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An Idea Whose Time Should Never Have Come, Roger B. Dworkin Jan 2005

An Idea Whose Time Should Never Have Come, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.


Politicizing The End Of Life: Lessons From The Schiavo Controversy, Barbara A. Noah Jan 2004

Politicizing The End Of Life: Lessons From The Schiavo Controversy, Barbara A. Noah

Faculty Scholarship

The case of Theresa Marie Schiavo raises challenging legal and ethical issues, although the events of the case are not entirely novel. It is a well-settled principle under Florida law that individuals have a right to refuse life-sustaining medical treatment. After years of litigation, numerous courts have confirmed that removal of life support is legally appropriate under the facts of this case. Nevertheless, six days after Theresa's feeding tube was removed, the Florida legislature
opted to intervene in the final judicial decision by granting the Governor the authority to overrule the court's decision and to order the tube reinserted. These …


The Future Of Physician-Assisted Suicide, Yale Kamisar Jan 1998

The Future Of Physician-Assisted Suicide, Yale Kamisar

Articles

I believe that when the Supreme Court handed down its decisions in 1997 in Washington v. Glucksberg and Vacca v. Quill, proponents of physician-assisted suicide (PAS) suffered a much greater setback than many of them are able or willing to admit.


Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider Jan 1997

Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider

Articles

As I write, the Supreme Court has just agreed to hear Compassion in Dying v. Washington and Quill v. Vacco, the two cases in which United States circuit courts of appeals held that a state may not constitutionally prohibit physicians from helping a terminally ill person who wishes to commit suicide to do so. These cases have already received lavish comment and criticism, and no doubt the Supreme Court's opinion will garner even more. Reasonably enough, most of this analysis addresses the merits of physician-assisted suicide as social policy. I, here, want to talk about how setting bioethical policy …


The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar Jan 1996

The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar

Articles

Until this year, no state or federal appellate court had ever held that there was a right to assisted suicide no matter how narrow the circumstances or stringent the conditions. In 1996, however, within the span of a single month, two federal courts of appeals so held; in an 8-3 majority of the Ninth Circuit (sitting en banc) in Compassion in Dying v. Washington and a three-judge panel of the Second Circuit in Quill v. Vacco. What heartened proponents of a right to physician-assisted suicide even more, and pleased those resistant to the idea even less, was that the two …


It Started With Quinlan: The Ever Expanding 'Right To Die', Yale Kamisar Jan 1996

It Started With Quinlan: The Ever Expanding 'Right To Die', Yale Kamisar

Articles

Few rallying cries sound more straightforward than the "right to die"-but few are more fuzzy or more misunderstood. This becomes all too evident when comparing the right-to-die decision handed down by the U.S. Ninth Circuit Court of Appeals earlier this month and the New Jersey Supreme Court's decision in the Karen Ann Quinlan case twenty years ago. At different times, the "right to die" has embraced significantly different rights. On March 6, in Compassion in Dying v. Washington State, the Ninth Circuit held that because a Washington state statute prohibiting assisted suicide prevents physicians from providing assistance to competent, terminally …


The Reasons So Many People Support Physician-Assisted Suicide - And Why These Reasons Are Not Convincing, Yale Kamisar Jan 1996

The Reasons So Many People Support Physician-Assisted Suicide - And Why These Reasons Are Not Convincing, Yale Kamisar

Articles

It would be hard to deny that there is a great deal of support in this country-and ever-growing support-for legalizing physician-assisted suicide (PAS). Why is this so? I believe there are a considerable number of reasons. In this article, I shall discuss five common reasons and explain why I do not find any of them convincing.


Physician Assisted Suicide: The Last Bridge To Active Voluntary Euthanasia, Yale Kamisar Jan 1995

Physician Assisted Suicide: The Last Bridge To Active Voluntary Euthanasia, Yale Kamisar

Book Chapters

SOME 30 YEARS AGO an eminent constitutional law scholar, Charles L. Black, Jr, spoke of 'toiling uphill against that heaviest of all argumental weights- the weight of a slogan.' I am reminded of that observation when I confront the slogan the 'right to die.' Few rallying cries or slogans are more appealing and seductive than the 'right to die.' But few are more fuzzy, more misleading, or more misunderstood.


The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar Jan 1994

The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar

Articles

Some 30 years ago an eminent constitutional law scholar Charles L. Black, Jr., spoke of "toiling uphill against that heaviest of all argumental weights-the weight of a slogan. I am reminded of that observation when I confront the slogan the "right to die." Few rallying cries or slogans are more appealing and seductive than the "right to die." But few are more fuzzy, more misleading, and more misunderstood.


Assisted Suicide And Euthanasia: The Cases Are In The Pipeline, Yale Kamisar Jan 1994

Assisted Suicide And Euthanasia: The Cases Are In The Pipeline, Yale Kamisar

Articles

When I first wrote about this subject 36 years ago, the chance that any state would legalize assisted suicide or active voluntary euthanasia seemed minuscule. The possibility that any court would find these activities protected by the Due Process Clause seemed so remote as to be almost inconceivable. Not anymore. Before this decade ends, at least several states probably will decriminalize assisted suicide and/or active voluntary euthanasia. [Editor's note: In November, Oregon became the first state to legalize physician-assisted suicide, allowing doctors to prescribe lethal medication for competent, terminally ill adults who request it.] A distinct possibility also exists that …


Active V. Passive Euthanasia: Why Keep The Distinction?, Yale Kamisar Jan 1993

Active V. Passive Euthanasia: Why Keep The Distinction?, Yale Kamisar

Articles

In the past two decades, we have witnessed a "sea change in public, medical, and legislative judgments" about "letting die" and the "right to die." But it is no less true today than it was 35 years ago, when I first wrote about this subject, that in Anglo-American jurisprudence active euthanasia (what used to be called "mercy killing") is murder.


Who Should Live-Or Die? Who Should Decide?, Yale Kamisar Jan 1991

Who Should Live-Or Die? Who Should Decide?, Yale Kamisar

Articles

TRIAL asked Professor Kamisar questions on legal and ethical issues surrounding the right to die, a subject attracting increasing interest across the country and around the world.


When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar Jan 1991

When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar

Articles

When I am invited to participate in conferences on the "right to die," I suspect that the organizers of such gatherings expect me to fill what might be called the " 'slippery slope' slot" on the program or, more generally, to articulate the "conservative" position on this controversial matter. These expectations are hardly surprising. The "right to die" is a euphemism for what almost everybody used to call a form of euthanasia-" passive" or "negative" or "indirect" euthanasia-and some thirty years ago, in the course of raising various objections to proposed euthanasia legislation, I advanced the "thin edge of the …