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1991

Medical Jurisprudence

Right to die

Articles 1 - 3 of 3

Full-Text Articles in Law

Suicide, Liberty And Our Imperfect Constitution: An Analysis Of The Legitimacy Of The Supreme Court's Entanglement In Decisions To Terminate Life-Sustaining Medical Treatment, Terrance A. Kline Jan 1991

Suicide, Liberty And Our Imperfect Constitution: An Analysis Of The Legitimacy Of The Supreme Court's Entanglement In Decisions To Terminate Life-Sustaining Medical Treatment, Terrance A. Kline

Campbell Law Review

As the law developed in the states, the Supreme Court of the United States, in its 1990 opinion in Cruzan v. Director, Missouri Department of Health, determined that there exists a right to terminate life-sustaining medical treatment under the United States Constitution. As a result of the decision, new uncertainties have been infused into the state legislative and judicial responses to the issue. After examining the Cruzan decision below, I probe the constitutional legitimacy and the prudence of the Supreme Court's role in decisions relating to the termination of life-sustaining medical treatment. I conclude that the Court in Cruzan, though …


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 …