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Futility And The Principle Of Medical Futility: Safeguarding Autonomy And The Prohibition Against Cruel And Unusual Punishment, George P. Smith Ii Jan 1995

Futility And The Principle Of Medical Futility: Safeguarding Autonomy And The Prohibition Against Cruel And Unusual Punishment, George P. Smith Ii

Scholarly Articles

Administering futile medical treatment is tantamount to inflicting cruel and unusual punishment on a patient and an abridgement of his rights of self-determination. It is incumbent upon physicians to recognize that they should accept the imposition of an affirmative legal, professional, moral and ethical duty not to prescribe a modality of treatment that falls clearly within the scope of being considered futile, freakish, or tortious under the provisions of Eighth Amendment to the Constitution. When medical treatment is classified as "futile," it frees the physician from any duty to provide treatment. While most reasonable persons agree with this proposition, much …


How Nonhuman Animals Were Trapped In A Nonexistent Universe, Steven M. Wise Jan 1995

How Nonhuman Animals Were Trapped In A Nonexistent Universe, Steven M. Wise

Animal Law Review

The development of the common law as it concerns the relationships between human and nonhuman animals.


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, …


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 …


Integrated Delivery Systems: Reforming The Conflicts Among Federal Referral, Tax Exemption, And Antitrust Laws, Amy L. Woodhall Jan 1995

Integrated Delivery Systems: Reforming The Conflicts Among Federal Referral, Tax Exemption, And Antitrust Laws, Amy L. Woodhall

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Challenging Parental Decisions To Overtreat Children, Dale L. Moore Jan 1995

Challenging Parental Decisions To Overtreat Children, Dale L. Moore

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Physician Assisted Suicide: The Last Bridge To Active Voluntary Euthanasia, Yale Kamisar Jan 1995

Physician Assisted Suicide: The Last Bridge To Active Voluntary Euthanasia, Yale Kamisar

Book Chapters

SOME 30 YEARS AGO an eminent constitutional law scholar, Charles L. Black, Jr, spoke of 'toiling uphill against that heaviest of all argumental weights- the weight of a slogan.' I am reminded of that observation when I confront the slogan the 'right to die.' Few rallying cries or slogans are more appealing and seductive than the 'right to die.' But few are more fuzzy, more misleading, or more misunderstood.


What Ever Happened To Children's Rights, Martha Minow Jan 1995

What Ever Happened To Children's Rights, Martha Minow

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


The Problem Child Of World Trade: Reform School For Agriculture, Jeffrey J. Steinle Jan 1995

The Problem Child Of World Trade: Reform School For Agriculture, Jeffrey J. Steinle

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Purchaser May Rescind Door-To-Door Sales Contract, Michael Sullivan Jan 1995

Purchaser May Rescind Door-To-Door Sales Contract, Michael Sullivan

Loyola Consumer Law Review

No abstract provided.


(Sesquicentennial) An Evolving Institution: The Deanship Of Robert G. Byrd (1974-79), William Brantley Aycock Jan 1995

(Sesquicentennial) An Evolving Institution: The Deanship Of Robert G. Byrd (1974-79), William Brantley Aycock

North Carolina Law Review

No abstract provided.


The International Convention To Combat Desertification: Drawing A Line In The Sand?, William C. Burns Jan 1995

The International Convention To Combat Desertification: Drawing A Line In The Sand?, William C. Burns

Michigan Journal of International Law

The purpose of this article is to assess the potential efficacy of the Convention in the face of devastation of the world's dryland resources. In this pursuit, I will: 1) Outline the causes and implications of desertification; 2) Present a brief history of past efforts to battle desertification; 3) Discuss the contours and the Convention; and 4) Assess the prospects for the Convention to make a meaningful difference in the struggle to save the world's land.


Does Pro-Choice Mean Pro-Kevorkian--An Essay On Roe, Casey, And The Right To Die, Seth F. Kreimer Jan 1995

Does Pro-Choice Mean Pro-Kevorkian--An Essay On Roe, Casey, And The Right To Die, Seth F. Kreimer

American University Law Review

No abstract provided.


Reproductive Health And Cedaw Conference On The Interventional Protection Of Reproductive Rights: The Right To Health, Carlota Bustelo Jan 1995

Reproductive Health And Cedaw Conference On The Interventional Protection Of Reproductive Rights: The Right To Health, Carlota Bustelo

American University Law Review

No abstract provided.


Population Policies, Human Rights Law, And Legal Change Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Reed Boland Jan 1995

Population Policies, Human Rights Law, And Legal Change Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Reed Boland

American University Law Review

No abstract provided.


Concluding Remarks - Making Women Visible: Setting An Agenda For The Twenty-First Century, Berta E. Hernández-Truyol Jan 1995

Concluding Remarks - Making Women Visible: Setting An Agenda For The Twenty-First Century, Berta E. Hernández-Truyol

UF Law Faculty Publications

The Women's Rights as International Human Rights Symposium (Symposium), sponsored by the International Women's Human Rights Project of the Center for Law and Public Policy at St. John's University, focused on the roles played by rules of law and by the conflation of economic, social, political, religious, cultural, and historic forces in the marginalization of women in the public and private sectors in both the international and domestic systems. The traditional exclusion of women from the articulation, development, implementation, and enforcement of rights has rendered gender issues invisible and thereby shielded gender-based abuses from much needed scrutiny. The flawed public/private …


Monitoring Women's Right To Health Under The International Covenant On Economic, Social And Cultural Rights Conference On The Interventional Protection Of Reproductive Rights: The Right To Health , Audrey M. Chapman Jan 1995

Monitoring Women's Right To Health Under The International Covenant On Economic, Social And Cultural Rights Conference On The Interventional Protection Of Reproductive Rights: The Right To Health , Audrey M. Chapman

American University Law Review

No abstract provided.


Modern Tribal Government: Social And Economic Realities And Opportunities, Ross O. Swimmer Jan 1995

Modern Tribal Government: Social And Economic Realities And Opportunities, Ross O. Swimmer

St. Thomas Law Review

No abstract provided.


The Administration Of Public Assistance, James A. Krauskopf Jan 1995

The Administration Of Public Assistance, James A. Krauskopf

Fordham Urban Law Journal

This Essay discusses the problems of implementation and administration of proposed welfare reforms. It gives a brief historical background on such reforms, describes the nature of their administration, discusses current and proposed reforms and the public perceptions of them, and compares welfare to other government expenditures. It concludes by recommending that social services be integrated at the local rather than federal level.


Changing Legal Contexts For Affirmative Welfare Reform, Melville D. Miller, Jr. Jan 1995

Changing Legal Contexts For Affirmative Welfare Reform, Melville D. Miller, Jr.

Fordham Urban Law Journal

To test whether the block grant approach currently under consideration in Congress actually achieves the goal of providing states with the flexibility necessary to effect meaningful policy changes, this Essay contrasts the way two different reform proposals would be treated in the current legal and regulatory environment to the way they would likely fare under the proposed legislation. One proposal used in this analysis is a comprehensive welfare reform program, self-described as "progressive," that was developed by a community-based, grass roots coalition in New Jersey. The New Jersey reform proposal aims to improve outcomes for recipients, rather than simply to …


Worshipping At The Altar Of Technique: Manic Aggressive Medicine And Law, Charles R. Disalvo Jan 1995

Worshipping At The Altar Of Technique: Manic Aggressive Medicine And Law, Charles R. Disalvo

Villanova Law Review (1956 - )

No abstract provided.


Time For Legislative Action: Landlord Liability In Ohio For Lead Poisoning Of A Tenant, Brett P. Barragate Jan 1995

Time For Legislative Action: Landlord Liability In Ohio For Lead Poisoning Of A Tenant, Brett P. Barragate

Cleveland State Law Review

This Note addresses landlord liability in Ohio for lead poisoning of a tenant. In Part II, the effects of lead exposure on children and the number of children at risk in Ohio are briefly examined to clearly define the problem. Part III describes the lack of federal involvement in the area of lead poisoning in private residential housing. Parts IV and V examine the current state of lead litigation in Ohio and the response of Ohio courts. Finally, Part VI recommends that the Ohio legislature increase its role in the lead poisoning problem and provides remedies to victims of lead …


The Legal, Ethical, And Medical Objections To Procuring Organs From Anencephalic Infants, Lisa E. Hanger Jan 1995

The Legal, Ethical, And Medical Objections To Procuring Organs From Anencephalic Infants, Lisa E. Hanger

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Medical Decision-Making For Children: A Struggle For Autonomy, Erin A. Nealy Jan 1995

Medical Decision-Making For Children: A Struggle For Autonomy, Erin A. Nealy

SMU Law Review

No abstract provided.


Urban Welfare Reform: A Community-Based Perspective, Margo D. Butts Jan 1995

Urban Welfare Reform: A Community-Based Perspective, Margo D. Butts

Fordham Urban Law Journal

This Essay advocates for community-based efforts to redeem the welfare system. It first discusses the causes of welfare dependency, and the adverse effects of current reform proposals. It then outlines goals for effective welfare reform, and describes the welfare reform program being implemented by the Bedford-Stuyvesant community. It concludes that effective welfare reform requires community initiated programs that focus on remedying factors leading to poverty, best identified and dealt with on a local level.


Replace Welfare For Contingent Workers With Unemployment Compensation, Stephen Bingham Jan 1995

Replace Welfare For Contingent Workers With Unemployment Compensation, Stephen Bingham

Fordham Urban Law Journal

This essay examines the manner in which the current unemployment insurance system maintains poverty and increases dependence on public assistance programs. It examines the plight of the working poor, the inadequacy of unemployment compensation, and the failure of welfare to compensate for the weaknesses of the unemployment system. It then proposes reforms to the unemployment compensation system, and a new system for employable individuals without ties to the workforce, explaining why this proposal makes sense in light of the current unemployment situation.


Incompetents And The Right To Die: In Search Of Consistent Meaningful Standards, Mark Strasser Jan 1995

Incompetents And The Right To Die: In Search Of Consistent Meaningful Standards, Mark Strasser

Kentucky Law Journal

No abstract provided.


Rethinking Preemption For Purposes Of Aliens And Public Benefits, Evangeline G. Abriel Jan 1995

Rethinking Preemption For Purposes Of Aliens And Public Benefits, Evangeline G. Abriel

Faculty Publications

No abstract provided.


Accommodating Pregnancy In The Workplace, Deborah Calloway Jan 1995

Accommodating Pregnancy In The Workplace, Deborah Calloway

Faculty Articles and Papers

No abstract provided.