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Articles 301 - 317 of 317
Full-Text Articles in Other Law
Seeking Compassion In Dying: The Washington State Law Against Assisted Suicide, Edward J. Larson
Seeking Compassion In Dying: The Washington State Law Against Assisted Suicide, Edward J. Larson
Seattle University Law Review
From a constitutional standpoint, the decision by Judge Rothstein is more significant than the Oregon initiative because her reasoning calls into question statutes against assisted suicide that are currently in effect in most American states and are part of traditional Anglo-American law. Her ruling goes far beyond the Oregon initiative (now the Death With Dignity Act), which created a narrow statutory exception in the law against assisted suicide. It establishes a broad, new constitutional right that will restrict legislative efforts to address this controversial social issue. The decision was unprecedented; no prior court had limited a state's authority to outlaw …
Practical Implications For Health Care Providers In A Physician-Assisted Suicide Environment, Donald E. Spencer, Ed.D.
Practical Implications For Health Care Providers In A Physician-Assisted Suicide Environment, Donald E. Spencer, Ed.D.
Seattle University Law Review
In this Article, I present key practical implications that the attorney and health care providers need to consider. I also present implications for public policy. I do not take a stand in the Article for or against physician-assisted suicide, either morally, ethically, or legally. Other articles in this Review and numerous other professional publications do. Instead, this Article begins the discussion of procedures for health care providers in an environment of legal physician-assisted suicide. An attorney who advises legal review of proposed procedures for handling physician-assisted suicide requests will serve the health care provider well. The procedures must meet the …
Preface, Annette E. Clark
Preface, Annette E. Clark
Seattle University Law Review
On November 18, 1994, the Seattle University School of Law and the Seattle University Law Review proudly sponsored A Symposium on the Legal, Medical, Ethical, and Societal Issues Surrounding Physician-Assisted Death. This Symposium was notable not only for its timely subject matter, but also because it was the first of our annual symposia to be held under the auspices of our new parent institution, Seattle University. From the earliest planning stages, the Seattle University administration and academic community exhibited remarkable support and enthusiasm for this endeavor. The Symposium and this issue thus mark the beginning of what promises to be …
Physician-Assisted Suicide, Albert R. Jonsen
Physician-Assisted Suicide, Albert R. Jonsen
Seattle University Law Review
This Article briefly summarizes the history of the euthanasia debate in the United States, describes the classical arguments for and against euthanasia, examines the terms of the current debate, and concludes that while society may want to recognize a competent patient's right to escape the suffering of a terminal illness, it should do so with humility—and with caution.
Physician Aid In Dying: A Humane Option, A Constitutionally Protected Choice, Kathryn L. Tucker, David J. Burman
Physician Aid In Dying: A Humane Option, A Constitutionally Protected Choice, Kathryn L. Tucker, David J. Burman
Seattle University Law Review
This Article presents the argument that the Fourteenth Amendment protects the individual decision to hasten death with physician-prescribed medication and that statutes prohibiting physician-assisted suicide deny equal protection, guaranteed by the Fourteenth Amendment, to competent, terminally-ill adults who are not on life support.
The Professional Liability Crisis And The Need For Professional Limited Liability Companies: Washington's Model Approach, Bryan Smith
Seattle University Law Review
This Comment argues that every state should allow professionals to take advantage of LLC statutes, as Washington has done. Such action will provide protection for accountants and lawyers from the wave of litigation that has surfaced in recent times and to restore an element of confidence to these professions. This Comment further asserts that allowing professionals to use LLC statutes is not only consistent with the duties peculiar to the accounting and legal professions, but also a necessary step when viewed in light of the policies of fairness, efficiency, and public protection. Initially, Part II of this Comment describes the …
Medical Concerns About Physician-Assisted Suicide, Peter M. Mcgough, M.D.
Medical Concerns About Physician-Assisted Suicide, Peter M. Mcgough, M.D.
Seattle University Law Review
The November 8, 1994 passage of Oregon's Measure 16, which permits physicians to comply with the request of a competent adult patient with less than six months to live for a prescription for lethal drugs, has intensified the debate over the legalization of physician-assisted suicide following the defeats of similar initiatives in Washington and California. Subsequent legal challenge to Measure 16 and the present preliminary injunction3 has shown that passage and popularity of a public initiative does not ensure its legality. The issue of physician-assisted suicide is most likely headed for the United States Supreme Court. This Article is intended, …
Lost At Sea: An Argument For Seaman Status For Fisheries Observers, Alecia M. Van Atta
Lost At Sea: An Argument For Seaman Status For Fisheries Observers, Alecia M. Van Atta
Seattle University Law Review
This Comment addresses the question of how observers should be classified within the structures of maritime law. Part II discusses the importance of the fisheries observer program, as well as the federal authority that created it. Part III discusses the risks and remedies afforded to those who work upon the high seas and presents the policy reasons for granting observers seaman status. Part IV discusses the judicial debate surrounding this issue and presents the legal reasons for granting observers seaman status. Part V discusses how the reauthorization of the Magnuson Act provides an opportunity to clearly define the observer's legal …
Exposing Some Myths About Physician-Assisted Suicide, Giles R. Scofield
Exposing Some Myths About Physician-Assisted Suicide, Giles R. Scofield
Seattle University Law Review
From my perspective, the fuss about physician-assisted suicide is about as important as re-arranging the deck chairs on the Titanic. Given the current state of our health care system, which remains in a state of crisis regardless—and perhaps because of—what did not happen last year, the legalization of physician-assisted suicide is morally essential only to those who are indifferent to the health care needs and concerns of most Americans. You now know that I do have something to say about this issue. Instead of engaging in the debate, however, I intend to engage the debate. By that, I mean that …
Krishna V. Lee Extricates The Inextricable: An Argument For Regulating The Solicitation In Charitable Solicitations, John Dziedzic
Krishna V. Lee Extricates The Inextricable: An Argument For Regulating The Solicitation In Charitable Solicitations, John Dziedzic
Seattle University Law Review
This Comment argues that, in the wake of the Supreme Court's decision in Society for Krishna Consciousness v. Lee, state and local regulations are more likely to pass federal constitutional muster if they regulate obnoxious fundraising practices defined with sufficient precision. The Riley trilogy and the continued existence of charitable solicitation scams have shown that attempting to prevent the "improper use of contributions intended for charitable purposes" by regulating how much charities pay for fundraising services has been not only unconstitutional but also ineffective. Part II is a brief review of the Riley trilogy, with an emphasis on the …
What Would Happen If Videotaped Depositions Of Sexually Abused Children Were Routinely Admitted In Civil Trials? A Journey Through The Legal Process And Beyond , John B. Mitchell
What Would Happen If Videotaped Depositions Of Sexually Abused Children Were Routinely Admitted In Civil Trials? A Journey Through The Legal Process And Beyond , John B. Mitchell
Seattle University Law Review
As all of us are aware, there has been concern throughout our legal system about the trauma that child victims of sexual abuse suffer when testifying at criminal trials. It is likely that these same concerns will follow into the civil arena as civil cases for sexual abuse of child victims become more common. In response, advocates of child victims will propose that videotapes of child depositions be admitted in trial in place of live testimony. Such evidence may have profound effects on juries and may also alter the role of advocates in our civil system. This Article is about …
Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson
Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson
Seattle University Law Review
This Comment argues that the Washington legislature should amend Washington law to allow the removal of life-support measures, including artificial nutrition and hydration, from an incompetent patient in a persistent vegetative state. The Comment further argues that rather than following the ambiguous Informed Consent Law, the legislature should adopt the procedure outlined in the first, unmodified Grant decision. Part II of this Comment examines the Cruzan decision by the United States Supreme Court, including the facts of the case, holding of the court, aftermath of the decision, and long-term effects of the case. Part II also includes an extensive analysis …
What's "Appropriate"?: Finding A Voice For Deaf Children And Their Parents In The Education For All Handicapped Children Act, Suzanne J. Shaw
What's "Appropriate"?: Finding A Voice For Deaf Children And Their Parents In The Education For All Handicapped Children Act, Suzanne J. Shaw
Seattle University Law Review
Initially, the Comment briefly reviews the EAHCA's purpose and its legislative history, and describes the workings of its administrative procedures. The Comment then examines the seminal case interpreting the EAHCA, Board of Education v. Rowley, as it applies to the parents' role in a deaf child's education. This section of the Comment also explores the meaning currently given to "free appropriate education" and "least restrictive environment" (LRE), as well as the natural, and possibly irresolvable, tension between these requirements. Against this background, Section III of this Comment then sets out the Act's unique impact on deaf children. This impact …
The Subverting Of The Goeduck: Sex And Gender, Which And That, And Other Adventures In The Language Of The Law, Robert C. Cumbow
The Subverting Of The Goeduck: Sex And Gender, Which And That, And Other Adventures In The Language Of The Law, Robert C. Cumbow
Seattle University Law Review
The "adventures in the language of the law" that follow examine some contemporary usage problems that have special implications for the law and suggest ways these problems might be avoided or resolved.
A January Report, Fredric C. Tausend
A January Report, Fredric C. Tausend
Seattle University Law Review
The following is the text of remarks delivered by Dean Fredric C. Tausend to the annual meeting of the law school's Board of Visitors at the Norton Clapp Law Center on January 16, 1981.
Mid-City Law Center: Opportunity For Academic Innovation, Andrew S. Watson
Mid-City Law Center: Opportunity For Academic Innovation, Andrew S. Watson
Seattle University Law Review
This paper will explore some aspects of legal educaton in the context of the Norton Clapp Law Center, a new mid-city law school complex. The innovations in this Center will bring certain educational hazards, many of which are at the center of recent pedagogical discussions about law schools. This paper attempts to identify these hazards and contemplate ways to forestall them. I will not explore these issues as either a lawyer, an economist, a sociological or anthropological analyst. Rather, my observations will be those of a working psychiatric clinician who is a long-time member of a law faculty, and who …
Remarks Of Warren E. Burger, Chief Justice Of The United States, At The Dedication Of The Norton Clapp Law Center, Warren E. Burger
Remarks Of Warren E. Burger, Chief Justice Of The United States, At The Dedication Of The Norton Clapp Law Center, Warren E. Burger
Seattle University Law Review
Thirty-five years ago the American historian, Henry Steele Commager, wrote that: "Nothing in all history succeeded like America." He was not speaking simply of the success of our unique political experiment or of our remarkable productivity, wealth, and material prosperity, but more of the flowering of the human spirit under the system of freedom that we established two centuries ago. Why was this so? The real meaning can be understood better as we see oppressed people in all parts of the world making a beaten path to our shores—the "Boat People" of Vietnam and Cambodia, and the newer "Boat People" …