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Full-Text Articles in Law

Cotten V. Wilson: Toward A New Approach In Negligence Cases Involving Suicide, Alex B. Long Jul 2019

Cotten V. Wilson: Toward A New Approach In Negligence Cases Involving Suicide, Alex B. Long

Scholarly Works

No abstract provided.


Abolishing The Suicide Rule, Alex B. Long Jan 2019

Abolishing The Suicide Rule, Alex B. Long

Scholarly Works

Suicide is increasingly recognized as a public health issue. There are over 40,000 suicides a year in the U.S., making suicide the tenth-leading cause of death in the country. But societal attitudes on the subject remain decidedly mixed. Suicide is often closely linked to mental illness, a condition that continues to involve stigma and often triggers irrational fears and misunderstanding. For many, suicide remains an immoral act that flies in the face of strongly held religious principles. In some ways, tort law’s treatment of suicide mirrors the conflicting societal views regarding suicide. Tort law has long been reluctant to permit …


The Puzzle Of Inciting Suicide, Guyora Binder, Luis E. Chiesa Jan 2019

The Puzzle Of Inciting Suicide, Guyora Binder, Luis E. Chiesa

Journal Articles

In 2017, a Massachusetts court convicted Michelle Carter of manslaughter for encouraging the suicide of Conrad Roy by text message, but imposed a sentence of only 15 months. The conviction was unprecedented in imposing homicide liability for verbal encouragement of apparently voluntary suicide. Yet if Carter killed, her purpose that Roy die arguably merited liability for murder and a much longer sentence. This Article argues that our ambivalence about whether and how much to punish Carter reflects suicide’s dual character as both a harm to be prevented and a choice to be respected. As such, the Carter case requires us …