Digital Commons Network^™

Pragmatism In The Face Of Death: The Role Of Facts In The Assisted Suicide Debate, Susan M. Wolf

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

No abstract provided.

Birth And Death: Doctor Control Vs. Patient Choice, Sylvia A. Law

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

No abstract provided.

Foreword: Facing Death, Susan M. Wolf

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

No abstract provided.

Physician-Assisted Suicide In The Courts: Moral Equivalence, Double Effect, And Clinical Practice, Howard Brody

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

No abstract provided.

Surrogate Health Care Decisions For Adults In Illinois - Answers To The Legal Questions That Health Care Providers Face On A Daily Basis, Rebecca J. O'Neill

Loyola University Chicago Law Journal

No abstract provided.

A One Term Tort Reform Tale: Victimizing The Vulnerable, Andrew F. Popper

Scholarly Articles in Law Reviews & Journals

During its spring 1997 term, Congress passed the Volunteer Protection Act and considered but did not pass the Biomaterials Access Assurance Act of 1997. The Volunteer Protection Act provides a wide range of tort immunities to volunteers working for charitable organizations. The Biomaterials Access Assurance Act would have provided tort immunity to biomaterials producers. In this Article, the author examines the origins and possible implications of both these tort reform proposals from a class-based perspective and within the broader context of the ongoing tort reform debate. The author concludes that both of these proposals ultimately would harm individuals in vulnerable …

The Court Upholds A State Law Prohibiting Physician-Assisted Suicide, Brett Feinberg

Journal of Criminal Law and Criminology

No abstract provided.

Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar

Journal of Criminal Law and Criminology

No abstract provided.

Comments On Kamisar, Daniel D. Polsby

Journal of Criminal Law and Criminology

No abstract provided.

Sentenced To Life? An Analysis Of The United States Supreme Court's Decision In Washington V. Glucksberg, Nicole Testa

Nova Law Review

In the recent landmark decision of Washington v. Glucksberg,' the

United States Supreme Court upheld a Washington statute criminalizing

assisted suicide for terminally ill patients.

Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce

Richmond Public Interest Law Review

Advances in health care technology have forged a mighty sword in the ongoing battle against illness and death. That sword, however, is doubleedged and unfortunately has not been presented with guidance for its judicious use. Our health care system provides the technological power to prolong life, or perhaps more accurately to "sustain bodily functions" indefinitely, yet it has not compelled us, as a society, to seriously ask, "should we?" And, if we should, "when and for whom, and under what circumstances?" This is the ethical legacy of health care in the 20th century. There is but a short time to …

Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce

Richmond Journal of Law and the Public Interest

Advances in health care technology have forged a mighty sword in the ongoing battle against illness and death. That sword, however, is doubleedged and unfortunately has not been presented with guidance for its judicious use. Our health care system provides the technological power to prolong life, or perhaps more accurately to "sustain bodily functions" indefinitely, yet it has not compelled us, as a society, to seriously ask, "should we?" And, if we should, "when and for whom, and under what circumstances?" This is the ethical legacy of health care in the 20th century. There is but a short time to …

Institutional Analysis And Physicians' Rights After Vacco V. Quill, Larry I. Palmer

Faculty Publications

No abstract provided.

Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar

Articles

Now that the U.S. Supreme Court has upheld New York and Washington state laws prohibiting the aiding of another to commit suicide,2 the spotlight will shift to the state courts, the state legislatures and state referenda. And once again proponents of physician-assisted suicide (PAS) will point to a heartwrenching case, perhaps the relatively rare case where a dying person is experiencing unavoidable pain (i.e., pain that not even the most skilled palliative care experts are able to mitigate), and ask: What would you want done to you if you were in this person's shoes?

On The Meaning And Impact Of The Physician-Assisted Suicide Cases. (Symposium: Physician-Assisted Suicide: Facing Death After Glucksberg And Quill), Yale Kamisar

Articles

I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v. Glucksberg' and Vacco v. Quill.2 I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.

Lethal Pity: The Oregon Death With Dignity Act, Its Implications For The Disabled, And The Struggle For Equality In An Able-Bodied World, Mark C. Siegel

Minnesota Journal of Law & Inequality

No abstract provided.

Euthanasia, Morality, And Law, John M. Finnis

Journal Articles

"Arguments for legalising euthanasia rely on claims about autonomy rights, or claims about political pluralism, or on both sorts of claim. My response will make three main points. First, those demanding this legalisation have shirked their elementary obligation to describe the alleged right, identify who has it, and delineate its boundaries as a right supposed to trump other goods, interests, and the wellbeing or rights of others. Second, they have neglected, or at best hugely underestimated, the casualties who would be, and in some places already are being, created by the success of their campaign. Third, they proceed on an …

The Opinion Volume 38 Number 2 – September 15, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 15, 1997

The Open Door: Will The Right To Die Survive Washington V. Glucksberg And Vacco V. Quill?, Adam J. Cohen

In the Public Interest

No abstract provided.

From Exemptions Of Christian Science Sanatoria To Persons Who Engage In Healing By Spirtual Means: Why Children's Healthcare V. Vladeck Necessitates Amending The Social Security Act, Danyll Foix

Minnesota Journal of Law & Inequality

No abstract provided.

Readers Speak Out, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

This month, I am turning the column over to letters from readers. If you have a question or comment to share, please feel free to write or e-mail me at the addresses in the box below. Don't worry I will ask your permission before using your name.

The Development Of A Successful Telemedicine Network Within A Managed Care Organization, William Goodall

North Dakota Law Review

No abstract provided.

When The Hazard Is Human: Irrationality, Inequity, And Unintended Consequences In Federal Regulation Of Contagion, Paula Berg

Publications and Research

No abstract provided.

The Supreme Court And Terminal Sedation: Rejecting Assisted Suicide, Embracing Euthanasia, David Orentlicher

UC Law Constitutional Quarterly

In its physician-assisted suicide cases, the United States Supreme Court ostensibly affimned the distinction between "passive" and "active!' steps to end a patient's life. The Court reiterated its recognition of a right to refuse life-sustaining treatment but rejected a right to physician-assisted suicide. However, Professor Orentlicher argues that, in responding to concerns about unrelieved suffering in some dying patients, the Court compromised the very distinction it was trying to preserve. The Court indicated that suffering patients can turn to "terminal sedation," a practice which often is effectively a "slow euthanasia." The Court not only blurred the distinction between active and …

Health-Care Access For The Elderly Of Industrialized Nations: Fallen And Can't Get Up?, Joann Babiak

ILSA Journal of International & Comparative Law

Canada, and England have developed and funded national health programs in keeping with this entitlement philosophy. The United States government, though stopping short of providing every citizen health-care access as a right,' has entitled various groups through federally funded programs.

Every Category Of Provider: Hindsight Is 20/20 Vision, Melanie K. Curtice

Seattle University Law Review

This Comment contends that if the "Every Category of Provider" statute had been properly limited, as intended and not as interpreted, it would not have met its ultimate fate of ERISA preemption. In order to show how this public interest legislation could remain in effect and provide at least minimal statutory support for consumer choice, an overview of Washington state health care reform, ERISA preemption, and the federal district court decision preempting the statute is necessary. In Part I, this Comment provides a brief history of the "Every Category of Provider" statute and the Bulletin. Part II contains a summary …

This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal

UIC Law Review

No abstract provided.

The Sanctity Of Life And The Right To Die: Social And Jurisprudential Aspects Of The Euthanasia Debate In Australia And The United States, Roger S. Magnusson

Washington International Law Journal

This paper reviews social and legal issues in the current euthanasia debate. Focusing on Australia and the United States, the author argues that the legalization of physician-assisted suicide ("PAS") and/or active voluntary euthanasia ("AVE") is inevitable within the short to medium term, given recent developments which have undermined the sanctity of life ethic. Legal factors supporting this assessment include the changing definition of death, the growth of a legallyrecognized right to self-determination extending to the withdrawal of life-support, and the recognition by some courts that life support may be withdrawn without consent because life is considered to be futile. The …

Community-Based Health Care: A Legal And Policy Analysis , Lewis D. Solomon, Tricia Asaro

Fordham Urban Law Journal

While Washington has been unable to lead the way in significant health care reform, the health care system has begun to transform itself in terms of curbing skyrocketing health care costs, dealing with the more than forty million Americans who lack health care coverage, and the problems plaguing the Medicare and Medicaid systems. The search has begun for a health care model that ensures quality care to a wide population in a cost-efficient manner. This article explores how the U.S. Health care system currently functions, examines several innovative models, and suggests ways in which a decentralized, community-based approach to health …

The Public Hospital, Lewis R. Goldfrank, M.D.

Fordham Urban Law Journal

The author traces the development of public and private hospitals. In particular, the Article looks at the changing role of the hospital and the development of federal legislation. Next, the author reviews the functions of the public hospital, which include providing care for the poor, prisoners, psychiatric patients, trauma patients, and addicts. A public hospital also has the role of providing emergency and trauma care, while serving a role in disaster management and as the training grounds for the next generation of medical professionals. The closure of public hospitals has become frequent and it does not appear that the current …