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Full-Text Articles in Law

Withdrawal Of Treatment For Minors In A Persistent Vegetative State: Parents Should Decide, Ann Maclean Massie Jan 1993

Withdrawal Of Treatment For Minors In A Persistent Vegetative State: Parents Should Decide, Ann Maclean Massie

Scholarly Articles

No abstract provided.


Defining The Right To Die, David M. English Jan 1993

Defining The Right To Die, David M. English

Faculty Publications

Although Friedrich Nietzsche was not noted for his views on medical ethics, the above quotation captures the essence of James Lindgren's article. Lindgren posits that the recent O'Connor' and Cruzan decisions signal a shift in the law on the withdrawal or withholding of treatment. He concludes that the requirement set forth in those cases-that an individual must have clearly and convincingly expressed his or her wishes before treatment can be terminated--errs unduly on the side of life. Basing his conclusion primarily on preferences revealed by public opinion polls, he contends that a better rule would be to presume, subject to …


The "Value Of Human Life" And "The Right To Death": Some Reflections On Cruzan And Ronald Dworkin, John M. Finnis Jan 1993

The "Value Of Human Life" And "The Right To Death": Some Reflections On Cruzan And Ronald Dworkin, John M. Finnis

Journal Articles

These reflections focus on three members (one professor and two alumni) of my Oxford college. Though University College officially bears the name The Great Hall of the University of Oxford, it is only one of that university's 30 colleges, and not a particularly large one-only about 450 students and teaching fellows like myself. My title's focus on one named law professor may already seem narrow. How then, you may wonder, can adding two more names from the same little institution in England make this lecture less parochial, and more relevant to Southern Illinois?


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.