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Articles 1 - 4 of 4
Full-Text Articles in Medical Jurisprudence
Narrative Capacity, James Toomey
Narrative Capacity, James Toomey
Elisabeth Haub School of Law Faculty Publications
The doctrine of capacity is a fundamental threshold to the protections of private law. The law only recognizes private decision-making—from exercising the right to transfer or bequeath property and entering into a contract to getting married or divorced—made with the level of cognitive functioning that the capacity doctrine demands. When the doctrine goes wrong, it denies individuals, particularly older adults, access to basic private-law rights on the one hand and ratifies decision-making that may tear apart families and tarnish legacies on the other.
The capacity doctrine in private law is built on a fundamental philosophical mismatch. It is grounded in …
"As Long As I'M Me": From Personhood To Personal Identity In Dementia And Decision-Making, James Toomey
"As Long As I'M Me": From Personhood To Personal Identity In Dementia And Decision-Making, James Toomey
Elisabeth Haub School of Law Faculty Publications
As people, especially older people, begin to develop dementia, we confront ethical questions about when and how to intervene in their increasingly compromised decision-making. The prevailing approach in philosophically-inclined bioethics to tackling this challenge has been to develop theories of “decision-making capacity” based on the same characteristics that entitle the decisions of moral persons to respect in general. This Article argues that this way of thinking about the problem has missed the point. Because the disposition of property is an identity-dependent right, what matters in dementia and decision-making is an individual’s personal identity with their prior self, not their moral …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Compensation For Victims Of Crimes, Law Review Staff
Compensation For Victims Of Crimes, Law Review Staff
Vanderbilt Law Review
The steadily increasing number of crimes in the United States and other Western countries brings about not only the destruction of property and the expenditure of money and effort to apprehend and punish the criminals, but also physical injury to thousands of innocent victims.' Although our society has established elaborate safe-guards for the rights of the accused criminal, the injured victim is left to shoulder the responsibility of paying his own medical bills and providing for his own living expenses while he is unable to work. Because of the extremely high cost of medical and hospital care, even a well …