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Articles 211 - 212 of 212
Full-Text Articles in Medical Jurisprudence
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Charles H. Baron
In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …
English Translation Of Judgment Of Cannon J In Montreal Tramways Co. V. Léveillé [1933] S.C.R. 456, Neil J. Foster
English Translation Of Judgment Of Cannon J In Montreal Tramways Co. V. Léveillé [1933] S.C.R. 456, Neil J. Foster
Neil J Foster
This is an English translation of the judgment of Cannon J in the Supreme Court of Canada decision of Montreal Tramways Co. v. Léveillé [1933] S.C.R. 456, a seminal decision on liability for antenatal torts. The English translation was prepared by the parties in the Supreme Court of Victoria decision of Watt v Rama [1972] VR 353 (see 357 for a summary). The full translation was located at the request of a student of mine in 2011 by the Registry of the Supreme Court of Victoria, and is made available here for general interest of scholars researching this area.