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Constitutional Aspects Of Physician-Assisted Suicide After Lee V. Oregon, Simon Canick

Faculty Scholarship

On November 8, 1994, Oregon voters narrowly passed the highly controversial Death with Dignity Act (Measure 16), which marked the first time that physician-assisted suicide was explicitly legalized anywhere in the world. In Lee v. Oregon, a group of physicians, several terminally ill persons, a residential care facility, and individual operators of residential care facilities sought to enjoin enforcement of the new law, claiming various constitutional infirmities. The U.S. District Court for the District of Oregon enjoined enforcement of the law, acknowledging that it raised important constitutional issues including possible violations of the Equal Protection and Due Process Clauses of …

Healer-Patient Privilege: Extending The Physician-Patient Privilege To Alternative Health Practitioners In California, Betty F. Lay

UC Law Journal

As the nature of healthcare in the United States evolves to include alternative therapies, it is reasonable to ask whether patients who seek medical treatment from alternative health practitioners are entitled to invoke the same testimonial privilege as that accorded to patients who seek treatment from conventional medical doctors.

In her Note, the author explores the merits of applying the physician-patient privilege to the alternative healthcare setting. The analysis also considers alternative legal schemes for preserving the confidentiality of patients' communications, such as the existence of voluntary ethical codes of conduct and the state constitutional right to privacy. The author …

Engineering Perfect Offspring: Devaluing Children And Childhood, Wendy Anton Fitzgerald

UC Law Constitutional Quarterly

In this Essay, Professor Fitzgerald observes that the law and practice governing medical treatment decisions for seriously ill and disabled newborn children requires physicians and parents to compare such children with an unstated norm. She discerhs that our jurisprudence informs that unstated norm with an exclusive model of legal personhood, that of the autonomous individual, an independent and self-sufficient adult. Parents and physicians may conclude, then, that a seriously ill or disabled newborn child who cannot eventually become an autonomous adult should not receive life-saving or life-prolonging treatment. Professor Fitzgerald suggests that this treatment paradigm parallels a cultural resurgence of …

Is There A Right To Physician-Assisted Suicide?, J. David Bleich

Fordham Urban Law Journal

In Part I, the author explains that it is the adjudication between the conflicting claims of individual liberty, personal autonomy and self-determination versus the preservation of life as a societal value that is at the core of the issue posed by physician-assisted suicide. In Part II, author makes the case against suicide, noting that liberty is not absolute and the state retains powers of sovereignty to curtail an individual’s liberty in the face of a countervailing state interest. In Part III, the author discusses the relevant case law relating to the withdrawal of medical treatment. Part IV concludes with a …

Physician-Assisted Suicide: A Common Law Roadmap For State Courts, Alan Meisel

Fordham Urban Law Journal

Part I examines the development of the law legalizing passively hastening death and how this development relied significantly on distinguishing passively hastening death from actively hastening death. Part II subjects the arguments used to legitimate passively hastening death to a traditional criminal law analysis and demonstrates their weaknesses which were simple to conceal when there was little enthusiasm for, and discussion of, the legalization of actively hastening death. The central role of consent in legitimating passively hastening death is analyzed in Part III. Although passively hastening death technically satisfies all of the elements of the crimes of assisted suicide and …

State Of Utah V. Craig Fisher : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONVICTION OF ABUSE OR NEGLECT OF A DISABLED CHILD, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-5-110, IN THE SIXTH JUDICIAL DISTRICT COURT, IN AND FOR GARFIELD COUNTY, STATE OF UTAH, THE HONORABLE K.L. MCKIFF PRESIDING

Integrity And Universality: A Comment On Ronald Dworkin's Freedom's Law, Robin West

Fordham Law Review

No abstract provided.

The Supreme Court And Terminal Sedation: Rejecting Assisted Suicide, Embracing Euthanasia, David Orentlicher

Scholarly Works

No abstract provided.

The Legalization Of Physician-Assisted Suicide: A Very Modest Revolution, David Orentlicher

Scholarly Works

No abstract provided.

Single-Sex Education After United States V. Virginia, Catherine O’Neill

Faculty Articles

In United States v. Virginia, the Supreme Court held that courts must invalidate sex-based classifications that "create or perpetuate the legal, social and economic inferiority of women." This contribution to equal protection jurisprudence, however, leaves unclear when single-sex higher education remains constitutional. This article argues that the Court has been preoccupied with legislative motive in this area. A capability approach, which assesses well-being and identifies individual advantage by reference to an account of what a person is able to do or be, might better help courts determine when there is an "exceedingly persuasive justification" for a sex-based classification.

The Constitutional Right To Die: Ethical Considerations, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

In this commentary, the author first looks at some ethical reasoning supporting physician-assisted dying. Second, he examines some of the lines that have been drawn between withdrawing and withholding life-sustaining treatment on the one hand, and physician-assisted dying on the other. Finally, he relates both of these matters to constitutional reasoning, beginning with Cruzan and ending with the cases before the Supreme Court at the time of the article's publication.

Highways, Hunters, And Section Lines: Tension Between Public Access And Private Rights, Tom Simmons

Faculty Publications

No abstract provided.

Virginia As A Model For Other State Welfare - Plans Virginia's Welfare Reform: Current Law And Effects, Laura Piper

Richmond Public Interest Law Review

In 1995, Virginia became the first state to submit a comprehensive statewide welfare reform plan to the federal government.The crusade for a more effective Virginia welfare system was led by Governor George Allen.The federal government granted Virginia numerous waivers from federal regulations enabling Virginia to implement the Virginia Independence Plan ("VIP") and the Virginia Initiative for Employment not Welfare ("VIEW") component.According to the Virginia Department of Health and Human Resource's 1996 annual report, because of VIP and VIEW the number of welfare recipients decreased, employment rates increased and taxpayers saved 24 million dollars. On February 1, 1997, in response to …

The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker

Cardozo Journal of Equal Rights & Social Justice

The medical malpractice crisis in obstetrics has led to a decline in practicing obstetricians, particularly in high-risk and rural areas, disproportionately affecting disadvantaged women. This crisis is driven by high malpractice insurance premiums, defensive medicine practices, and poor physician-patient communication. The article proposes reforms, including the integration of certified nurse-midwives, improved communication strategies, and alternative compensation systems, to reduce litigation, stabilize insurance markets, and improve access to care.

Better Off Dead Than Disabled?: Should Courts Recognize A "Wrongful Living" Cause Of Action When Doctors Fail To Honor Patients' Advance Directives?, Adam A. Milani

Washington and Lee Law Review

No abstract provided.

Mary J. Rehn V. Charles C. Rehn : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A DIVORCE DECREE IN THE THIRD JUDICIAL DISTRICT COURT OF SUMMIT COUNTY, STATE OF UTAH

State Of Utah V. Michael James Fisk, Iii : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

INTERLOCUTORY APPEAL FROM ORDER OF THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, STATE OF UTAH (HONORABLE STEPHEN L. HENROID)

Mary J. Rehn V. Charles C. Rehn : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A DIVORCE DECREE IN THE THIRD JUDICIAL DISTRICT COURT OF SUMMIT COUNTY, STATE OF UTAH

Put This In Your Pipe And Smoke It: Fda Regulation Of Tobacco Products, Phillip Rohde Costello

NYLS Law Review

No abstract provided.

Panel One: An Introduction To Corporate Philanthropy: History, Practice, And Regulation: If Not Corporate Philanthropy, Then What?, Hayden W. Smith

NYLS Law Review

No abstract provided.

Business Giving And Social Investment In The United States, 1790-1995: "The Dealings Of My Trade Were But A Drop Of Water In The Comprehensive Ocean Of My Business!", Peter Dobkin Hall

NYLS Law Review

No abstract provided.

The Dealings Of Your Trade Are But A Drop Of Water, Peter Dobkin Hall

NYLS Law Review

No abstract provided.

Legislative Intent: Fact Or Fabrication?, M.B.W. Sinclair

NYLS Law Review

No abstract provided.

Integrity And Universality: A Comment On Dworkin's Freedom's Law, Robin West

Georgetown Law Faculty Publications and Other Works

Ronald Dworkin has done more than any other constitutional lawyer, past or present, to impress upon us the importance of  integrity to constitutional law, and hence to our shared public life. Far from being merely a private virtue, Dworkin has shown that integrity imposes constraints upon and provides guidance to the work of judges in constitutional cases: Every constitutional case that comes before a court must be decided by recourse to the same moral principles that have dictated results in relevant similar cases in the past. Any group or individual challenging the constitutionality of legislation which adversely affects his or …

The Forty-Ninth Meeting Of The International Whaling Commission: Charting The Future Of Cetaceans In The Twenty-First Century, William C.G. Burns

Colorado Environmental Law Journal

No abstract provided.

Reluctant Charity: Poor Laws In The Original Thirteen States, William P. Quigley

University of Richmond Law Review

The poor laws of the original thirteen states can best be described as reluctant public charity. Assistance was provided to some of the poor but, when provided, was strictly rationed to those local residents considered worthy of help. Visitors, strangers and nonresident poor people were not helped and were legally run out of town. Poor relief for the locals was frequently given in ways that were demeaning and destructive to families. Poor people were always expected to work, and even poor children were taken from their families by the authorities and apprenticed to others. Poor adults that could work were …

Is There A Right To Physician-Assisted Suicide, J. David Bleich

Articles

No abstract provided.

Toward A South African Administrative Justice Act, Michael Asimow

Michigan Journal of Race and Law

Section 33 of South Africa's Constitution provides fundamental principles of administrative justice. It also requires Parliament to adopt an Administrative Justice Act. This Article contends that without enactment of such legislation Section 33 will be ineffective in practice and may prove to be an obstacle to achieving the economic and social objectives of the Constitution. In addition, such legislation is essential to preserving the legitimacy and the effectiveness of the Constitutional Court.

Nonprofit Housing Providers: Can They Survive The Devolution Revolution?, John J. Ammann, Peter W. Salsich, Jr.

All Faculty Scholarship

This article examines the potential of nonprofit housing providers to participate effectively in housing programs linked to the welfare reform self-sufficiency movement. It reviews proposals for housing reforms which address expanded roles for nonprofit housing providers. With actual experiences of nonprofits as a framework, it explains their organizational patterns. Further, the article explores the supportive services and incentive programs commonly included in self-sufficiency programs employed by nonprofits and suggests modifications to such programs to improve upward mobility for participants. The authors acknowledge that self-sufficiency plans are not for everyone, and suggests alternative schemes for serving those segments of the population …

Preserving Procedural Due Process For Legal Immigrans Receiving Food Stamps In Light Of The Personal Responsibility Act Of 1996, Todd G. Cosenza

Fordham Law Review

No abstract provided.