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Articles 31 - 46 of 46
Full-Text Articles in Medical Jurisprudence
The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar
The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar
Articles
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, and more misunderstood.
Assisted Suicide And Euthanasia: The Cases Are In The Pipeline, Yale Kamisar
Assisted Suicide And Euthanasia: The Cases Are In The Pipeline, Yale Kamisar
Articles
When I first wrote about this subject 36 years ago, the chance that any state would legalize assisted suicide or active voluntary euthanasia seemed minuscule. The possibility that any court would find these activities protected by the Due Process Clause seemed so remote as to be almost inconceivable. Not anymore. Before this decade ends, at least several states probably will decriminalize assisted suicide and/or active voluntary euthanasia. [Editor's note: In November, Oregon became the first state to legalize physician-assisted suicide, allowing doctors to prescribe lethal medication for competent, terminally ill adults who request it.] A distinct possibility also exists that …
Withholding And Withdrawing Life Support From Adults At Common Law, Joan M. Gilmour
Withholding And Withdrawing Life Support From Adults At Common Law, Joan M. Gilmour
Osgoode Hall Law Journal
This article examines the circumstances in which life support can legally be withheld or withdrawn from adults. It analyzes the situation of patients who are both capable and incapable of making decisions, taking into account recent jurisprudence in Canada, the United States, and the United Kingdom. Where competence is not an issue, both law and modern medicine espouse a strong normative commitment to patient self-determination. However, when no clear indication of the patient's treatment preference can be ascertained because of decisional incapacity, then the question of terminating life support is much more difficult. The author describes and analyzes the two …
Physician-Assisted Suicide: The Legal And Practical Contours, Anthony J. Dangelantonio
Physician-Assisted Suicide: The Legal And Practical Contours, Anthony J. Dangelantonio
RISK: Health, Safety & Environment (1990-2002)
This paper considers current medical and legal perspectives on patients' right to assistance in dying. In highlighting the competing policy objectives that must be resolved, it examines failed legislative initiatives in Washington and California. It also considers a pending New Hampshire proposal. The last shows the difficulty of simultaneously alleviating physician's objections and achieving proponents' goals.
Has The Time Come For Doctor Death: Should Physician-Assisted Suicide Be Legalized?, Wendy N. Weigand
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 …
Medical Futility: Has Ending Life Support Become The Next Pro-Choice/Right To Life Debate, Daniel Robert Mordarski
Medical Futility: Has Ending Life Support Become The Next Pro-Choice/Right To Life Debate, Daniel Robert Mordarski
Cleveland State Law Review
This note will provide an analysis of the issue of medical futility and propose "solutions" to the issue. Part II considers the definition of "medical futility" and different ways to view the concept. In Part III, the position is forwarded that medical futility is a question of values which the medical profession is not necessarily more qualified than a layperson to answer. In Part IV, medical futility will be examined in the context of existing law. This section also addresses the potential tort liability of a health care provider who unilaterally takes certain actions based on the concept of medical …
Active V. Passive Euthanasia: Why Keep The Distinction?, Yale Kamisar
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.
Awareness Of And Rights Related To The Patient Self-Determination Act Of 1990 By Selected Post-Adolescent College Students, Toni M. Vargas
Awareness Of And Rights Related To The Patient Self-Determination Act Of 1990 By Selected Post-Adolescent College Students, Toni M. Vargas
Community & Environmental Health Theses & Dissertations
The purpose of this study was to determine if the Patient Self-Determination Act was effective in providing information to young adults and will young adults not only have an accurate understanding of their health care rights but sufficient opportunity to exercise those rights. From a sample of convenience, 83 college students were randomly selected to complete a questionnaire. The questionnaire contained 71 questions devised to reflect various aspects of the Patient Self-Determination Act. Five additional questions were asked to determine a generalized profile of the students. Data analysis of the responses identified 5 significant legal misunderstandings and 5 significant medical …
Advance Medical Directives In West Virginia, Part Two, Gordon H. Copland
Advance Medical Directives In West Virginia, Part Two, Gordon H. Copland
West Virginia Law Review
No abstract provided.
Advance Medical Directives In West Virginia, Part One, Irene M. Keely
Advance Medical Directives In West Virginia, Part One, Irene M. Keely
West Virginia Law Review
No abstract provided.
A Medical-Legal Dilemma: When Can "Inappropriate" Nutrition And Hydration Be Removed In Indiana?, Kathleen M. Anderson
A Medical-Legal Dilemma: When Can "Inappropriate" Nutrition And Hydration Be Removed In Indiana?, Kathleen M. Anderson
Indiana Law Journal
No abstract provided.
Suicide, Liberty And Our Imperfect Constitution: An Analysis Of The Legitimacy Of The Supreme Court's Entanglement In Decisions To Terminate Life-Sustaining Medical Treatment, Terrance A. Kline
Campbell Law Review
As the law developed in the states, the Supreme Court of the United States, in its 1990 opinion in Cruzan v. Director, Missouri Department of Health, determined that there exists a right to terminate life-sustaining medical treatment under the United States Constitution. As a result of the decision, new uncertainties have been infused into the state legislative and judicial responses to the issue. After examining the Cruzan decision below, I probe the constitutional legitimacy and the prudence of the Supreme Court's role in decisions relating to the termination of life-sustaining medical treatment. I conclude that the Court in Cruzan, though …
When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar
When Is There A Constitutional 'Right To Die'? When Is There No Constitutional 'Right To Live'?, Yale Kamisar
Articles
When I am invited to participate in conferences on the "right to die," I suspect that the organizers of such gatherings expect me to fill what might be called the " 'slippery slope' slot" on the program or, more generally, to articulate the "conservative" position on this controversial matter. These expectations are hardly surprising. The "right to die" is a euphemism for what almost everybody used to call a form of euthanasia-" passive" or "negative" or "indirect" euthanasia-and some thirty years ago, in the course of raising various objections to proposed euthanasia legislation, I advanced the "thin edge of the …
Who Should Live-Or Die? Who Should Decide?, Yale Kamisar
Who Should Live-Or Die? Who Should Decide?, Yale Kamisar
Articles
TRIAL asked Professor Kamisar questions on legal and ethical issues surrounding the right to die, a subject attracting increasing interest across the country and around the world.
Hospice: The Legal Ramifications Of A Place To Die, Abigail Lawlis Kuzma
Hospice: The Legal Ramifications Of A Place To Die, Abigail Lawlis Kuzma
Indiana Law Journal
No abstract provided.
Euthanasia And The Right To Die—Moral, Ethical And Legal Perspectives, Bruce Vodiga
Euthanasia And The Right To Die—Moral, Ethical And Legal Perspectives, Bruce Vodiga
Chicago-Kent Law Review
No abstract provided.