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Articles 1 - 30 of 46
Full-Text Articles in Medical Jurisprudence
An In-Depth Review Of Euthanasia-Related Practices, Arguments For/Against Them, And Proposed Solutions For Their Most Glaring Legal/Ethical Problems, Macon Plecha
Williams Honors College, Honors Research Projects
This paper’s goal is to cover the topic of euthanasia-related practices at great length. Terminology, history, and current programs around the world are discussed first, with the last point covering a wide geographical range: Colombia, Japan, Israel, and Africa, to name a few outside of the Western world standard. Arguments for and against euthanasia-related practices are explored. Within these arguments, several pressing legal and ethical issues arise, and the most severe of these are expanded on through the offering of potential solutions: how to handle stand-alone psychiatric cases, how to improve advanced directives and poor reporting rates, and how to …
Maine's Living Will Act And The Termination Of Life-Sustaining Medical Procedures, Eric R. Herlan
Maine's Living Will Act And The Termination Of Life-Sustaining Medical Procedures, Eric R. Herlan
Maine Law Review
The Maine Legislature recently enacted a law authorizing the execution and use of living wills. The execution of a living will, essentially a document of "informed consent," allows a person to preserve in a legally recognized form his desire that, once he has been diagnosed to have a terminal medical condition and is no longer competent to make treatment decisions, the doctor should discontinue all life-sustaining procedures. With the passage of this act, Maine has joined thirty-four other states and the District of Columbia in enacting living will provisions. In addition, the National Conference of Commissioners on Uniform State Laws …
In Re Gardner: Withdrawing Medical Care From Persistently Vegetative Patients, John K. Veroneau
In Re Gardner: Withdrawing Medical Care From Persistently Vegetative Patients, John K. Veroneau
Maine Law Review
As medical science and technology progress, the distinction between traditional notions of life and death becomes increasingly blurred. Persons in dire medical conditions, lacking all cognitive and sensory abilities, may now be kept "alive" for indefinite periods of time. In the seminal case of In re Quinlan, a court was first asked whether it was ever legally permissible to withhold or withdraw life-preserving care from a persistently vegetative person. Since In re Quinlan, the courts of many states, including Maine, have confronted this issue. In In re Gardner, the Maine Supreme Judicial Court, sitting as the Law Court, affirmed a …
Withdrawal Of Life-Sustaining Treatment: Patients' Rights—Privacy Rights, Patricia Lerwick
Withdrawal Of Life-Sustaining Treatment: Patients' Rights—Privacy Rights, Patricia Lerwick
Maine Law Review
As medical expertise and technologies improve, many patients who would otherwise die of their illnesses or injuries survive. For many of these patients and their families, the knowledge and therapies that save their lives are a blessing. Unfortunately for some, survival means not recovery, but rather a severely limited existence dependent on some form of life-sustaining treatment, such as a ventilator or feeding tube. For some of these patients, such an existence is not a blessing, but a curse, not a triumph over death, but rather a cruel prolonging of their dying. These patients, or their families, seek to have …
The Right To Conscience Vs. The Right To Die: Physician-Assisted Suicide, Catholic Hospitals, And The Rising Threat To Institutional Free Exercise In Healthcare, Zachary R. Carstens
The Right To Conscience Vs. The Right To Die: Physician-Assisted Suicide, Catholic Hospitals, And The Rising Threat To Institutional Free Exercise In Healthcare, Zachary R. Carstens
Pepperdine Law Review
An imminent conflict is developing between religious healthcare institutions opposed to physician-assisted death (PAD) and their healthcare employees who wish to offer PAD to their patients. When these interests clash, institutional conscience claims must prevail over doctors’ desires and patients’ demands. This article catalogues the incomplete patchwork of conscience protections guaranteed to American healthcare workers and institutions, as well as the swiftly accelerating wave of PAD legalization sweeping the states. The article documents the tactical vocabulary—deployed with nearly identical language in every state PAD statute—that conspicuously anticipates con-science objections from the massive, and staunchly anti-PAD, Catholic healthcare system. Notably, in …
A Hypothetical: Quinlan Under Ohio Law, Wendy C. Gerzog
A Hypothetical: Quinlan Under Ohio Law, Wendy C. Gerzog
Akron Law Review
WITH THE DECISION by all of the respondents in In re Quinlan not to appeal their case to the United States Supreme Court, the people in this country will have to wait for a definitive statement of law on a person's right to die and on a guardian's standing to assert that right for his ward. Because of the dearth of precedent in this area, each state court that is faced with the prospect of reviewing a case like Quinlan will have to grapple with its own constitutional and statutory schemes in order to make a determination of these difficult …
A Hypothetical: Quinlan Under Ohio Law, Wendy C. Gerzog
A Hypothetical: Quinlan Under Ohio Law, Wendy C. Gerzog
Akron Law Review
WITH THE DECISION by all of the respondents in In re Quinlan1 not to appeal their case to the United States Supreme Court,2 the people in this country will have to wait for a definitive statement of law on a person's right to die and on a guardian's standing to assert that right for his ward. Because of the dearth of precedent in this area, each state court that is faced with the prospect of reviewing a case like Quinlan will have to grapple with its own constitutional and statutory schemes in order to make a determination of these difficult …
The Case Of Baby Andrew, Peter Singer, Helga Kuhse
The Case Of Baby Andrew, Peter Singer, Helga Kuhse
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Balancing The Right To Die With Competing Interests: A Socio-Legal Enigma, Glenn W. Peterson
Balancing The Right To Die With Competing Interests: A Socio-Legal Enigma, Glenn W. Peterson
Pepperdine Law Review
No abstract provided.
Vacco V. Quill And Washington V. Glucksberg: Thou Shalt Not Kill, Unless Your State Permits Physician-Assisted Suicide , Jennifer Bradford
Vacco V. Quill And Washington V. Glucksberg: Thou Shalt Not Kill, Unless Your State Permits Physician-Assisted Suicide , Jennifer Bradford
Pepperdine Law Review
No abstract provided.
Death, Dying, And Domination, Marc Spindelman
Death, Dying, And Domination, Marc Spindelman
Michigan Law Review
This Article critiques conventional liberal arguments for the right to die on liberal grounds. It contends that these arguments do not go far enough to recognize and address private, and in particular structural, forms of domination. It presents an alternative that does, which is thus more respectful of true freedom in the context of death and dying, and also more consistent with liberalism. After discussing obstacles to the achievement of a right to die that encompasses freedom from both public and private domination, the Article closes with a significant reform project within bioethics that might help bring it about.
In The Laboratory Of The States: The Progress Of Glucksberg'S Invitation To States To Address End-Of-Life Choice, Kathryn L. Tucker
In The Laboratory Of The States: The Progress Of Glucksberg'S Invitation To States To Address End-Of-Life Choice, Kathryn L. Tucker
Michigan Law Review
It has now been ten years since the Supreme Court handed down Glucksberg and Quill, rulings on laws that forbid "assisted suicide." In that time, normative and legal developments in the fields of law, medicine, and psychology have changed the landscape of the discourse on the choice of a mentally competent, terminally ill individual to choose to self-administer medications to bring about a peaceful death. Although the Court rejected petitioners' claims that state laws denying them the ability to end their terminal illnesses through self-administered medication violated the Constitution, it left states with the opportunity to experiment with legislation …
Physician-Assisted Suicide In Oregon: A Medical Perspective, Herbert Hendin, Kathleen Foley
Physician-Assisted Suicide In Oregon: A Medical Perspective, Herbert Hendin, Kathleen Foley
Michigan Law Review
This Article examines the Oregon Death with Dignity Act from a medical perspective. Drawing on case studies and information provided by doctors, families, and other care givers, it finds that seemingly reasonable safeguards for the care and protection of terminally ill patients written into the Oregon law are being circumvented. The problem lies primarily with the Oregon Public Health Division ("OPHD"), which is charged with monitoring the law. OPHD does not collect the information it would need to effectively monitor the law and in its actions and publications acts as the defender of the law rather than as the protector …
Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman
Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman
University of Miami Law Review
No abstract provided.
Schiavo: The Road Not Taken, Mary I. Coombs
Schiavo: The Road Not Taken, Mary I. Coombs
University of Miami Law Review
No abstract provided.
Schiavo And Contemporary Myths About Dying, Rebecca Dresser
Schiavo And Contemporary Myths About Dying, Rebecca Dresser
University of Miami Law Review
No abstract provided.
Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel
Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel
University of Miami Law Review
No abstract provided.
(Mis)Framing Schiavo As Discrimination Against Persons With Disabilities, Leslie Pickering Francis, Anita Silvers
(Mis)Framing Schiavo As Discrimination Against Persons With Disabilities, Leslie Pickering Francis, Anita Silvers
University of Miami Law Review
No abstract provided.
Some Personal Aspects Of End-Of-Life Decisionmaking, James L. Werth Jr.
Some Personal Aspects Of End-Of-Life Decisionmaking, James L. Werth Jr.
University of Miami Law Review
No abstract provided.
An Idea Whose Time Should Never Have Come, Roger B. Dworkin
An Idea Whose Time Should Never Have Come, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Politicizing The End Of Life: Lessons From The Schiavo Controversy, Barbara A. Noah
Politicizing The End Of Life: Lessons From The Schiavo Controversy, Barbara A. Noah
Faculty Scholarship
The case of Theresa Marie Schiavo raises challenging legal and ethical issues, although the events of the case are not entirely novel. It is a well-settled principle under Florida law that individuals have a right to refuse life-sustaining medical treatment. After years of litigation, numerous courts have confirmed that removal of life support is legally appropriate under the facts of this case. Nevertheless, six days after Theresa's feeding tube was removed, the Florida legislature
opted to intervene in the final judicial decision by granting the Governor the authority to overrule the court's decision and to order the tube reinserted. These …
Health Care Surrogate Statutes: Ethics Pitfalls Threaten The Interests Of Incompetent Patients, Aaron N. Krupp
Health Care Surrogate Statutes: Ethics Pitfalls Threaten The Interests Of Incompetent Patients, Aaron N. Krupp
West Virginia Law Review
No abstract provided.
The Future Of Physician-Assisted Suicide, Yale Kamisar
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.
Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider
Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider
Articles
As I write, the Supreme Court has just agreed to hear Compassion in Dying v. Washington and Quill v. Vacco, the two cases in which United States circuit courts of appeals held that a state may not constitutionally prohibit physicians from helping a terminally ill person who wishes to commit suicide to do so. These cases have already received lavish comment and criticism, and no doubt the Supreme Court's opinion will garner even more. Reasonably enough, most of this analysis addresses the merits of physician-assisted suicide as social policy. I, here, want to talk about how setting bioethical policy …
It Started With Quinlan: The Ever Expanding 'Right To Die', Yale Kamisar
It Started With Quinlan: The Ever Expanding 'Right To Die', Yale Kamisar
Articles
Few rallying cries sound more straightforward than the "right to die"-but few are more fuzzy or more misunderstood. This becomes all too evident when comparing the right-to-die decision handed down by the U.S. Ninth Circuit Court of Appeals earlier this month and the New Jersey Supreme Court's decision in the Karen Ann Quinlan case twenty years ago. At different times, the "right to die" has embraced significantly different rights. On March 6, in Compassion in Dying v. Washington State, the Ninth Circuit held that because a Washington state statute prohibiting assisted suicide prevents physicians from providing assistance to competent, terminally …
The Reasons So Many People Support Physician-Assisted Suicide - And Why These Reasons Are Not Convincing, Yale Kamisar
The Reasons So Many People Support Physician-Assisted Suicide - And Why These Reasons Are Not Convincing, Yale Kamisar
Articles
It would be hard to deny that there is a great deal of support in this country-and ever-growing support-for legalizing physician-assisted suicide (PAS). Why is this so? I believe there are a considerable number of reasons. In this article, I shall discuss five common reasons and explain why I do not find any of them convincing.
The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar
The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar
Articles
Until this year, no state or federal appellate court had ever held that there was a right to assisted suicide no matter how narrow the circumstances or stringent the conditions. In 1996, however, within the span of a single month, two federal courts of appeals so held; in an 8-3 majority of the Ninth Circuit (sitting en banc) in Compassion in Dying v. Washington and a three-judge panel of the Second Circuit in Quill v. Vacco. What heartened proponents of a right to physician-assisted suicide even more, and pleased those resistant to the idea even less, was that the two …
Physician Assisted Suicide: The Last Bridge To Active Voluntary Euthanasia, Yale Kamisar
Physician Assisted Suicide: The Last Bridge To Active Voluntary Euthanasia, Yale Kamisar
Book Chapters
SOME 30 YEARS AGO an eminent constitutional law scholar, Charles L. Black, Jr, spoke of 'toiling uphill against that heaviest of all argumental weights- the weight of a slogan.' I am reminded of that observation when I confront the slogan the 'right to die.' Few rallying cries or slogans are more appealing and seductive than the 'right to die.' But few are more fuzzy, more misleading, or more misunderstood.
Incompetents And The Right To Die: In Search Of Consistent Meaningful Standards, Mark Strasser
Incompetents And The Right To Die: In Search Of Consistent Meaningful Standards, Mark Strasser
Kentucky Law Journal
No abstract provided.
Toward A More Perfect Union: A Federal Cause Of Action For Physician Aid-In-Dying, Todd David Robichaud
Toward A More Perfect Union: A Federal Cause Of Action For Physician Aid-In-Dying, Todd David Robichaud
University of Michigan Journal of Law Reform
Part I of this Note investigates the possible foundations of a constitutional right to physician aid-in-dying triggering section 1983 protection and the opposing state interests in preventing suicide. Part II examines the nature and scope of and obstacles to a request for section 1983 relief. Finally, Part III focuses on the public policy implications associated with recognizing a federal cause of action.