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Rules Are Meant To Be Broken: The Organ Procurement And Transplantation Network Should Allow Pediatric Transplantation Of Adult Lungs, Ciera Parish Jan 2015

Rules Are Meant To Be Broken: The Organ Procurement And Transplantation Network Should Allow Pediatric Transplantation Of Adult Lungs, Ciera Parish

Journal of Law and Health

This note analyzes the "Under 12 Rule" and advocates for its abolishment by examining the consequences and discrimination faced by children under the age of twelve since its enactment in 2005 as well as the benefits stemming from the allowance of using adult lungs for pediatric transplantation. Part II discusses the history of organ transplantation law and the current organ transplantation laws as they stand. Part III provides statistical data demonstrating the disparity between pediatric lung transplant candidates and adult lung transplant candidates. Part IV discusses the reasons for the implementation of the "Under 12 Rule" and analyzes the emerging …


Ancient Answers To Modern Questions: Death, Dying And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber Jan 1997

Ancient Answers To Modern Questions: Death, Dying And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber

Law Faculty Articles and Essays

Core values of the Jewish heritage are life and family, not death. An interpretation of Halachah which permits a broad definition of passive euthanasia without lapsing into acceptance of active euthanasia or its more evil cousin, assisted suicide, is consistent with these values. Also consistent with these values and the Jewish tradition is a modern definition of death which recognizes advances in medical technology that were beyond the knowledge or imagination of those who created the vast body of Rabbinic law. This approach will not only ease the suffering of families, it will allow organ transplants to save the lives …


Ancient Answers To Modern Questions: Death, Dying, And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber Jan 1996

Ancient Answers To Modern Questions: Death, Dying, And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber

Journal of Law and Health

To understand the application of Jewish Law to issues of death and the dying process one must first be aware of the importance of life, and saving life (pikuach nefesh), in Jewish thought. Judaism "attribut[es] . . . infinite value to human life. Infinity being indivisible, any fraction of life, however limited its expectancy or its health, remains equally infinite in value." The Mishnah teaches that creation began with a single human being to "teach you that to destroy a single human soul is equivalent to destroying an entire world; and that to sustain a single soul is …


A Unified Approach To Organ Donor Recruitment, Organ Procurement, And Distribution, David A. Peters Jan 1989

A Unified Approach To Organ Donor Recruitment, Organ Procurement, And Distribution, David A. Peters

Journal of Law and Health

This article initially demonstrates the falsity of each of these assumptions. Policy alternatives are then proposed to govern donor recruitment and the activities of organ procurement and distribution. These alternatives are consistent with the correct assumption on the issues mentioned, and appear to be politically feasible in the light of available empirical evidence.