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Full-Text Articles in Law

Death By Default, James Lindgren Jul 1993

Death By Default, James Lindgren

Law and Contemporary Problems

It is argued that most people would prefer that their lives not be artificially prolonged and that, in the absence of evidence that a particular person would have preferred otherwise, courts should permit life support to be withdrawn. A counter argument is presented.


Euthanasia Versus Advance Directives: New Options Facing The Terminally Ill, Michael J. Miller Jan 1993

Euthanasia Versus Advance Directives: New Options Facing The Terminally Ill, Michael J. Miller

Brigham Young University Prelaw Review

Many people are fearful that if they become terminally ill, they will end up on life support, trapped from malting their own decision to live or die. As a result of this fear, proponents of active euthanasia, or mercy killings, are increasing. One proponent of active euthanasia, Dr. Jack Kevorkian, has taken the idea of mercy killings to new extremes. During the past three years, he has assisted in the suicide deaths of fifteen terminally ill patients (Reuters 1993, 6[A]). Others, who believe that mercy killings are wrong, favor passive euthanasia. They believe the terminally ill should have the right …


Should Active Euthanasia Be Legalized? No: Preserve Traditional Restraints, Yale Kamisar Jan 1993

Should Active Euthanasia Be Legalized? No: Preserve Traditional Restraints, Yale Kamisar

Articles

The distinction between letting people die and killing them by lethal injection is now an integral part of the medico-legal landscape. This is the compromise we have arrived at in the struggle to take a humane approach toward seriously ill patients while still preserving as many traditional restraints against killing as we possibly can. This may be neither the logician's or the philosopher's way to resolve the controversy, but it may nevertheless be a defensible pragmatic way to do so.


People With Pipes: A Question Of Euthanasia, Susan Machler Jan 1993

People With Pipes: A Question Of Euthanasia, Susan Machler

Seattle University Law Review

This Comment will focus on the constitutional and common law backgrounds of suicide and the right to refuse medical treatment, the need for well-articulated policies on right-todie issues, and a possible legislative solution that will balance the needs of dying individuals with society's interest in preventing abuse. Until we develop policies regarding physician- assisted suicide, we are leaving the needs and the protection of the dying to "people with pipes." We are leaving policymaking to whomever wins the battle between a doctor who invents suicide machines and a prosecutor who wants to put the doctor in jail for an act …


Has The Time Come For Doctor Death: Should Physician-Assisted Suicide Be Legalized?, Wendy N. Weigand Jan 1993

Has The Time Come For Doctor Death: Should Physician-Assisted Suicide Be Legalized?, Wendy N. Weigand

Journal of Law and Health

A "true" doctor-assisted suicide can be distinguished from euthanasia in that the patient is actually bringing his or her own life to an end. The doctor in some way facilitates the action, either by providing the means for the suicide, such as in the New England Journal of Medicine article, or by giving the patient some kind of instruction as to the best way of carrying out the act. The difference lies in the fact that it is the patient killing him or herself with the help or advice of a physician, not the physician acting directly to shorten the …


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.