Medical Jurisprudence Commons^™

Avoiding Prolonged Dementia, Norman L. Cantor

Norman Cantor

The Relation Between Autonomy-Based Rights And Profoundly Disabled Persons, Norman L. Cantor

Norman Cantor

“The Relation Between Autonomy-based Rights and Profoundly Mentally Disabled Persons” Competent persons have fundamental rights to decide about abortion, methods of contraception, and rejection of life-sustaining medical treatment. Profoundly disabled persons are so cognitively impaired that they cannot make their own serious medical decisions. Yet some courts suggest that the mentally impaired are entitled to “the same right” to choice regarding critical medical decisions as competent persons. This article discusses the puzzling question of how to relate autonomy-based rights to never-competent persons. It argues that while profoundly disabled persons cannot be entitled to make their own medical decisions, they have …

On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor

Norman Cantor

In a famous 1958 article, Yale Kamisar brilliantly examined the hazards of abuse and of slippery slope extensions that subsequently, for 46 years, served to thwart legalization of physician-assisted death (PAD). This paper shows that during the same period law and culture have effectively accepted a variety of ways for stricken people to hasten death, with physicians involved in diverse roles. Those ways include rejection of nutrition and hydration, terminal sedation, administration of risky analgesics, and withholding or withdrawal of medical life support. If these existing lawful modes of hastening death were widely acknowledged, the pressure to legalize voluntary active …

On Hastening Death Without Violating Legal Or Moral Prohibitions, Norman L. Cantor

Norman Cantor

While the vast majority of fatally afflicted persons have a powerful wish to remain alive, some stricken persons may, for any of a host of reasons, desire to hasten death. Some persons are afflicted with chronic degenerative diseases that take a grievous toll. Chronic pain may be severe and intractable, anxiety about a future treatment regimen may be distressing, and helplessness may erode personal dignity and soil the image that the afflicted person wants to leave behind. A dying patient’s interest in hastening death is often said to be in tension with a bedrock social principle that respect for sanctity …

Changing The Paradigm Of Advance Directives To Avoid Prolonged Dementia, Norman L. Cantor

Norman Cantor

Honing The Emerging Right To Stop Eating And Drinking, Norman L. Cantor

Norman Cantor

No abstract provided.

The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser

Harvey L. Fiser

Coming to a hospital near you, the medically enhanced doctor - a doctor who thinks faster, is better with short and long term memory, is calmer during surgery, can work double shifts with little cognitive fatigue, and one day may have the memories of years of experience without actually having had them. With the expanded use of cognitive enhancing pharmaceuticals such as Adderall, Provigil, and more on the way, we are already seeing changes in education and the corporate world. From reaching a “normal” status for a person with an ADHD diagnosis to creating the “supernormal” employee with cognitive enhancers, …

Human Dignity As A Normative Standard Or As A Value In Global Health Care Decisionmaking?, George P. Smith

George P Smith

Abstract

Dignity is seen commonly as an ethical obligation owed to human persons. The dimensions of this obligation, in today’s post secular society, are—however—subject to wide discussion and debate; for, the term, human dignity, and its preservation, defies universal agreement. Yet its preservation, together with the prevention of indignity, is a guiding principle or at least a vector of force in a wide range of issues ranging from embryo research and assisted reproduction to biomedical enhancement, and the care of the disable and to the dying. In clinical medicine, safeguarding the dignity of the patient is a core responsibility of …

Patient Safety At Odds With Patient Privacy? The Case Of National And Regional Quality Registries For Incapacitated Elderly In Sweden, Titti Mattsson

Titti Mattsson

No abstract provided.

Assisted Death And The Slippery Slope—Finding Clarity Amid Advocacy, Convergence, And Complexity, Mary J. Shariff

Mary J. Shariff

This paper unpacks the slippery slope argument as it pertains to assisted death. The assisted-death regimes of the Netherlands, Belgium, Luxembourg, Switzerland, and the states of Washington and Oregon are discussed and examined with respect to the slippery slope analytical rubric. In addition to providing a preliminary explanation of how the slippery slope argument has been academically defined and constructed, the paper examines assisted-death models from the perspective of considering what might exist at the top and at the bottom of the slippery slope. It also explores the nature and scope of safeguards implemented to avoid slippage, and shows that …

Palliative Care: An Enforceable Canadian Human Right?, Yude M. Henteleff, Mary J. Shariff, Darcy L. Macpherson

Mary J. Shariff

This article lays out a series of approaches for establishing an enforceable human right to palliative care in Canada. The article first examines international human rights instruments to which Canada is a signatory, and concludes that they offer limited assistance to palliative care advocates. The article then examines two promising Charter challenges. The first, based on section 15, argues that since palliative care is provided unevenly to those who require it, the equality provisions of the Charter could compel equitable provision of palliative care to Canadians with life-limiting illnesses. The second is based on section 7, and argues that failure …

"A Perfection Of Means, And Confusion Of Aims": Finding The Essence Of Autonomy In Assisted Death Laws, Mary Shariff

Mary J. Shariff

This article explores whether the principles of autonomy and self-determination are indeed at the root of the assisted death laws currently in place in a number of jurisdictions. It is written to appeal to a very broad audience and to those who wish to become better informed about the legal aspects of the assisted death debate. The article first provides a comprehensive and comparative examination of the assisted death laws in the jurisdictions that have promulgated express legislation to regulate assisted death – The Netherlands, Belgium, Luxembourg, Oregon and Washington and also includes an examination of Switzerland, which does not …

Compliance With Advance Directives: Wrongful Living And Tort Law Incentives, Holly Lynch, Michele Mathes, Nadia Sawicki

Nadia N. Sawicki

Modern ethical and legal norms generally require that deference be accorded to patients' decisions regarding treatment, including decisions to refuse life-sustaining care, even when patients no longer have the capacity to communicate those decisions to their physicians. Advance directives were developed as a means by which a patient's autonomy regarding medical care might survive such incapacity. Unfortunately, preserving patient autonomy at the end of life has been no simple task. First, it has been difficult to persuade patients to prepare for incapacity by making their wishes known. Second, even when they have done so, there is a distinct possibility that …

El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Through The Legal Looking Glass: Exploring The Concept Of Corporate Legal Strategy, Antoine Masson, Mary J. Shariff

Mary J. Shariff

This paper sets out to examine various forms of legal strategies that have thus far been identified in the areas of litigation, corporate management and competition. The goal here is to identify and classify emerging approaches to legal strategy discussion in order to assist in the overall study of legal strategy theory as well as to assist in the development of an integrated and accurate definition of legal strategy from a law perspective.

Through The Legal Looking Glass: Exploring The Concept Of Corporate Legal Strategy, Antoine Masson, Mary J. Shariff

Mary J. Shariff

This paper sets out to examine various forms of legal strategies that have thus far been identified in the areas of litigation, corporate management and competition. The goal here is to identify and classify emerging approaches to legal strategy discussion in order to assist in the overall study of legal strategy theory as well as to assist in the development of an integrated and accurate definition of legal strategy from a law perspective.

Immortal Beloved And Beleaguered: Towards The Integration Of The Law On Assisted Death And The Scientific Pursuit Of Life Extension, Mary J. Shariff

Mary J. Shariff

This article sets out to explore the scientific pursuit of life extension in the context of current controversies surrounding death, particularly those that involve competent individuals who desire death but are unable to bring it about without the assistance of another individual. Humans are on the threshold of being able to significantly increase their life expectancy yet, in Canada and elsewhere, we have still not come to any consensus as to how we are permitted to die. After a brief introduction in Part I, Part II of this article summarizes the legal position in Canada on assisted death and explores …

Gay And Lesbian Elders: Estate Planning And End-Of-Life Decisionmaking, Nancy J. Knauer

Nancy J. Knauer

This Article addresses the three areas of core concern for gay and lesbian elders -- chosen family, financial insecurity, and anti-gay bias in the context of estate planning. The first section provides an overview of the current generation of gay and lesbian elders, including a summary of pre-Stonewall history and existing demographic information. The second section outlines the challenges associated with drafting an estate plan that favors chosen family over next of kin. The third section engages the topic of financial insecurity, discussing various benefits and government programs, such as social security and Medicaid planning. The fourth and final section …

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano

Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Making Advance Directives Meaningful, Norman L. Cantor

Norman Cantor

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.