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Series

The Catholic University of America, Columbus School of Law

1986

Medical Jurisprudence

Articles 1 - 2 of 2

Full-Text Articles in Law

Cryonic Suspension And The Law, George P. Smith Ii, Clare Hall Jan 1986

Cryonic Suspension And The Law, George P. Smith Ii, Clare Hall

Scholarly Articles

Three central problems which adversely affect the intriguing use, development, and perfection of the cryonic suspension of individuals are analyzed: the extent to which a physician may be guilty of malpractice in assisting with a suspension - owing to present weaknesses in defining death and coordinate criminal liability attaching theretofor murder; the need for a recognition of suspension; and the present effect of the law's anachronistic treatment of estate devolution upon a cryon - or one undergoing suspension. To meet these difficulties, a partnership is proposed between law and medicine which would respond to challenges to this type of new …


Quality-Of-Life Ethics And Constitutional Jurisprudence: The Demise Of Natural Rights And Equal Protection For The Disabled And Incompetent, Robert A. Destro Jan 1986

Quality-Of-Life Ethics And Constitutional Jurisprudence: The Demise Of Natural Rights And Equal Protection For The Disabled And Incompetent, Robert A. Destro

Scholarly Articles

Part I of this article will attempt to identify some of the basic legal issues in the debate over the rights of the disabled and aged to minimal health care and nourishment. Part II will argue that the practice of defining the rights of the person functionally, rather than as a matter of principle, is an old one which had largely been eliminated after the adoption of the Fourteenth Amendment, but that it is now resurgent in some quarters as a means to an end which would be impossible were the definition to be based on an explicit principle of …