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Full-Text Articles in Law

Why Basic Liberties Are Bilateral, James W. Nickel Nov 1998

Why Basic Liberties Are Bilateral, James W. Nickel

Articles

No abstract provided.


Hard Cases, Carl E. Schneider Mar 1998

Hard Cases, Carl E. Schneider

Articles

Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her parents kept …


Medicaid Managed Care And Disability Discrimination Issues, Mary Crossley Jan 1998

Medicaid Managed Care And Disability Discrimination Issues, Mary Crossley

Articles

This article examines issues potentially raised under the Americans with Disabilities Act (ADA) by states' decisions whether and how to include disabled Medicaid recipients in the massive shift towards Medicaid managed care. Part II briefly examines the special issues that disabled Medicaid recipients pose with respect to managed care enrollment. These include issues of cost, quality, access, and program design and implementation. Part III describes various approaches that state programs have taken or are proposing to take with respect to the enrollment of disabled Medicaid recipients in managed care. These approaches range from simply excluding the SSI population from managed …


Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar Jan 1998

Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar

Articles

Now that the U.S. Supreme Court has upheld New York and Washington state laws prohibiting the aiding of another to commit suicide,2 the spotlight will shift to the state courts, the state legislatures and state referenda. And once again proponents of physician-assisted suicide (PAS) will point to a heartwrenching case, perhaps the relatively rare case where a dying person is experiencing unavoidable pain (i.e., pain that not even the most skilled palliative care experts are able to mitigate), and ask: What would you want done to you if you were in this person's shoes?


On The Meaning And Impact Of The Physician-Assisted Suicide Cases. (Symposium: Physician-Assisted Suicide: Facing Death After Glucksberg And Quill), Yale Kamisar Jan 1998

On The Meaning And Impact Of The Physician-Assisted Suicide Cases. (Symposium: Physician-Assisted Suicide: Facing Death After Glucksberg And Quill), Yale Kamisar

Articles

I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v. Glucksberg' and Vacco v. Quill.2 I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.


The Future Of Physician-Assisted Suicide, Yale Kamisar Jan 1998

The Future Of Physician-Assisted Suicide, Yale Kamisar

Articles

I believe that when the Supreme Court handed down its decisions in 1997 in Washington v. Glucksberg and Vacca v. Quill, proponents of physician-assisted suicide (PAS) suffered a much greater setback than many of them are able or willing to admit.