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Full-Text Articles in Law
Machine Speech, Tim Wu
Machine Speech, Tim Wu
Faculty Scholarship
Computers are making an increasing number of important decisions in our lives. They fly airplanes, navigate traffic, and even recommend books. In the process, computers reason through automated algorithms and constantly send and receive information, sometimes in ways that mimic human expression. When can such communications, called here “algorithmic outputs,” claim First Amendment protection?
Constitutional Aspects Of Physician-Assisted Suicide After Lee V. Oregon, Simon Canick
Constitutional Aspects Of Physician-Assisted Suicide After Lee V. Oregon, Simon Canick
Faculty Scholarship
On November 8, 1994, Oregon voters narrowly passed the highly controversial Death with Dignity Act (Measure 16), which marked the first time that physician-assisted suicide was explicitly legalized anywhere in the world. In Lee v. Oregon, a group of physicians, several terminally ill persons, a residential care facility, and individual operators of residential care facilities sought to enjoin enforcement of the new law, claiming various constitutional infirmities. The U.S. District Court for the District of Oregon enjoined enforcement of the law, acknowledging that it raised important constitutional issues including possible violations of the Equal Protection and Due Process Clauses of …
Constitutional Tragedy In Dying: Responses To Some Common Arguments Against The Constitutional Right To Die, James E. Fleming
Constitutional Tragedy In Dying: Responses To Some Common Arguments Against The Constitutional Right To Die, James E. Fleming
Faculty Scholarship
I shall argue for the constitutional right to die, including the right of terminally ill persons to physician-assisted suicide. Indeed, I shall argue that it would be a constitutional tragedy if the Supreme Court were to hold that the Constitution does not protect such a right to die,2 and thus to overrule the Ninth Circuit decision in Compassion in Dying v. Washington3 (to say nothing of the Second Circuit decision in Quill v. Vacco4). First, such a holding would entail that the Constitution sanctions a grievous wrong, a horrible form of tyranny: allowing the state to impose upon some citizens, …