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Retributive Medication: A Discussion Of A Maine Law Allowing Involuntary, Forcible Medication Of A Pretrial Defendant For The Purpose Of Rendering The Defendant Competent To Stand Trial, Ashley T. Perry 2017 University of Maine School of Law

Retributive Medication: A Discussion Of A Maine Law Allowing Involuntary, Forcible Medication Of A Pretrial Defendant For The Purpose Of Rendering The Defendant Competent To Stand Trial, Ashley T. Perry

Maine Law Review

Innocent until proven guilty—it’s a phrase we have all heard, know, and accept. But there are circumstances where this simple concept is strained in its application, such as when a legally incompetent defendant is facing trial. After all, how can a defendant be proven guilty if he cannot stand trial? The Supreme Court of the United States has determined that forcibly medicating an incompetent defendant solely to render the defendant competent to stand trial is permissible under the Federal Constitution. However, the Federal Constitution provides only the floor-level of civil rights; states are free to set their own ...


On Hastening Death Without Violating Legal Or Moral Prohibitions, Norman L. Cantor 2017 Rutgers U. School of Law, Newark

On Hastening Death Without Violating Legal Or Moral Prohibitions, Norman L. Cantor

Norman Cantor

While the vast majority of fatally afflicted persons have a powerful wish to remain alive, some stricken persons may, for any of a host of reasons, desire to hasten death. Some persons are afflicted with chronic degenerative diseases that take a grievous toll. Chronic pain may be severe and intractable, anxiety about a future treatment regimen may be distressing, and helplessness may erode personal dignity and soil the image that the afflicted person wants to leave behind.

A dying patient’s interest in hastening death is often said to be in tension with a bedrock social principle that respect for ...


On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor 2017 Rutgers U. School of Law, Newark

On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor

Norman Cantor

In a famous 1958 article, Yale Kamisar brilliantly examined the hazards of abuse and of slippery slope extensions that subsequently, for 46 years, served to thwart legalization of physician-assisted death (PAD). This paper shows that during the same period law and culture have effectively accepted a variety of ways for stricken people to hasten death, with physicians involved in diverse roles. Those ways include rejection of nutrition and hydration, terminal sedation, administration of risky analgesics, and withholding or withdrawal of medical life support. If these existing lawful modes of hastening death were widely acknowledged, the pressure to legalize voluntary active ...


The Relation Between Autonomy-Based Rights And Profoundly Disabled Persons, Norman L. Cantor 2017 Rutgers U. School of Law, Newark

The Relation Between Autonomy-Based Rights And Profoundly Disabled Persons, Norman L. Cantor

Norman Cantor

“The Relation Between Autonomy-based Rights and Profoundly Mentally Disabled Persons” Competent persons have fundamental rights to decide about abortion, methods of contraception, and rejection of life-sustaining medical treatment. Profoundly disabled persons are so cognitively impaired that they cannot make their own serious medical decisions. Yet some courts suggest that the mentally impaired are entitled to “the same right” to choice regarding critical medical decisions as competent persons. This article discusses the puzzling question of how to relate autonomy-based rights to never-competent persons. It argues that while profoundly disabled persons cannot be entitled to make their own medical decisions, they have ...


Changing The Paradigm Of Advance Directives To Avoid Prolonged Dementia, Norman L. Cantor 2017 Rutgers Law School - Newark

Changing The Paradigm Of Advance Directives To Avoid Prolonged Dementia, Norman L. Cantor

Norman Cantor

For some people, the specter of being mired in progressively degenerative dementia is an intolerably degrading prospect. One avoidance tactic is to take steps to end one's existence while still competent. That risks a premature demise while still enjoying a tolerable lifestyle. The question arises whether an alternative tactic -- an advance directive declining all life-sustaining intervention once a certain point of debilitation is reached -- might be preferable. This article describes the legal and moral foundation for an advance directive declining even simplistic interventions at a relatively early stage of decline. My own model directive is included.


Compulsory Medical Treatment Of Adults, Peter J. Riga 2017 St. John's University School of Law

Compulsory Medical Treatment Of Adults, Peter J. Riga

The Catholic Lawyer

No abstract provided.


The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, Stephen Seely 2017 Seattle University School of Law

The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, Stephen Seely

Seattle University Law Review

This Note identifies how the Pacific Northwest Emergency Management Arrangement member states of Alaska, Idaho, Oregon, and Washington apply tort liability and immunity to medical professionals during times of disaster. This Note also identifies an example statutory scheme that, if enacted, will provide equal protection to all physicians who provide care to disaster victims, regardless of their local or out-of-state status.


The Trouble With The Curve: Manufacturer And Surgeon Liability For “Learning Curves” Associated With Unreliably-Screened Implantable Medical Devices, Frank Griffin 2017 University of Arkansas, Fayetteville

The Trouble With The Curve: Manufacturer And Surgeon Liability For “Learning Curves” Associated With Unreliably-Screened Implantable Medical Devices, Frank Griffin

Arkansas Law Review

No abstract provided.


Mental Disorder And Criminal Justice, Stephen J. Morse 2017 University of Pennsylvania Law School

Mental Disorder And Criminal Justice, Stephen J. Morse

Faculty Scholarship

This paper is a chapter that will appear in ACADEMY FOR JUSTICE, A REPORT ON SCHOLARSHIP AND CRIMINAL JUSTICE REFORM (Erik Luna ed., forthcoming 2017). The criminal law treats some people with severe mental disorders doctrinally and practically differently at virtually every stage of the criminal justice process, beginning with potential incompetence to stand trial and ending with the question of competence to be executed, and such people have special needs when they are in the system. This chapter begins by exploring the fundamental mental health information necessary to make informed judgements about how the criminal justice system should respond ...


Dietary Supplements Are Not All Safe And Not All Food: How The Low Cost Of Dietary Supplements Preys On The Consumer, Joanna K. Sax 2017 California Western School of Law

Dietary Supplements Are Not All Safe And Not All Food: How The Low Cost Of Dietary Supplements Preys On The Consumer, Joanna K. Sax

Joanna K Sax

Dietary supplements are regulated as food, even though the safety and efficacy of some supplements are unknown. These products are often promoted as 'natural.' This leads many consumers to fail to question the supplements' safety, and some consumers even equate 'natural' with safe. But, 'natural' does not mean safe. For example, many wild berries and mushrooms are dangerous although they are natural. Another example is tobacco -- a key ingredient in cigarettes: it is natural, but overwhelming studies have established the harm of cigarette smoke. The Food and Drug Administration (FDA) only has limited ability to regulate the entry of new ...


The Time Of Death - A Legal, Ethical And Medical Dilemma, John E. Pearson 2017 St. John's University School of Law

The Time Of Death - A Legal, Ethical And Medical Dilemma, John E. Pearson

The Catholic Lawyer

No abstract provided.


Can The Right To Stop Eating And Drinking Be Implemented By A Surrogate?, 2017 Selected Works

Can The Right To Stop Eating And Drinking Be Implemented By A Surrogate?

Norman Cantor

This piece continues my exploration of the options available to avoid being mired
in deep dementia.  Previously, I spoke to actions while still competent, such as stopping
eating and drinking (SED). Here, I examine whether the right of a competent person to
stop eating and drinking can be exploited at a post-competence stage of decline by use
of an advance instruction.


Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum 2017 University of Maryland Francis King Carey School of Law

Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum

Maryland Law Review

The U.S. healthcare system has a problem: hundreds of thousands of people die each year, and over a million are injured, by medical mistakes that could have been avoided. Furthermore, over ninety percent of these patients and their families never learn of the errors or receive redress. This problem persists, despite myriad reforms to the medical malpractice system, because of lawmakers’ dominant focus on reducing providers’ liability insurance costs. Reform objectives are beginning to change, however, and the vehicle for implementing these changes is alternative dispute resolution (“ADR”). Historically, legislatures deployed ADR to curb malpractice litigation and restrict patients ...


Evidence Of Child Abuse: Inferring The Causes Of Effects, Stephen E. Fienberg 2017 Carnegie Mellon University

Evidence Of Child Abuse: Inferring The Causes Of Effects, Stephen E. Fienberg

University of Michigan Journal of Law Reform

A statistician's take on evidence of child abuse.


Short Fall Arguments In Court: A Probabilistic Analysis, Maria Cuellar 2017 Carnegie Mellon University

Short Fall Arguments In Court: A Probabilistic Analysis, Maria Cuellar

University of Michigan Journal of Law Reform

A discussion about how statistical arguments are used in court, specifically in cases of Abusive Head Trauma in which the defendant has claimed that an accidental short fall, and not shaking or child abuse, has caused the child’s injuries.


Police Interrogations, False Confessions, And Alleged Child Abuse Cases, Richard Leo 2017 University of San Francisco

Police Interrogations, False Confessions, And Alleged Child Abuse Cases, Richard Leo

University of Michigan Journal of Law Reform

A discussion on false confession cases in the United States.


Bioprospecting Legislation In The United States: What We Are Doing, What We Are Not Doing, And What Should We Do Next, Emily J. Stolfer 2017 Cleveland-Marshall College of Law

Bioprospecting Legislation In The United States: What We Are Doing, What We Are Not Doing, And What Should We Do Next, Emily J. Stolfer

Cleveland State Law Review

Bioprospecting is a growing worldwide effort to protect knowledge and the environment. With its potential economic benefit and technological advancements, bioprospecting will continue to grow as the world advances. Other nations have begun to protect the information available and continue to develop legislation. However, the United States has been hesitant to ratify international treaties or implement its own legislation. This Note examines both domestic and international efforts to protect both indigenous people and the environment. It analyzes the legislation the United States currently has in place but also examines where the United States is lacking. Regarding the United States’ failure ...


A Healthy Amount Of Privacy: Quantifying Privacy Concerns In Medicine, Ignacio N. Cofone 2017 Yale Law School

A Healthy Amount Of Privacy: Quantifying Privacy Concerns In Medicine, Ignacio N. Cofone

Cleveland State Law Review

With recent developments in e-health, concerns have been raised regarding the privacy of patients who are monitored with such treatments. I propose a simple method to incorporate these concerns into a standard health impact evaluation, based on quality-adjusted life years and the incremental cost-effectiveness ratio. This method provides a way to objectively value privacy concerns and balance them with health benefits. Hence, it can guide doctors and policymakers into incorporating privacy considerations and making better choices regarding e-health programs. This method can also be tested on existing economic evaluations to compare outcomes and gauge the extent to which privacy issues ...


Child Abuse--Nonaccidental Injury (Nai) And Abusive Head Trauma (Aht)--Medical Imaging: Issues And Controversies In The Era Of Evidence-Based Medicine, Patrick Barnes 2017 Stanford Hospital & Clinics

Child Abuse--Nonaccidental Injury (Nai) And Abusive Head Trauma (Aht)--Medical Imaging: Issues And Controversies In The Era Of Evidence-Based Medicine, Patrick Barnes

University of Michigan Journal of Law Reform

A look at nonaccidental injury and abusive head trauma in children with a focus on Shaken Baby Syndrome.


Bias, Subjectivity, And Wrongful Conviction, Katherine Judson 2017 University of Wisconsin Law School

Bias, Subjectivity, And Wrongful Conviction, Katherine Judson

University of Michigan Journal of Law Reform

A talk about bias, subjectivity and wrongful convictions.


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