Digital Commons Network^™

The End-Of-Life Option Most People Don’T Know About: Is It Legal?, Pamela Bucy Pierson

Idaho Law Review

This article is about an end-of-life option that many people have not heard of: Voluntary Stopping Eating and Drinking (VSED). With VSED, a person deliberately ceases intake of food and fluid to hasten their death. VSED is a peaceful, pain-free end-of-life option chosen by an increasing number of individuals in their last chapter of life who are suffering from chronic, incurable, progressively debilitating diseases. While there is considerable scholarship on the lawfulness of VSED, there is confusion in the existing literature on whether VSED is suicide, and on the related question whether individuals who provide comfort and care to VSED …

What Do We Do At The End Of A World?: Cultivating Emergent Leadership In A Time Of Collapse, Brent Godfrey

Journal of Legal Education

No abstract provided.

The Data Broker Loophole: Medicare’S Version, Ana Wacker

Washington Journal of Law, Technology & Arts

U.S. consumers participate in the exchange of less data privacy for the benefit of cheaper pricing, innovative services, and the illusion of choice. However, consumer choice at the expense of minimal data privacy has encouraged data broker markets to thrive on pure profit incentives. Seniors participating in Medicare enrollment feel the impact of these profit motives acutely. The Medicare enrollment process is littered with Third Party Marketing Organizations (TPMOs) who use lead generators to target seniors. With no consent, lead generators target Medicare eligible individuals and forward their personal information to insurance agents for a fee. The lead generators operate …

A Qualitative Study Of Key “Regulatory” Factors Influencing Patient Access To Medical Assistance In Dying In Canada, Ruthie Jeanneret, Eliana Close, Jocelyn Downie, Ben P. White

Dalhousie Law Journal

Medical assistance in dying (“MAiD”) was legalized federally in Canada after the landmark case, Carter v Canada (AG), 2015 SCC 5. Bill C-14 introduced a federal legislative framework for MAiD in 2016, which was amended by Bill C-7 in 2021. Some Bill C-7 amendments directly responded to the decision in Truchon c Canada (PG), 2019 QCCS 3792. Other amendments responded to several factors identified as barriers to patient access, including the requirement for two independent witnesses, the 10-day reflection period, and the requirement to provide final consent at the time of administration of MAiD medication. However, emerging literature identifies that …

Liberty In Death? An Analysis Of The Ethics And Laws Regarding Physician-Assisted Suicide, Ross Leavitt

DePaul Journal of Health Care Law

I seek to analyze physician-assisted suicide with the following two goals in mind: (1) Evaluating how ethical and legal arguments surrounding suicide developed throughout history and how they inform our understanding today; (2) What a regulatory scheme governing physician-assisted suicide looks like and if it can adequately safeguard the interests of the individual and the collective.

Death Wish: A Comprehensive Analysis Of Physician Assisted Suicide, Janna George

DePaul Journal of Health Care Law

Physician-assisted suicide is an extremely complex and controversial legal issue, deeply rooted in morality, legality, and ethics. Countries around the world are split as to how to approach this concept, with some permitting physician-assisted suicide under particular circumstances, and others strictly prohibiting it. ^[1] This division is evidence of the subject’s complex underpinnings. According to the United States Declaration of Independence, all Americans are deserving of certain unalienable rights, “Life, Liberty, and the pursuit of Happiness.”^[2] But what about the right to die?

There are a number of reasons as to why physician assisted suicide is complicated, including …

Incorporating Principles And Wisdom From Hospital Chaplaincy And Pastoral Ministry To Create A Ministry Model To Address Social Isolation And Loneliness In Black Churches, Albert A. Kemp

Doctor of Ministry Projects and Theses

To address the growing and widespread epidemic of social isolation and loneliness, with special focus on Black churches, this dissertation developed a program with the following areas of application: 1) how healthcare trained chaplains can coordinate with churches to positively impact individuals identified as lonely and socially isolated with better social and physical health, 2) how principles of chaplaincy and pastoral care can mitigate and intervene competently when such people are identified, and 3) how the project’s model can be organized, taught, and incorporated into existing arenas of church ministry.

The purpose of the project was to create a ministry …

Putting The Con In Con Law: Women’S Surgical Center V. Berry And How A Unique State Constitutional Provision On Contracts Intersects With Certificate Of Need Laws, John R. Oates

Emory Law Journal Online

This Comment explores Georgia’s “Anti-Competitive Contracts Clause” and Certificate of Need laws, the intersection of which was recently considered in the 2017 case Women’s Surgical Center v. Berry. Georgia is one of many states that still has Certificate of Need laws on its books. While these state laws have recently undergone minor legislative reform, judicial repeal of these laws may have a strong enough basis to succeed in Georgia. Though federal and state antitrust and constitutional laws offer many avenues for repeal, one such method specific to Georgia is the Anti-Competitive Contracts Clause, a constitutional provision which prohibits contracts …

Choosing Death: The Moral Legitimacy Of Voluntary Active Euthanasia, Emma Rougeou

Honors Theses

During the last three decades, the issue of physician assisted suicide has captivated the interest of private citizens and state legislatures. Thinking about the matter of end-of-life concerns, particularly surrounding euthanasian (practices that hasten the deaths of suffering terminally ill people) have shifted. Views of private citizens and state-level legislation reflects a “slow shift to more permissive attitudes” (Cohen et al., 2012). Meanwhile, as recently as March 2026, state legislators in conjunction with the NY State Governor, passed a bill legalizing medical aid in dying for terminally ill patients. This thesis is intended to thoughtfully contribute to meaningful discourse on …

Preserving Life In An Age Of Autonomy: A Critique Of Physician-Assisted Suicide, Adeline Holcombe

Senior Honors Theses

This thesis critiques physician-assisted suicide (PAS) as a reflection of Western thought’s shift from a biblical sanctity-of-life ethic toward autonomy and relativism. Through analysis of biblical and historical foundations, major cases, and state PAS laws, it argues that legalization weakens the state’s interest in preserving life, normalizes suicide, and exposes vulnerable populations to coercion, inadequate safeguards, and legal expansion. The thesis concludes that PAS laws should be repealed and that palliative care, hospice, and mental health treatment provide more compassionate and ethically sound alternatives.

R-Ai-Sing Questions: Exploring The Ethical And Legal Landscape Of Artificial Intelligence-Generated Media Of Medicalized Children, Kristen Thomasen, Gregorio Zuniga-Villaneuva, Muhammed Mukadam, David Lysecki

Canadian Journal of Law and Technology

When it comes to complex medical care for children, even in a country like Canada with many publicly funded healthcare services, much of the necessary research and holistic support for children and families is financed through private donations. Fundraising campaigns for children’s hospitals and services are common, often featuring movie stars, professional athletes, and many child patients. A range of important charitable activities, providing comfort, services, and necessities such as food and accommodation to children and families, are carried out through fundraising and donations. Fundraising for children’s services is a multibillion-dollar global undertaking. What’s more, it is largely dependent on …

The Use And Misuse Of The False Claims Act: Motive And Implications For Public Health Policy, Christopher Ogolla

Tulsa Law Review

No abstract provided.

Healthcare Decision-Making In An Ageing Society: Legal, Policy, And Ethical Challenges In Japan, Yukio Sakurai

Japanese Society and Culture

This paper examines the evolving landscape of healthcare decision-making in Japan’s rapidly ageing society, with a focus on the legal, policy, and ethical challenges it entails. It analyzes the limitations of the adult guardianship system, the risks associated with family-dependent decision-making, and the underutilization of advance care planning (ACP). The study further considers how demographic shifts, advances in medical technology, and socio-legal inertia affect end-of-life care, particularly for individuals with diminished capacity. A central theme is the inherent ethical dilemma in balancing individual autonomy with Japan's cultural context, where explicit self-assertion can be challenging, especially for older adults. Cultural dimensions …

Private Equity And Non-Profit Status In The Us Healthcare System, Sam Halabi, Sanvi Belani, George O'Hara

Akron Law Review

No abstract provided.

Dying Well: Hospice Care As A Diminished Promise, Barry R. Furrow

Akron Law Review

No abstract provided.

Unwanted Medical Treatment Harms Patients: Taxonomy Of Healthcare Consent Infractions, Thaddeus Pope

Faculty Scholarship

Patients in the United States are subject to an ever-growing “avalanche” of unwanted medical treatment (UMT).  This is ethically, economically, and legally wrong. First, UMT constitutes a serious violation of patient autonomy and self-determination.  Second, it is waste (and often fraud or abuse) of scarce healthcare resources.  Third, but for rare exceptions, administering UMT contravenes settled legal rules and principles around consent and battery.

This article describe four types of unwanted medical treatment and how the law addresses (or fails to address) them.  The four types of UMT are (1) treatment over patient objections, (2) treatment with zero consent, (3) …

Daniel Ezra Subotnik (1942-2024) Obituary

Touro Law Review

No abstract provided.

The First Amendment: Sacrificing The Well-Being Of Minors For The Absolutism Of Freedom Of Speech, Nikki Carr

Student Works

No abstract provided.

Ensuring Ai Adequacy For Class Members, Alissa Del Riego

Nova Law Review

No abstract provided.

Music Is Medicine: Addressing Legal Challenges In An Emerging Clinical Practice, Basha Goldwater

Fordham Intellectual Property, Media and Entertainment Law Journal

Music is universally experienced, and most will recognize its profound personal impact; yet, music’s broader influence on society is yet to be fully explored. People may listen to music when they are sad, when they are seeking motivation, or as a way to relax. However, music extends beyond expression, entertainment, and an outlet for emotions. Research indicates that music can offer substantial benefits to patients in a plethora of medical situations.

Part I of this Note will explain the usefulness of music as medical care, its advantages, and the broad range of institutional support music-based medicine has garnered. Part II …

Legislating Loss: Bereavement And State Level Statutes Across The 50 United States, Julio Montanez

Marquette Benefits and Social Welfare Law Review

Bereavement is an effectively inescapable experience. As such, many interventions (e.g., counseling) exist to support adaptation to life without a loved one. There are also legal interventions—such as laws—that carve out space, time, and resources for dealing with bereavement. Using an approach that blends three methodological techniques (i.e., evidence synthesis, policy surveillance, and grounded theory method), the current study explores the characteristics of bereavement statutes across the United States. Several thematic categories were constructed through exhaustive engagement with the qualitative statutory data: Health (e.g., Hospice), Responding (i.e., First Responding and Final Responding), Work Leave, Education, Observance/Commemoration, Government, and Miscellaneous. The …

August 19, 2025 — Coalition Letter - Reauthorization Of The Health Resources And Services Administration (Hrsa) Title Vii Health Professions And Title Viii Nursing Workforce Development Programs, American Dental Association

Advocacy in Action letters

No abstract provided.

The Impact Of The Chevron Ruling On Medicare, Sana Sherali

DePaul Journal of Health Care Law

The Supreme Court’s historic decision to overturn the Chevron doctrine in June 2024 received national attention due to its implications for how much power agencies will hold in the years to come. The Chevron doctrine originally comes from the Supreme Court’s 1984 decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council.Chevron addressed the requirements imposed on states by The Clean Air Act Amendments of 1977. This decision set the precedent that if federal legislation is unclear or leaves an administrative gap, courts have to follow the regulatory agency’s interpretation of the law, as long as the interpretation is …

Lost Without A Cause: The Sixth Circuit’S But-For Standard For False Claims Act Violations Harms Healthcare Fraud Enforcement, Margo Chapin

Villanova Law Review (1956 - )

No abstract provided.

Climate Change And Digital Nations: Harnessing The Metaverse To Perpetuate Small Island Statehood, Nicole Bessette

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Exonerees Working For Work's Benefits: Prison Work For Social Security And Medicare, Stephanie Hunter Mcmahon

Hofstra Law Review

Exonerated individuals are released from prison, but they cannot recover the time they were incarcerated. The time is gone, as is its potential to qualify for the nation’s social safety net. Most people earn a right to the safety net and for retirement through their employment; however, even when prisoners work, they are denied employment-related benefits that would be enjoyed by those not incarcerated. Inmate labor does not earn toward Social Security, Medicare, and Social Security Disability Insurance, and the exclusion applies even if the inmate is later exonerated of the crime for which they were imprisoned. Therefore, exonerees’ mandatory …

Physicians Need Absolutes: Why Healthcare Fraud Should Not Be Subjective Under The False Claims Act, Cassidy Monroe

Tulsa Law Review

No abstract provided.

A Fate Worse Than Death: The Perpetuation Of Ableism Through California's "End Of Life Option Act", Skyler Powell

William & Mary Bill of Rights Journal

This Note discusses why physician-assisted suicide is inconsistent with California’s laws and how it should be remedied. First, Part I examines the history of physician-assisted suicide in the United States; the federal and Californian stances on the issue; how the EOLOA [End of Life Option Act] works today; and California’s stance on suicide prevention. Next, Part II looks at how California’s Equal Protection Clause and Civil Rights laws apply to individuals eligible for aid-in-dying medication, then analyzes a recent lawsuit brought against the state of California by disability advocacy groups regarding the EOLOA. Part III considers California and supporters’ interests …

The Price Of Profit: A Literature Review On Private Equity's Impact On Patient Care And Healthcare Costs, Sahil Shrimankar

Finance Undergraduate Honors Theses

In healthcare, private equity (PE) firms have rapidly expanded their presence across sectors, acquiring and consolidating providers. They typically operate on short investment cycles and employ strategies like heavy debt financing, roll-ups of fragmented practices, and aggressive cost-cutting to maximize returns. This expansion has sparked debate: supporters argue PE provides needed capital and efficiency to struggling providers, while critics contend that profit-driven ownership risks compromising care quality and access. This literature review synthesizes current evidence on how PE’s profit-driven approach affects patient care and healthcare costs. Overall, the findings suggest that PE ownership often raises costs—through higher prices and increased …

Legal Issues And Outcomes Of A Medical-Legal Partnership For Cancer Patients, Allison B. Dowling, Abigail Sweeney, Megan E. Gordon, Lisa Kessler, Deborah Perry, Vicki W. Girard, Shreya Kalra

Georgetown Law Faculty Publications and Other Works

The medical-legal partnership (MLP) model is a multidisciplinary intervention with demonstrated success in addressing health-harming legal needs. We analyzed initial data from the Georgetown University Health Justice Alliance’s Cancer Legal Assistance and Well-being Project (Cancer LAW), an MLP between Georgetown University and MedStar Health serving cancer patients receiving care at an urban, safety-net hospital in Washington, D.C. The sample included 81 patients, who had an average of two legal issues, most commonly in the areas of Social Security, estate planning, housing, and health insurance. Data collected during legal representation captured both financial and non-financial benefits to patients. Patients who responded …