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The Religion Clauses Of The First Amendment: Where Is The Supreme Court Heading?, Michael W. Mcconnell

Articles

For almost a decade observers have predicted that the Supreme Court would reconsider its approach to interpreting the religion clauses of the first amendment. For some, this was an outcome to be feared; for others, it was to be welcomed. Optimist and pessimist alike, the Court has repeatedly proven them wrong. Once again, the Court appears on the verge of change. Maybe this time it will come to pass.

If doctrinal confusion and incoherence are predictors of doctrinal change, then change is surely on the way. Consider two recent decisions. According to the Supreme Court, the Constitution permits the State …

Feeding The Permanently Unconscious And Terminally Ill Or Dying Is Not Always Compassion, Phebe Saunders Haugen

Faculty Scholarship

A surrogate decision maker may conclude that efforts to mechanically provide liquid nourishment would cause considerable suffering in return for little gain. But such a decision is unquestionably one that can produce great conflict for families and for medical caregivers. Assessment must be made of each patient's situation and of the benefits and burdens that will result if tube feeding is withheld or withdrawn. It may well be, however, that in some cases, the most humane and compassionate treatment for a patient is the withdrawal of all technological interventions, including those that supply nourishment.

Less State Intervention And Greater State Assistance Equals Greater Maternal Rights And Less Prenatal Abuse, Cecilia Mcgraw

UC Law SF Journal on Gender and Justice

No abstract provided.

The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.

Faculty Publications

This article considers the kinds of limits on withholding that each of these policies might plausibly support, compares these limits to the judicial approaches taken in the refusal of treatment cases, and explores how apparent conflicts between these state goals and the interests of the patients might be resolved. Because this article focuses exclusively on the state's interests, however, it necessarily isolates and considers only one portion of a complex problem involving the interests of patients, families, providers, and others. No comprehensive examination of the nature and weight of the patient's interests or those of other involved parties is attempted. …

Voter Standing: A New Means For Third Parties To Challenge The Tax-Exempt Status Of Nonprofit Organizations, Joanne L. Dunec

UC Law Constitutional Quarterly

No abstract provided.

Autonomous Decisionmaking And Social Choice: Examining The “Right To Die”, 77 Ky. L.J. 319 (1989), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Institutionalized Child's Right To Counsel: Satisfying Due Process Requirements Through The Protection And Advocacy For Mentally Ill Individuals Act, Lisa Marie Sunderman

Valparaiso University Law Review

No abstract provided.

Privacy And Personhood Revisited: A New Framework For Substitute Decisionmaking For The Incompetent, Incurably Ill Adult, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This Article is thus an exploration of the essentials of the human personhood in community, both the intimate community of family and close friends and the larger, more impersonal community of hospitals and health care providers, courts, legislatures, and lawyers. After undertaking an analysis of the sources of the autonomy model for decisionmaking in this area and the negative consequences of an exclusive reliance on that model, this Article will propose a new moral, legal, and medical framework for making medical treatment decisions for incompetent incurably ill adults. This model both provides maximum opportunities for each individual to determine for …

Publish And Perish: Congress's Effort To Snip Snepp (Before And Afsa), Michael J. Glennon

Michigan Journal of International Law

Over three million present and former federal employees, of the Executive as well as the Congress, are parties to so-called "pre-publication review agreements," which require that they submit any writings on topics related to their employment for Executive review prior to publication. In Section 630 of the Omnibus Continuing Resolution for Fiscal Year 1988, Congress attempted to restrict the use of funds to implement or enforce certain of those agreements. On May 27, 1988, however, the United States District Court for the District of Columbia, in American Foreign Service Association v. Garfinkel ("AFSA "), struck that section down, …

Stratospheric Ozone Depletion: A Challenge For International Environmental Law And Policy, Ved P. Nanda

Michigan Journal of International Law

The first part of the article addresses the phenomenon of stratospheric ozone depletion, noting significant recent developments, and discussing their ramifications. This is followed by an inquiry into pertinent international and U.S. responses to ozone depletion. Recent developments in international environmental law provide an appropriate context for this inquiry. The adequacy of these responses is assessed in the next section. Recommendations follow in the concluding section.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Withdrawal Of Life Support: Individual Autonomy Against Alleged State Interests In Preserving Life, Michelle Oberman

Loyola University Chicago Law Journal

No abstract provided.

Sales-Service Hybrid Transactions And The Strict Liability Dilemma, Dana Shelhimer

SMU Law Review

No abstract provided.

Jesse Jackson And The New Civil Rights Movement, Harold A. Mcdougall

MC Law Review

No abstract provided.

A Common Law Lawyer On The Supreme Court: The Opinions Of Justice Stevens, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Salinger V. Random House, Inc. Whose Letters Are They, Anyway?, Jeffrey E. Risberg

University of Baltimore Law Forum

No abstract provided.

Active Voluntary Euthanasia: The Ultimate Act Of Care For The Dying, Deborah A. Wainey

Cleveland State Law Review

This Note explores whether modern society can embrace the concept of euthanasia as "death without suffering" to the full extent of the term. Section II explores the distortion of the concept of euthanasia from an historical perspective. Section III provides insight into the practice of euthanasia in the Netherlands, the only country in the world which allows people to request and receive aid-in-dying, i.e., active euthanasia. Section IV reviews the American judicial and legislative response to the active euthanasia issue, and analyzes the Death With Dignity Act, a model law which would permit a terminally ill adult to request and …

The New Awakening: Judicial Activism In A Conservative Age, William Wayne Justice

SMU Law Review

No abstract provided.

Age-Based Rationing And Technological Development, Maxwell J. Mehlman

Faculty Publications

Comment on Daniel Callahan's "Setting Limits."

An Incompetent Individual's Right To Die, Carol M. Friedman

Fordham Urban Law Journal

Individuals must be fully informed and comprehend the consequences of refusing medical treatment before doing so. At the time of publication, New York courts used a subjective intent test to determine a patient's intentions before he or she became medically incompetent. The author argues that this test is ineffective where the patient did not have ability or forethought to make his or her intentions known. In such a case, the author contends that a surrogate should be appointed and given the discretion to consider what the surrogate believes would be the intent of the incapacitated person as well as the …

Individual Worth, Alan B. Handler

Hofstra Law Review

No abstract provided.

Document Destruction In Business Litigation From A Practitioner's Point-Of-View: The Ethical Rules Vs. Practical Realities., Ricardo G. Cedillo, David Lopez

St. Mary's Law Journal

No abstract provided.

Interference With Prospective Civil Litigation By Spollation Of Evidence: Should Texas Adopt A New Tort., Philip A. Lionberger

St. Mary's Law Journal

Texas courts should adopt a tort for spoliation of evidence. Spoliation of evidence is the tampering with, interference with, loss of, or destruction of evidence. Spoliation of evidence is a serious legal problem because it increases a litigant’s difficulty in proving a cause of action or a defense. Evidence destruction may also increase litigation costs and cause the trial court to make factfinding errors. Texas courts should adopt the tort of spoliation of evidence because it compensates injured litigants and deters future acts of spoliation. Another reason for adopting the tort for spoliation of evidence is the inadequacy of alternative …

Pesticide Safety Regulation Under The Federal Insecticide, Fungicide And Rodenticide Act: Debacle At The Epa, John P. Gasior

Fordham Environmental Law Review

No abstract provided.

From Driving To Drugs: Governmental Regulation Of Pregnant Women's Lives After Webster, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

State Of Utah V. Adren Ray Warner : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SUMMIT COUNTY THE HONORABLE J. DENNIS FREDERICK, PRESIDING

Encouragement Of Empathy: Just Decision Making For Incompetent Terminal Patients, Michelle L. Oxman

Journal of Law and Health

Logically, there may be little difference between discontinuing a machine that maintains the patient's breathing and discontinuing artificial nutrition and hydration. However, discontinuing artificial nutrition results in death by starvation and thirst over a period of days or weeks, as contrasted with the almost immediate death produced by discontinuing a respirator. The increased length of time that it would take for the patient to die from starvation and dehydration caused by the withdrawal of artificial feeding has influenced the opinion of some judges. The emotional ramifications of denying food and water to a seriously ill person have also affected judicial …

Fetal Tissue Transplantation: Regulating The Medical Hope For The Future, Jacquelyn F. Sedlak

Journal of Law and Health

While fetal tissue implants have the potential to offer relief to several million Americans, these two scenarios are examples of the many legal and ethical issues surrounding the technology. Currently, the use of fetal tissue is loosely regulated by an assortment of laws, many of which were enacted before the therapeutic use of fetal tissue was even conceived as a possibility. At the time many of the regulations governing fetal tissue use were developed, the primary goal of the regualtions was to prevent the exploitation and sale of aborted fetuses following the Supreme Court's decision in Roe v. Wade. Had …

Session Law 89-040, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 89-218, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.