that such cross-examination was not permissible. On appeal, the Wisconsin Supreme Court held that the trial court was correct in sustaining the objection in accordance with the established rule that it …

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Criminal Law - Insane Persons - Competency To Stand Trial, John H. Hess M.D., Henry B. Pearsall S.Ed., Donald A. Slichter S.Ed., Herbert E. Thomas M.D. May 1961

Criminal Law - Insane Persons - Competency To Stand Trial, John H. Hess M.D., Henry B. Pearsall S.Ed., Donald A. Slichter S.Ed., Herbert E. Thomas M.D.

Michigan Law Review

Mental unsoundness in a person accused of a crime raises two distinct legal questions. One is the question of the individual's responsibility for his behavior and the other is the question of the individual's competency to enter into the legal procedures of trial or punishment. In recent years considerable attention has been given to matters of responsibility, but relatively little attention has been paid to the problem of incompetency and especially to the consequences of incompetency proceedings. In order to analyze and evaluate the operations of the Michigan law in the area of incompetency to stand trial, two psychiatrists joined …

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Note And Comment, Harry B. Hutchins, Donald L. Way, Wendal A. Herbruck Jan 1909

Note And Comment, Harry B. Hutchins, Donald L. Way, Wendal A. Herbruck

Michigan Law Review

The Ownership of Sunken Logs; Combination Among Physicians to Fix Prices for Professional Services; The Issuance of Receivers' Certificates to pay Interest, Etc.; The Federal Constitution is Not Violated by a State Law Compelling one Accused of Crime to Testify Against Himself; Transfer of Negotiable Instrument Without Endorsement

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Note And Comment, Harry B. Hutchins, Frank B. Fox, John E. Winner Jun 1908

Note And Comment, Harry B. Hutchins, Frank B. Fox, John E. Winner

Michigan Law Review

The Liability of a Physician for the Acts of His Partner; Municipal Taxation by Appointive Boards or Commissioners; The Right of a Married Woman to Recover for Personal Injuries; What is Corporate Action?;

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Note And Comment, Harry B. Hutchins, Ralph W. Aigler, T. Harry Slusser, Ivan E. Chapman May 1907

Note And Comment, Harry B. Hutchins, Ralph W. Aigler, T. Harry Slusser, Ivan E. Chapman

Michigan Law Review

The James McMillan Memorial Association; Liability of Hospitals for the Negligence of Their Physicians and Nurses; Intent in Embezzlement by Corporate Official; The Validity of the Initiative and Referendum; Scope of Review, on Appeal from Decision of State Board of Health, Revoking Certificate to Practice Medicine; What are the Rights of a Person Under a Promise to do That Which He was Already under Obligation to Do?;

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Note And Comment, Harry B. Hutchins, Ralph W. Aigler, Fabian B. Dodds, Justice Wilson Jan 1907

Note And Comment, Harry B. Hutchins, Ralph W. Aigler, Fabian B. Dodds, Justice Wilson

Michigan Law Review

What is the Practice of Medicine?; A Home Rule Charter and the Constitution; Recent Decisions on Trade-Marks and Unfair Trade; Liability of Anomalous or Irregular Indorser; Treatise Part of the Supreme Law of the Land;

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Note And Comment, Harry B. Hutchins, Henry M. Bates, John R. Rood, John R. Rood, Charles R. Dibble, John R. Rood, Horace Lafayette Wilgus Nov 1905

Note And Comment, Harry B. Hutchins, Henry M. Bates, John R. Rood, John R. Rood, Charles R. Dibble, John R. Rood, Horace Lafayette Wilgus

Michigan Law Review

The Law School; Unauthorized Operation by Physician; The Kansas Oil Refinery Bill; Garnishment of Public Corporations; The rule in Wild's Case Today; Effect of a complicated Form of Ballot on the Elector's Freedom of Choice; Situs of Debts for Garnishment; Malicious Interference With the Contract of Employment

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Note And Comment, Michigan Law Review Mar 1905

Note And Comment, Michigan Law Review

Michigan Law Review

The Federal Safety Appliance Act as a Regulation of Interstate Commerce; Liability of Christian Science Healer for Negligence and Deceit; Iowa and the Rule in Shelley's Case; Are Conditions Imposed by the Vendor of Chattels Binding on Subsequent Purchasers? Necessity for the Personal Presence of the Accused Upon Arraignment; Unconstitutional Aids to Local Industries; Damages for Mental Suffering Unaccompanied by Physical Injury

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