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Impacts Of Modern Life Support Techniques On Wrongful Death Actions Brought After Final Personal Injury Judgments, Elizabeth Clark

Seattle University Law Review

This Comment examines both the history of wrongful death actions and modern applications of law. This historical overview reveals that most courts reject the doctrinal bases of wrongful death actions. Specifically, when one has recovered on behalf of a decedent for fatal injuries, these courts tend to construe wrongful death statutes in a manner that denies statutory beneficiaries of a cause of action. To the extent that problems of finality and overcompensation are real, this Comment asserts that the remedy does not lie in misconstruing wrongful death acts so as to deny beneficiaries all recovery. Rather, the answer lies in …

Religious Healing In The Courts: The Liberties And Liabilities Of Patients, Parents, And Healers, Barry Nobel

Seattle University Law Review

Accordingly, in light of this struggle to balance public health with religious liberty, this Article chronicles the evolving liberties and liabilities of religious patients, parents, and healers over the course of the twentieth century and examines the current state of religious healing law. Throughout, it advocates the greatest possible liberty for religious healing consistent with public and family security, as well as advocating equal protection under the law for all involved in religious treatment, whether they are members of organized religious groups or individual practitioners.

Cumulative Index, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Well-Being And The State, Cass R. Sunstein

Articles

No abstract provided.

Brenda E. Rivera And Antonio R. Rivera V. Clayton S. Wilde M.D. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Appeal from the Judgment of the Honorable Michael Murphy, Judge of the Third Judicial District Court Salt Lake County, State of Utah

Family Surrogate Laws: A Necessary Supplement To Living Wills And Durable Powers Of Attorney, 38 Vill. L. Rev. 103 (1993), Ardath A. Hamann

UIC Law Open Access Faculty Scholarship

No abstract provided.

Author Index

Loyola Consumer Law Review

No abstract provided.

Subject Index

Loyola Consumer Law Review

No abstract provided.

Consumer News, Julia C. Mclaughlin

Loyola Consumer Law Review

No abstract provided.

Of Diapers, Lawnbags, And Landfills: The Federal Trade Commission Cracks Down On False Advertising In The Environmental Marketplace, Carl F. Patka

Loyola Consumer Law Review

No abstract provided.

The Patient Has Not Been Informed: A Proposal For A Physician Conflict Of Interest Disclosure Law, Carol Michna

Valparaiso University Law Review

No abstract provided.

Defining The Right To Die, David M. English

Faculty Publications

Although Friedrich Nietzsche was not noted for his views on medical ethics, the above quotation captures the essence of James Lindgren's article. Lindgren posits that the recent O'Connor' and Cruzan decisions signal a shift in the law on the withdrawal or withholding of treatment. He concludes that the requirement set forth in those cases-that an individual must have clearly and convincingly expressed his or her wishes before treatment can be terminated--errs unduly on the side of life. Basing his conclusion primarily on preferences revealed by public opinion polls, he contends that a better rule would be to presume, subject to …

Participation And Litigation Rights Of Environmental Associations In Europe: Current Legal Situation And Practical Experience, David A. Wirth

Michigan Journal of International Law

Review of the book edited by Martin Führ and Gerhard Roller.

Noah's Farce: The Regulation And Control Of Exotic Fish And Wildlife, John L. Dentler

Seattle University Law Review

This Comment examines the dangers inherent in exotic species and evaluates federal and Washington State efforts to regulate the introduction of exotic fish and wildlife. Current federal and state law is poorly equipped to prevent the introduction of harmful exotic species or remedy damages caused by them. The laws governing exotic species should be changed through (1) the enactment of more stringent laws prohibiting or regulating the introduction of exotic species, (2) statutorily created rights to recover for natural resource damage caused by the introduction of exotic species, (3) private rights of action to recover for personal injury or property …

Examining The Right To Premortem Cryopreservation, Velly B. Polycarpe

Hofstra Law Review

No abstract provided.

Eighth Amendment, Prison Conditions And Social Context, The , Daniel Yves Hall

Missouri Law Review

The Eighth Amendment pendulum swung back in 1991 when the Supreme Court in Wilson v. Seiter established a constitutional standard for such claims which, in all likelihood, will be virtually insurmountable.. This Note will first explore the Supreme Court's four major pre-Wilson rulings on the proper scope of the Eighth Amendment regarding claims of inhuman prison conditions. This review will show that these opinions, while containing a great deal of apparently applicable language, fail to specifically state whether a state of mind element is required for such claims. Second, this Note will describe the factual background of Wilson and the …

A Clash At The Bedside: Patient Autonomy V. A Physician's Professional Conscience, Judith F. Daar

UC Law Journal

Advances in medical science and technology have enabled physicians to effectively sustain patients' biological existence without curing or relieving their underlying illnesses. In some cases, physicians may perceive the application of these advances as medically futile or inappropriate. However, the jurisprudence of medical decision making has focused on patient autonomy, often giving patients the right to demand whatever treatments are available, regardless of cost, prognosis, and the advice of their physician.

Professor Daar examines the role a physician's professional conscience plays in the jurisprudence of medical decision making. After criticizing the courts' inconsistent response to a physician's assertion of professional …

Don't Ask--Don't Tell: The Secret Practice Of Physician-Assisted Suicide, Julia Pugliese

UC Law Journal

The United States Supreme Court recently acknowledged that the constitutional right to privacy encompasses a patient's right to refuse medical treatment. The Court has been reluctant, however, to extend this right to encompass physician-assisted suicide. This Note argues that legalization of physician-assisted suicide is the next logical step in granting freedom and personal autonomy for suffering, terminally ill patients. However, because of the need for specific guidelines the proper forum for this issue is not the Supreme Court, but state legislatures.

The Note begins by examining the reality that assisted suicide presently occurs in an unregulated environment and posits that …

Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page

Fordham Urban Law Journal

This Essay reflects the author's personal perspective on the fairness of the criminal justice system. She argues that the key to assessing the fairness of the system is to examine it, not in isolation, but within a larger social context. The criminal justice system is part of the larger society, shares its values and is shaped by its allocation of resources. The criminal justice system is consistent with the values of that larger society: It treats the lives of poor people and people of color as being of inferior worth, skewing its intervention toward control and punishment rather than toward …

State Offices Of Mediation: Thoughts On The Evolution Of A National Network, Peter S. Adler

Kentucky Law Journal

No abstract provided.

The Meat And Potatoes Of The North American Free Trade Agreement., Ruth K. Agather, Timothy N. Tuggey

St. Mary's Law Journal

Agricultural trade has always been particularly susceptible to governmental intervention and imposition of protectionist barriers. This Article explores the evolution of agricultural trade regulation between the United States and Mexico culminating in the proposed North American Free Trade Agreement (NAFTA). First, the Article reviews the existing regulatory framework governing United States-Mexico agricultural trade. The Article then highlights major, proposed revisions to this regime under the NAFTA and offers perspectives on the effect of these revisions upon the United States’ agricultural industry sectors. This analysis includes a commodity reference guide, which highlights specific commodity trade sectors and the NAFTA treatment of …

Piercing The Corporate Veil: A Different Delaware Beyond The Boardrooms, Robert Hornstein, Daniel Atkins

Cleveland State Law Review

It is likely that most people today think only of Delaware as a summer vacation destination, or as corporate America's adopted home, but not as home to poverty that bears all the ugly markings of despair, deprivation and neglect. To look at Delaware beyond its boardrooms today is to witness the contradictions and consequences of an economy fueled by the promise that what would be good for the nation's banks and the wealthy would necessarily be good for all Delawareans-and most notably Delaware's poor. Over the course of the last ten years, Delaware's economic renaissance and its legislative centerpiece, the …

Drawing A Line Between Killing And Letting Die: The Law, And Law Reform, On Medically Assisted Dying, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Traditional medical ethics and law draw a sharp distinction between allowing a patient to die and helping her die. Withholding or withdrawing life sustaining treatment, such as by abating technological nutrition, hydration or respiration, will cause death as surely as a lethal injection. The former, however, is a constitutional right for a competent or once-competent patient, while the latter poses a risk of serious criminal or civil liability for the physician, even if the patient requests it.

The Economic Way Of Looking At Life, Gary S. Becker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The Sweet Lowbush Blueberry, (Vaccinium Angustifolium) In International Trade: Technical Standards As Agricultural Trade Barriers In The Canada-United States Context, Holly J. Sutton

Dalhousie Journal of Legal Studies

Non-tariff technical barriers to trade in agriculture are one of the numerous issues addressed by the Canada-United States Free Trade Agreement. A non-tariff barrier to trade may be "any law, regulation, policy, or practice of a government, other than an import duty, that has a restrictive effect on trade," and may include health standards if they inhibit the importation of foods that do not meet designated standards. article 708 of the FTA addresses itself to reducing barriers resulting from technical regulations, by committing both nations to work toward harmonizing – a term which is defined in the Agreement as "making …

The "Value Of Human Life" And "The Right To Death": Some Reflections On Cruzan And Ronald Dworkin, John M. Finnis

Journal Articles

These reflections focus on three members (one professor and two alumni) of my Oxford college. Though University College officially bears the name The Great Hall of the University of Oxford, it is only one of that university's 30 colleges, and not a particularly large one-only about 450 students and teaching fellows like myself. My title's focus on one named law professor may already seem narrow. How then, you may wonder, can adding two more names from the same little institution in England make this lecture less parochial, and more relevant to Southern Illinois?

Perpetual Conservation: Accomplishing The Goal Through Preemptive Federal Easement Programs, Karen A. Jordan

Case Western Reserve Law Review

No abstract provided.

A Cry For Help To The United States Supreme Court: What Is The Constitutional Status Of Affirmative Action In Higher Education?, Patricia A. Celano

Seton Hall Constitutional Law Journal

No abstract provided.

Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar

Articles

On 15 February of this year, shortly after the number of people Dr. Jack Kevorkian had helped to commit suicide swelled to fifteen, the Michigan legislature passed a law, effective that very day, making assisted suicide a felony punishable by up to four years in prison. The law, which is automatically repealed six months after a newly established commission on death and dying recommends permanent legislation, prohibits anyone with knowledge that another person intends to commit suicide from "intentionally providing the physical means" by which the other person does so or from "intentionally participat[ing] in a physical act" by which …

Puppet Masters Of Marionettes: Is Program Trading Maniuplative As Defined By The Securites Exchange Act Of 1934, Lawrence Damian Mccabe

Fordham Law Review

No abstract provided.