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Full-Text Articles in Law
Unmasking Undue Influence, Ray D. Madoff
Unmasking Undue Influence, Ray D. Madoff
Ray D. Madoff
The substantial passage of wealth that occurs upon death in the United States each year brings into focus the tension between the belief that people should be able to dispose of their wealth as they wish and society’s interest in maintaining social stability. Nowhere is this tension more apparent than in the doctrine of undue influence. The dominant paradigm presents the undue influence doctrine as providing a double benefit of protecting freedom of testation as well as preventing overreaching by others. In this Article, the author challenges the dominant paradigm by demonstrating how the undue influence doctrine denies freedom of …
The Failure Of The Freedom-Based And Utlilitarian Arguments For Assisted Suicide, Scott T. Fitzgibbon
The Failure Of The Freedom-Based And Utlilitarian Arguments For Assisted Suicide, Scott T. Fitzgibbon
Scott T. FitzGibbon
In recent years, numerous initiatives have been launched to promote physician-assisted suicide. Numerous statutes have been proposed, and one (in Oregon) has been enacted. The United States Court of Appeals for the Ninth Circuit and the United States Court of Appeals for the Second Circuit were recently persuaded to recognize constitutionally protected rights to assisted suicide, although their decisions have been reversed by the Supreme Court. An international organization called the World Federation of Right-to-Die Societies furthers such efforts in other countries. The two most common justifications for such initiatives are that assisted suicide enhances freedom or liberty, and that …
Embracing The Tar Baby: Latcrit Theory And The Sticky Mess Of Race, Angela P. Harris, Leslie Espinoza
Embracing The Tar Baby: Latcrit Theory And The Sticky Mess Of Race, Angela P. Harris, Leslie Espinoza
Angela P Harris
No abstract provided.