Issues in Law & Medicine

Journal covering legal and ethical issues in the delivery of medical care.

Articles from Vol. 21, No. 3, Spring

Acceptance, Avoidance, and Ambiguity: Conflicting Social Values about Childhood Disability
15 KENNEDY INST. ETHICS J. 371 (Dec. 2005). Advances in medical technology now permit children who need ventilator assistance to live at home rather than in hospitals or institutions. What does this ventilator-dependent life mean to children and...
Emotional and Psychological Effects of Physician-Assisted Suicide and Euthanasia on Participating Physicians
Abstract: This is a review and evaluation of medical and public literature regarding the reported emotional and psychological effects of participation in physician-assisted suicide (PAS) and euthanasia on the involved physicians. Materials and Methods:...
Frogs, Crabs, and the Culture of Death: Lessons from the Schiavo Case
10 J. AM. PHYSICIANS & SURGEONS 55 (Summer 2005). Persistent Vegetative State (PVS) is "coma-lite." In 1972, Drs. Bryan Jennett and Fred Plum explained the distinctions among several terrible kinds of brain injuries resulting in losses of consciousness,...
Gonzales V. Oregon *
HELD: The Controlled Substances Act does not allow the Attorney General to prohibit doctors from prescribing federally regulated drugs for use in physician-assisted suicide under state law permitting prescriptions of lethal drug overdoses upon the...
Mr. Marty's Muddle: A Superficial and Selective Case for Euthanasia in Europe
32 J. MED. ETHICS 29 (Jan. 2006). In April 2004 the Parliamentary Assembly of the Council of Europe debated a report from its Social, Health and Family Affairs Committee (the Marty Report), which questioned the Council of Europe's opposition to...
Oral Argument in Gonzales V. Oregon *
Proceedings CHIEF JUSTICE ROBERTS: The Court will now hear argument in Gonzales v. Oregon. General Clement. Oral Argument of Paul D. Clement On Behalf of Petitioners GENERAL CLEMENT: Thank you, Mr. Chief Justice, and may it please the Court:...
Organ Donation without Brain Death?
HASTINGS CENTER REP., Nov.-Dec. 2005, at 3. Winston Chiong joins the long list of scholars who have argued that the current justifications for whole brain death are incoherent. But Chiong recommends "brain death without definitions" at a solution....
Preface
The featured article in this edition of Issues in Law & Medicine is by emeritus professor Kenneth R. Stevens, Jr., M.D. He provides a review and evaluation of medical and public literature regarding the reported emotional and psychological effects...
Recognizing Death While Affirming Life: Can End of Life Reform Uphold a Disabled Person's Interest in Continued Life?
HASTINGS CENTER REP., Nov./Dec. 2005, Special Report at 531. For people living with disabilities, the data on Oregon's assisted suicides provoke concerns. One can respect individual choice but worry that the Oregon data, like the case involving...
The Dissent in Richmond Medical Center V. Hicks in the Fourth Circuit Court of Appeals *
NIEMEYER, Circuit Judge, dissenting: The Commonwealth of Virginia enacted a law in 2003, making it a criminal offense to kill a "human infant who has been born alive, but who has not been completely extracted or expelled from its mother." Va. Code...
The Perilous Vegetative State
10 J. AM. PHYSICIANS & SURGEONS 35 (Summer 2005). Persistent vegetative state (PVS) is one of the most devastating diagnoses that patients and their families face. Unfortunately, misdiagnosis is all too common. Various studies report rates of...