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State and Local Government Law Commons™
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Articles 1 - 3 of 3
Full-Text Articles in State and Local Government Law
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 …
“Inherently Bad, And Bad Only”: A History Of State-Level Regulation Of Cigarettes And Smoking In The United States Since The 1880s. Volume 1: An In-Depth National Study Embedding Ultra-Thick Description Of A Representative State (Iowa), Marc Linder
Marc Linder
This book lays out empirical and methodological underpinnings for studying the early period of anti-cigarette legislation in the United States by overcoming the lack of primary source-based historical scholarship. Constantly repeating wildly erroneous claims at second, third, and more remote hand, anti-smoking academics and pro-tobacco apologists have fundamentally distorted history, on the one hand by dismissing the early anti-cigarette movement as merely religiously and morally motivated and the legislation it secured as unenforced exercises bereft of historical relevance, and, on the other by absurdly magnifying its achievements. Reconstruction of the national scope of the real course of the passage and …
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 …