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In The Matter Of Baby K: The Fourth Circuit Stretches Emtaia Even Further, Kevin T. Brown

Mercer Law Review

In 1994, the Fourth Circuit Court of Appeals reaffirmed its position on the applicability of the Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA) when it decided In re Baby "K". Baby K, an anencephalic infant, was born in the hospital in October 1992. Anencephaly is a congenital malformation found in a very small number of infants in which a major portion of the brain, skull, and scalp are missing. One of the missing components of the brain is the cerebrum, which provides cognitive abilities and awareness and allows interaction with our surroundings. Baby K, therefore, lacked …

Compassion In Dying V. Washington: A Resolution To The "Jurisprudence Of Doubt" Enshrouding Physician-Assisted Suicide?, Stephen J. Tyde Jr.

Mercer Law Review

By affirming a district court decision holding Washington's criminal prohibition of assisted suicide unconstitutional, an en banc Ninth Circuit in Compassion in Dying v. Washington reversed a three judge panel decision and proffered the most reasoned and carefully drafted opinion yet in the battle surrounding terminally ill patients and their quest to legally pursue physician-assisted suicide. Three terminally ill patients, five physicians who treat terminally ill patients, and Compassion in Dying, an organization that provides counseling and assistance to mentally competent, terminally ill adults considering suicide, challenged the statute under the Due Process and Equal Protection Clauses of the Fourteenth …

People V. Kevorkian: Michigan's Supreme Court Leads The Way In Declaring No Fundamental Right To Assist Another In Suicide, Terry Brantley

Mercer Law Review

In People v. Kevorkian, the Michigan Supreme Court addressed the constitutionality of Michigan's statute, 1992 Public Act 270, which imposed criminal penalties on a person who assists another in suicide. After the enactment of the statute, Dr. Jack Kevorkian allegedly assisted a terminally ill person in committing suicide. Charges were filed against Dr. Kevorkian in the Circuit Court of Wayne County alleging that Dr. Kevorkian violated the assisted suicide statute. Dr. Kevorkian moved to dismiss the charges In finding that the statute violated the United States Constitution, the circuit court held that a person has a due process right …

Lmo's: Treasure Chest Or Pandora's Box, Michael S. Baram

Faculty Scholarship

Biotechnology is beginning to trans- A form agriculture across the globe. After thousands of years of traditional plant and animal breeding, and centuries of mechanization and chemical application, genetic research has opened a Pandora's box of living modified organisms (LMOs) designed to improve the productivity and efficiency of commercial agriculture. A multitude of transgenic crops and animals is now being introduced into commerce by biotechnology companies, and b nations are puzzling out how to appropriate the benefits and manage the risks.

American biotechnology companies and agencies are the leading proponents of using LMOs. They claim that two decades of costly …

Newsletter - 1996-06-13, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

The Cftc And Derivative Products: Purposeful Ambiguity And Jurisdictional Reach, Alton B. Harris

Chicago-Kent Law Review

No abstract provided.

Muslim Minorities And Self-Restraint In Liberal Democracies, Khaled Abou El Fadl

Loyola of Los Angeles Law Review

No abstract provided.

The Children We Abandon: Religious Exemptions To Child Welfare And Education Laws As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

North Carolina Law Review

No abstract provided.

The Real Ethic Of Death And Dying, Norman L. Cantor

Michigan Law Review

A Review of Peter Singer, Rethinking Life and Death

Is Government The Problem Or The Solution?, Carl A. Auerbach

San Diego Law Review

This Article focuses on the debate regarding whether the federal government is the problem or solution to our nation’s problems. The Author describes the purposes for which government has acted and reasons that these results could not have been achieved without public decision making and action by the federal government. The Author doubts that the withdrawal of the federal bureaucracy and the shift to state and local bureaucracies will not help our country’s social problems, and he argues that the federal government is the solution.

Measuring Poverty: A New Approach, Benjamin Hoorn Barton

Michigan Law Review

A Review of Measuring Poverty: A New Approach by The National Research Council.

An "Age Of [Im]Possibility": Rhetoric, Welfare Reform, And Poverty, Lisa A. Crooms

Michigan Law Review

A Review of Joel F. Handler, The Poverty of Welfare Reform and Mark Robert Rank, Living on the Edge: The Realities of Welfare in America

Newsletter - 1996-04-18, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Constitutional Considerations Underlie Missouri's Expansion Of Fetal Rights Within Its Wrongful Death Statute, Elizabeth S. Brown

Missouri Law Review

When Missouri courts determine the existence of a cause of action under the wrongful death statute they have considered it necessary to address whether a fetus is a "person" within the statute. In Connor v. Monkem, Missouri extended its recognition of the rights of a fetus within its wrongful death statute beyond its previous decisions and those noted in other jurisdictions. Missouri’s decision differs distinctively from the law’s traditional view of the fetus as a part of the woman, therefore devoid of rights as a separate entity.

Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman

University of Michigan Journal of Law Reform

In this Article, Marc Spindelman examines the relationship between abortion and assisted suicide. He begins his discussion with the constitutional framework within which courts should consider the assertion that the Due Process Clause of the Fourteenth Amendment protects an individual's decision to commit assisted suicide. The Author then considers and, based on relevant Supreme Court doctrine, rejects the conception of personal autonomy that undergirds the claimed constitutional right to assisted suicide. Finally, the Author points out some legal and cultural distinctions between abortion and assisted suicide, arguing that these distinctions offer courts good reasons for holding that the Fourteenth Amendment's …

Can Generic Products Be Disparaged? The "Of And Concerning" Requirement After Alar And The New Crop Of Agricultural Disparagement Statutes, Eric M. Stahl

Washington Law Review

Under the group libel principle, a statement broadly critical of a large group generally cannot give rise to a defamation claim; it is said that such a statement does not refer to, or is not of and concerning, any particular individual. This Comment addresses the extent to which the "of and concerning" requirement and group libel principle apply to claims of product disparagement, a tort similar to defamation but encompassing pecuniary injury, as opposed to damage to reputation, resulting from false statements. In particular, this Comment examines whether speech generally critical of a generic product can give rise to disparagement …

Brother, Can You Spare A Dime: Tax Increment Financing In Indiana, Catherine Michael

Indiana Law Journal

No abstract provided.

Treading On Sacred Ground: Congress's Power To Subject White House Advisers To Senate Confirmation, Douglas S. Onley

William & Mary Law Review

No abstract provided.

Access To Justice: A Study Of Legal Assistance Programs For The Poor In Santiago, Chile, Michael A. Samway

Duke Journal of Comparative & International Law

No abstract provided.

Individual Rationality, Hazard Warnings, And The Foundations Of Tort Law, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

If all people were fully rational and cognizant of all the risks they faced, then they would always select an efficient level of safety in all their activities and other choices. Thus people would trade off the potential benefits of the risky behavior against the costs, including the risks to life and limb, and select the activity and product mix that best promoted their welfare. In such a world, there would not only be no need for hazard warnings, but there also would be no need for liability of any kind. Purchasers of hazardous products, for example, would always value …

Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp

Faculty Scholarship

No abstract provided.

Related Services Under The Individuals With Disabilities Educational Act: Health Care Services For Students With Complex Health Care Needs, Ann Rozycki

Brigham Young University Education and Law Journal

No abstract provided.

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 19, No 1 Edition of the Pacific Studies Journal

Medical Futility: A Futile Concept?, Keith Shiner

Washington and Lee Law Review

No abstract provided.

Is It More Than Dodging Lions And Wastin' Time: Adequacy Of Counsel, Questions Of Competence, And The Judicial Process In Individual Right To Refuse Treatment Cases, Michael L. Perlin, Deborah Dorfman

Articles & Chapters

This article argues that, if the MacArthur Treatment Competence Study (e.g., P. S. Appelbaum and T. Grisso, Grisso et al, and Grisso and Appelbaum; see records 82:39258, 82:35494, and 82:37814, respectively) is to be meaningfully operationalized, it is necessary to consider the ways that counsel is provided in individual cases to institutionalized individuals wishing to assert the right to refuse antipsychotic drug treatment. It looks at the role of counsel in individual right to refuse cases, examines the ways that counsel is assigned in 3 states, and considers the underlying questions through the filters of "sanism" and "pretextuality." It concludes …

Newsletter - 1996-02-08, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Who Decides If There Is "Triumph In The Ultimate Agony?" Constitutional Theory And The Emerging Right To Die With Dignity, Brian C. Goebel

William & Mary Law Review

No abstract provided.

Newsletter - 1996-01-11, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Rights Of The Terminally Ill Patient, John Hodgson

Annals of Health Law and Life Sciences

An examination of the rights in the United Kingdom of terminally ill patients, both competent and incompetent, shows the struggle courts face.

Judicial Review Of Informal Agency Action On The Fiftieth Anniversary Of The Apa: The Alleged Demise And Actual Status Of Overton Park's Requirement Of Judicial Review "On The Record", Gordon G. Young

Faculty Scholarship

No abstract provided.