Physician-assisted suicide New protocol for a rightful death

Physician-assisted suicide

New protocol for a rightful death

O'Brien

Christine Neylon

O'Brien, Christine Neylon

Dept. of Business Law, Carroll School of Management

Author

Madek

Gerald A.

Madek, Gerald A.

Author

text

article

1998 1998 monographic

1998

monographic

English eng

English

eng

electronic application/pdf digitized other analog

electronic

application/pdf

digitized other analog

An age-old dilemma plays out in the litigation surrounding physician-assisted suicide practices. It highlights the need to balance the rights of the individual with the expectations, goals, and values of society; but in a society as committed to individual autonomy as the United States, whose promise has been the right to control their own destinies, this conflict becomes central to preserving our heritage. We have attempted to negotiate between conflicting rights many times in judicial history. Such negotiations are rarely satisfactory to either side since it is a zero-sum outcome. In this history of negotiations calling for calibrating the line between individual and collective rights, nothing has been more contentious than whether there is a constitutional right to engage in physician-assisted suicide, notwithstanding the controversy over the constitutional right of privacy for women seeking abortions.

This Article reviews two appellate court decisions and the unanimous United States Supreme Court decision ruling that may prohibit physician-assisted suicide practices. The Article further explores the parameters of the effects of this ruling, and comments on future state legislation in this area, and in what circumstances the next constitutional challenge may arise.

Version of record.

Nebraska Law Review 0047-9209 77 2 229 280 pp. 229-280 1998

Nebraska Law Review

0047-9209

77 2 229 280 pp. 229-280 1998

229 280 pp. 229-280

229

280

pp. 229-280

1998

Use of this resource is governed by the terms and conditions of the Creative Commons "Attribution-Noncommercial-No Derivative Works 3.0 United States" (http://creativecommons.org/licenses/by-nc-nd/3.0/us/)

Business Law NLR-v77-OBrienMadek-p229-QC.pdf NLR-v77-OBrienMadek-etc-QC.doc

Business Law

NLR-v77-OBrienMadek-p229-QC.pdf

NLR-v77-OBrienMadek-etc-QC.doc

MChB English eng

MChB

English eng

English

eng