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Physician Involvement In Life-Ending Practices, Thomas A. Preston Jan 1995

Physician Involvement In Life-Ending Practices, Thomas A. Preston

Seattle University Law Review

This Article explains that we need to acknowledge physicians' widespread involvement in ending patients' lives by a variety of means, from withdrawal of life-sustaining treatment to euthanasia. Our inquiry should move from appearance and professional acceptance of practices to the conditions under which society allows physicians to be involved in ending patients' lives.


Seeking Compassion In Dying: The Washington State Law Against Assisted Suicide, Edward J. Larson Jan 1995

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. Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1995

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. Jan 1995

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 Jan 1995

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 Jan 1995

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 …