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Full-Text Articles in Law

Consentability, Autonomy, And Self-Actualization, Jonathan Witmer-Rich Apr 2020

Consentability, Autonomy, And Self-Actualization, Jonathan Witmer-Rich

Law Faculty Articles and Essays

This essay evaluates several competing principles underlying consent, such as self-interest, self-sovereignty, and self-actualization. Witmer-Rich argues that the nature of consent depends heavily on which of these underlying values consent is believed to serve and concludes that “self-actualization—the ongoing human project of creating and embodying coherent and meaningful values and choices—is the most fundamental good of autonomy and is the good that society should seek to further in the law of consent.”


Parens Patriae And Parental Rights: When Should The State Override Parental Medical Decisions?, Elchanan G. Stern Dec 2019

Parens Patriae And Parental Rights: When Should The State Override Parental Medical Decisions?, Elchanan G. Stern

Journal of Law and Health

Alfie Evans was a terminally ill British child whose parents, clinging to hope, were desperately trying to save his life. Hospital authorities disagreed and petitioned the court to enjoin the parents from removing him and taking him elsewhere for treatment. The court stepped in and compelled the hospital to discontinue life support and claimed that further treatment was not in the child’s best interest. This note discusses the heartbreaking stories of Alfie and two other children whose parents’ medical decisions on their behalf were overridden by the court. It argues that courts should never decide that death is in ...


Private Requitals, Bailey Kuklin Jun 2016

Private Requitals, Bailey Kuklin

Cleveland State Law Review

Previously, I examined the establishment of a person’s substantive rights and, correlatively, duties. But this was only the first step. This Article addresses the second step: the means for recognizing requital rights violations, including their articulation, adoption, and implementation. Taking a deontic, individualistic perspective on rights, this Article aims to delineate and protect one’s personal freedom, one’s autonomy. To do so, this Article, using a formal understanding of the categorical imperative, will examine whether an agent’s chosen maxims are deontically acceptable. The maxims need to be both first-order, substantive ones that establish autonomy boundary baselines, and ...


The Rise Of The Reproductive Brothel In The Global Economy: Some Thoughts On Reproductive Tourism, Autonomy, And Justice, April L. Cherry Jan 2014

The Rise Of The Reproductive Brothel In The Global Economy: Some Thoughts On Reproductive Tourism, Autonomy, And Justice, April L. Cherry

Law Faculty Articles and Essays

This article explores some of the ethical issues raised by the rise of a global reproductive tourism model that includes “the reproductive brothel,” a place where women are gathered together in confined areas and their reproductive capacities sold to men as commodities. After exploring the phenomenon of reproductive tourism as it has developed in India, and the ways in which economic globalization has shaped the practice, the article then considers two ethical responses to the development of the practice of global commercial surrogacy; the first of which focuses on the value of autonomy (both as choice and as dignity), and ...


Nursing The Primary Care Shortage Back To Health: How Expanding Nurse Practitioner Autonomy Can Safely And Economically Meet The Growing Demand For Basic Health Care , Michael B. Zand Jan 2011

Nursing The Primary Care Shortage Back To Health: How Expanding Nurse Practitioner Autonomy Can Safely And Economically Meet The Growing Demand For Basic Health Care , Michael B. Zand

Journal of Law and Health

This article first discusses the history and educational requirements of the Nurse Practitioner profession. It then discusses the policy reasons why Nurse Practitioners should, and do, play an important role in the country's health care delivery system. The core of the article deals with the legal issues surrounding the NP's scope of practice including the need for collaborative agreements with physicians, authority to prescribe drugs, and identification. Finally the article discusses how NPs fit into the health insurance scheme and their liability for malpractice.


The Mystery Of Life In The Laboratory Of Democracy: Personal Autonomy In State Law, Adam J. Macleod Jan 2011

The Mystery Of Life In The Laboratory Of Democracy: Personal Autonomy In State Law, Adam J. Macleod

Cleveland State Law Review

This article attempts to carve a path between the two sides in this autonomy war. It begins by bringing into dialogue with each other four of the most influential legal philosophers of our day: Joseph Raz, Ronald Dworkin, John Finnis, and Robert George. Each of these four scholars makes bold and instructive claims about the value and limits of personal autonomy. The article then examines several different areas of state law where one might expect a principle of autonomy to be implicated, and articulates six important lessons that one can glean from state law about the relationship between personal autonomy ...


It's Good To Be Autonomous: Prospective Consent, Retrospective Consent, And The Foundation Of Consent In The Criminal Law, Jonathan Witmer-Rich Jan 2011

It's Good To Be Autonomous: Prospective Consent, Retrospective Consent, And The Foundation Of Consent In The Criminal Law, Jonathan Witmer-Rich

Law Faculty Articles and Essays

What is the foundation of consent in the criminal law? Classically liberal commentators have offered at least three distinct theories. J.S. Mill contends we value consent because individuals are the best judges of their own interests. Joel Feinberg argues an individual’s consent matters because she has a right to autonomy based on her intrinsic sovereignty over her own life. Joseph Raz also focuses on autonomy, but argues that society values autonomy as a constituent element of individual well-being, which it is the state’s duty to promote.The criminal law’s approach to the problem of non-contemporaneous consent ...


Cities In (White) Flight: Space, Difference And Complexity In Latcrit Theory, Keith Aoki Jan 2005

Cities In (White) Flight: Space, Difference And Complexity In Latcrit Theory, Keith Aoki

Cleveland State Law Review

This essay introduces three articles by Reggie Oh, Aaron Monty and Julian Webb that share themes related to the idea of decentralization and decentering. This essay obliquely approached the three LatCrit pieces by first evoking James Blish's science fictional vision of "Cities in Flight" - cities enabled by anti-aging and antigravitation technology to depart from the face of the Earth and roam interstellar space, a picture of radical physical decentralization. The essay then moved on to consider three justifications and visions of decentralization from Robert Nozick, Frank Michelman and Iris Young articulating libertarian, deliberative communitarian and arguably, postmodern approaches to ...


Roe's Legacy: The Nonconsensual Medical Treatment Of Pregnant Women And Implications For Female Citizenship, April L. Cherry Jan 2004

Roe's Legacy: The Nonconsensual Medical Treatment Of Pregnant Women And Implications For Female Citizenship, April L. Cherry

Law Faculty Articles and Essays

In this Essay, I demonstrate how I have come to the conclusion that the "compelling state interest" language used by the Court in Roe has been used to constrain and derogate women's citizenship. In Part I, I detail Roe's holding and describe some of the arguments, which use Roe as precedent, that seek to justify limits on health care decision making by pregnant women. I argue that because Roe does not address situations outside of the abortion context, it leaves intact women's common law and constitutional liberty rights to direct their medical care. Therefore, the state cannot ...


The Relationship Between Military And Civil Power In Ohio, John Kulewicz Jan 1979

The Relationship Between Military And Civil Power In Ohio, John Kulewicz

Cleveland State Law Review

State law has struck an unconstitutional balance between military and civil power in Ohio. The Strict Subordination clause of the Ohio Constitution provides, "the military shall be in strict subordination to the civil power."' Nevertheless, the statutes that govern deployment of the state militia allow commanders of the state's military forces to eclipse civil power. This article examines the law enforcement role of the state militia and recommends several measures by which the General Assembly can implement the constitutionally prescribed relationship between military and civil power in Ohio.


The Relationship Between Military And Civil Power In Ohio, John Kulewicz Jan 1979

The Relationship Between Military And Civil Power In Ohio, John Kulewicz

Cleveland State Law Review

State law has struck an unconstitutional balance between military and civil power in Ohio. The Strict Subordination clause of the Ohio Constitution provides, "the military shall be in strict subordination to the civil power."' Nevertheless, the statutes that govern deployment of the state militia allow commanders of the state's military forces to eclipse civil power. This article examines the law enforcement role of the state militia and recommends several measures by which the General Assembly can implement the constitutionally prescribed relationship between military and civil power in Ohio.


1967-1968 Problems In Legal Education, David F. Cavers, Robert F. Drinan, W. Ray Forrester, Robert F. Grabb Jan 1968

1967-1968 Problems In Legal Education, David F. Cavers, Robert F. Drinan, W. Ray Forrester, Robert F. Grabb

Cleveland State Law Review

Six problems in legal education, much discussed recently, were posed by the Editors of this Review to leading legal educators. These questions were and are frankly difficult and controversial, but their answers are important to our system of legal education and to our society. Capsule answers given by these distinguished legal educators are believed to be interesting and significant. Each is a personal rather than a representative opinion. Brief answers such as these, of course, are not expected to be, nor do they pretend to be, complete or profound. Their purpose is to indicate succinctly the approach of outstanding American ...