...A NEW BIRTH OF FREEDOM?: OBERGEFELL V. HODGES Kenji Yoshino The decision in Obergefell v. Hodges1 achieved canonical status even as Justice Kennedy read the result from the bench. A bare majority held that the Fourteenth Amendment required every state to perform and to recognize marriages between individuals of the same sex.2 The majority opinion ended with these ringing words about the plaintiffs: “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”3 While Obergefell’s most immediate effect was to legalize same-sex marriage across the land, its long-term impact could extend far beyond this context. To see this point, consider how much more narrowly the opinion could have been written. It could have invoked the equal protection and due process guarantees without specifying a formal level of review, and then observed that none of the state justifications survived even a deferential form of scrutiny. The Court had adopted this strategy in prior gay rights cases.4 Instead, the Court issued a sweeping statement that could be compared to Loving v. Virginia,5 the 1967 case that invalidated bans on in––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law. I gratefully acknowledge receiving financial support from...
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...United Church of Christ: The Church affirms individual freedom and responsibility. It has not asserted that hastened dying is the Christian position, but the right to choose is a legitimate Christian decision. Mainline and Liberal Christian denominations: Pro-choice statements have been made by the United Church of Christ, and the Methodist Church on the US West coast. The 'Episcopalian (Anglican) Unitarian, Methodist, Presbyterian and Quaker movements are amongst the most liberal, allowing at least individual decision making in cases of active euthanasia The BBC wrote in an Aug. 3, 2009 online article titled "Religion & Ethics - Christianity: Euthanasia - the Christian View" on www.bbc.co.uk: "Christians are mostly against euthanasia. The arguments are usually based on the beliefs that life is given by God, and that human beings are made in God's image. Some churches also emphasise the importance of not interfering with the natural process of death... Christians believe that the intrinsic dignity and value of human lives means that the value of each human life is identical. They don't think that human dignity and value are measured by mobility, intelligence, or any achievements in life. Valuing human beings as equal just because they are human beings has clear implications for thinking about euthanasia: • patients in a persistent vegetative state, although seriously damaged, remain living human beings, and so their intrinsic value remains the same as anyone...
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... quality, and services for millions of Americans with health and behavioral health needs. Social workers practice as part of health caretailing the factors necessitating health care reform in the United States. Second, it analyzes whether a constitutionally protected right to make personal health care decisions exists under the Fifth and Fourteenth Amendments' Due Process Clauses. Finally, the article analyzes the susceptibility of government-sponsored health care-specifically proposals which include a public option-to due process challenges and makes suggestions to avoid any potential fundamental rights violations. [PUBLICATION ABSTRACT] quirement to purchase health insurance. It also examines some recent Canadian constitutional law cases to anticipate possible future legal challenges to health care reform in the United States. INTRODUCTION The question of the reform of the American system of financing health care has, of course, recently been a central focus of debate in American politics. Because the author of this paper is something of a "political junkie" and keeping current on this issue seemed a desirable part of being a law professor at the current moment, I decided to investigate and examine what legal issues have been involved in the health care reform debate. To a fair degree, what I discovered was that the health care issue is primarily focused on politics, ethics, and economics, rather than on legal issues. But a variety of legal issues have surfaced in...
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...Cambridge University Press 0521804167 - Euthanasia, Ethics and Public Policy: An Argument Against Legalisation John Keown Frontmatter More information EUTHANASIA, ETHICS AND PUBLIC POLICY An Argument against Legalisation Whether the law should permit voluntary euthanasia or physicianassisted suicide is one of the most vital questions facing all modern societies. Internationally, the main obstacle to legalisation has proved to be the objection that, even if they were morally acceptable in certain hard cases, voluntary euthanasia and physician-assisted suicide could not be effectively controlled; society would slide down a slippery slope to the killing of patients who did not make a free and informed request, or for whom palliative care would have offered an alternative. How cogent is this objection? This book provides the general reader (who need have no expertise in philosophy, law or medicine) with a lucid introduction to this central question in the debate, not least by reviewing the Dutch euthanasia experience. It will interest readers in any country, whether for or against legalisation, who wish to ensure that their opinions are better informed. john keown is Senior Lecturer in the Law and Ethics of Medicine, Faculty of Law, University of Cambridge. His previous publications include Abortion, Doctors and the Law (1988) and Euthanasia Examined (1995). © Cambridge University Press www.cambridge.org Cambridge University Press 0521804167 - Euthanasia, Ethics and...
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...J Indian Acad Forensic Med. April-June 2012, Vol. 34, No. 2 ISSN 0971-0973 Review Research Paper Euthanasia Revisited: The Aruna Shanbaug Verdict *Arsalaan. F. Rashid, **Balbir Kaur, ***O.P. Aggarwal Abstract Euthanasia and its procedure have long history of locking horns as a vexed issue with laws of countries across the world. Every human being of adult years and sound mind has a right to determine what shall be done with his/her own body. It is unlawful to administer treatment to an adult who is conscious and of sound mind, without his consent. In patients with Permanently Vegetative State (PVS) and no hope of improvement, the distinction between refusing life saving medical treatment (passive euthanasia) and giving lethal medication is logical, rational, and well established. It is ultimately for the Court to decide, as parens patriae, as to what is in the best interest of the patient. An erroneous decision not to terminate results in maintenance of the status quo; the possibility of subsequent developments such as advancements in medical science, the discovery of new evidence regarding the patient’s intent, changes in the law, or simply the unexpected death of the patient despite the administration of lifesustaining treatment, at least create the potential that a wrong decision will eventually be corrected or its impact mitigated. Key Words: Consent, Permanent Vegetative State, Passive Euthanasia, Parens patriae Introduction: Euthanasia is the intentional premature...
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...violent crime and wants to end their life on their due to medical sufferance, the government chooses not to intervene on behalf of the person unless to punish the act in its entirety (Avila, 2000). Individuals Right to End Own Life Quality of Life According to Longmore (2005) the courts, the media, and different onlookers neglected to distinguish or disregarded the prejudicial components of open strategy, human services conveyance, and social administrations that make the lives of some individuals with handicaps terrible; specifically, by denying satisfactory financing for free living, by neglecting to offer fitting mental assessment and intercession, and by ignoring the points of view of inability rights development pioneers in these cases and on these issues. A quadriplegic patient in Detroit, Michigan injured while surfing thus breaking his neck and ultimately rendering the patient to a quadriplegic state dreamed of getting married, having a successful career, and raising a family. During this time, this patient applied for personal support to aid in the process of housekeeping and other daily essential task such as bathing, eating and getting dressed. This patient at that time received $300 a month, which is only $10 a day, and averages to a mere 41 cents an hour. Unable to work...
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...Jack Kevorkian’s life and the effects of his life’s work on the United States. Murphy speaks of Dr. Kevorkian taking the lives of over 130 people, mostly suffering terminal and debilitating illnesses like Alzheimer’s and Lou Gehrig’s disease. He states that Kevorkian began his career as a graduate of the University of Michigan medical school and was entranced by the use of death row inmates to test and study drugs, procedures, and learn more about the process of dying in the 1950s. He highlights that the doctor’s intentions laid with the better medical use of vodies before and after death. He reviews the more famous of legal precedents Vacco v. Quill 1997 and Washington v. Glucksberg 1997. He notes a comment from the doctor’s lawyer stating that after imprisonment for his actions he had some regret for taking a failing approach at bringing this method into public awareness. Murphy takes almost a condemning tone towards Jack Kevorkian. Though many look at his actions as just unethical and illegal I believe that there are some benefits to his life’s work. The one aspect to this article that I think Murphy annotated very well is the lasting impact that Kevorkian’s work had on the...
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...PHYSICIAN-ASSISTED SUICIDE: LEGALITY AND MORALITY Wednesday - May 8th, 2002 By Martin Levin, 107 Irving Street, Cambridge, MA 02138 (617)-497-6828 mlevin@levinlaw.com On Sunday, June 21, 1992, Jennifer Cowart, age thirty-two, and her brother George Kowalski, age twenty-eight, traveled to Pensacola Beach, Florida, for a day of relaxation. At the end of the day, Jennifer and George were heading back to their vehicle when Jennifer noticed a go-kart track. The two entered the track, bought tickets, and began riding. Within one minute, Jennifer’s go-kart bumped into one of the side guardrails, flipped on its side, and burst into flames. Jennifer was seat-belted in the go-kart and could not get out. George tried to run into the fire to save his sister, but the flames were too intense. Bystanders attempted to use a fire extinguisher, but it did little to lessen the inferno. Jennifer was trapped in the burning go-kart for two minutes when her seat-belt finally burned through and she fell to the ground. George grabbed his sister and pulled her away from the fire. Jennifer was alive. She was lying on the asphalt alert, oriented, and coherent. She had suffered 3rd and 4th degree burns covering ninety-five percent of her body. She was suffering the worst pain imaginable. At the scene, Jennifer begged the rescue personnel to “let me die.” Instead, Jennifer was flown to a burn center in Mobile, Alabama, where she remained for one year until she was overcome by an infection...
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...Legalizing Euthanasia: A Practical Approach Theressa Thacker RN Excelsior College Abstract We are all in the process of dying from the day we are born. The prevalence of catastrophic diseases that once killed swiftly such as pneumonia, cholera, and massive heart attacks, have been replaced by chronic and, often, degenerative diseases such as advanced cancers, diabetes, lung disease, and Alzheimer’s, leading to a slow death for most (Gardner, 2012). This places a great financial burden on the Medicare system as well as patient’s families. Atul Gawande (2010) reports that twenty five percent of all Medicare spending is for the five percent of patients who are in their final year of life, and most of that money goes for care in their last couple of months, which is of little apparent benefit (p. 3). Even more concerning is the suffering that many patients are forced to endure due to the lack of other options. Patients must have the right to make autonomous decisions regarding the end of their lives. They need to be confident that those decisions will be upheld, even if they conflict with the wishes of their families or physicians. However, patient confidence in knowing that their final wishes will be met is complicated by a lack of education and empowerment for those who face these difficult decisions (Frank & Anselmi, 2011). The purpose of this essay is to discuss the benefits to patient autonomy and the Medicare budget, by the legalization of physician-assisted...
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...THE LAW ON ASSISTED SUICIDE On July 26, 1997, the U.S. Supreme Court unanimously upheld decisions in New York and Washington state that criminalized assisted suicide. These decisions overturned rulings in the 2nd and 9th Circuit Courts of Appeal which struck down state statutes banning physician-assisted suicide. Those courts had found that the statutes, which prohibited doctors from prescribing lethal medication to competent, terminally ill adults, violated the 14th Amendment. In striking the appellate decisions, the U.S. Supreme Court found that there was no constitutional "right to die," but left it to individual states to enact legislation permitting or prohibiting physician-assisted suicide. (The full text of these decisions, plus reports and commentary, can be found at the Washinton Post web site.) As of April 1999, physician-assisted suicide is illegal in all but a handful of states. Over thirty states have enacted statutes prohibiting assisted suicide, and of those that do not have statutes, a number of them arguably prohibit it through common law. In Michigan, Jack Kevorkian was initially charged with violating the state statute, in addition to first-degree murder and delivering a controlled substance without a license. The assisted suicide charge was dropped, however, and he was eventually convicted of second degree murder and delivering a controlled substance without a license. Only one state, Oregon, has legalized assisted suicide. The Oregon statute...
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...Knowledge Area Module VI Contemporary Issues and the Ethical Delivery of Health Services Student: Harold Taitt, harold.taitt@waldenu.edu Student ID # A00293212 Program: Ph.D. Health Services Specialization: Health Management and Policy Faculty Mentor: Dr. Robert Hoye, robert.hoye@waldenu.edu Faculty Assessor: Dr. Jim Goes, jim.goes@waldenu.edu Walden University May 10, 2013 Abstract Breadth Component In this age of rapidly evolving technological advances, many of the legal and ethical issues that are challenging the delivery of health care and the health care profession are new. As we confront the legal, moral, and ethical aspects of health care, we are seldom faced with decisions that require or are resolved by simple right or wrong answers (Edge & Kreiger, 1998). In the Breadth component of KAM VI, I focus on several ethical theories and how those theories influence the way ethical issues and concerns are addressed and managed in the allocation and delivery of health care services. I critically assess and evaluate those theories, concepts, and derivative principles as they impact important decisions and the implications of those decisions within the context of social change and with special emphasis on health care management and policy. In addition, I discuss the key assumptions on which the selected theories are constructed, compare and contrast the writers’ interpretations across theories, and conclude by providing a critical commentary on the merits of the selected...
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...EUTHANASIA: The intentional killing by act or omission of a dependent human being for his alleged benefit. (If death is not intended, it is not an act of euthanasia) ARGUMENTS FOR EUTHANASIA: It provides away to relieve extreme pain It provides a way of relief when a person’s quality of life is low Frees up medical funds to help people It is another case of freedom of choice ARGUMENTS AGAINST EUTHANASIA: Euthanasia devalues human life Euthanasia can become a means of health care cost containment Physicians and other medical care people should not be involved in directly causing death There is a “slippery slope” effect that has occurred where euthanasia has been first been legalized for only the terminally and later laws are changed to allow it for other people or to be done non-voluntarily. Opposition overcomes 48 point deficit to defeat assisted suicide - Ballot Question 2 in Massachusetts 1 1 0 Google BOSTON, Nov. 7, 2012 /PRNewswire/ -- In a stunning upset, the voters of Massachusetts soundly defeated Ballot Question 2 on Election Day. Dealing a significant setback to the expansion of the assisted suicide movement throughout the United States by Compassion & Choices (the organization formerly known as the Hemlock Society), a diverse coalition of disability rights organizations, medical associations, nurses' groups, community leaders and faith-based organizations united in this effort. "Tonight was a huge victory for those of us in the...
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...Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate Impact 21 XI. Purposive Discrimination 22 ...
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...Ministry of Education of the Republic of Moldova State Pedagogical University “Ion Creangă” Foreign Languages and Literature Faculty English Philology Department DIPLOMA PAPER Figurative Language, Language Shaped by Imagination in Katherine Mansfield’s Short Stories Submitted by: the 4th year student Paşcaneanu Mariana Group 404 Scientific adviser: Tataru Nina Senior Lecturer Chişinău 2012 Contents INTRODUCTION 2 CHAPTER I: SHORT STORY AS A FORM OF FICTION 5 I.1.Common Characteristics of a Short Story as a Form of Fiction. Its Plot and Structure. 5 I.2. Figurative Language. Definition. Function. 9 I.3. Imagery – Language that Appeals to the Senses 11 I.3.1. Simile, Metaphor and Personification. 13 1.3.2. Symbol and Symbolism. 26 I.3.3 Allegory. 30 CHAPTER II: LANGUAGE SHAPED BY IMAGINATION IN K. MANSFIELD’S SHORT STORIES 36 II.1. Figurative Language, Symbolism and Theme in "Her First Ball": 37 II.2. Katherine Mansfield – Techniques and Effects in A Cup of Tea. 41 II.3. Literary Colloquial Style in “Miss Brill” by K. Mansfield. 49 II.3.1. Lexical features—Vague Words and Expressions 49 II.3.2 Syntactical and Morphological Features 52 II.3.3 Phonological Schemes of the Figures of Speech 55 II.4. Simplifying Figurative Language in K.Mansfield’s Short Stories 60 CONCLUSION 64 BIBLIOGRAPHY 66 APPENDIX 70 INTRODUCTION Figurative Language is the use of words that...
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...thomas a . meyer How Great companies Get Started in terrible times Innovate! Innovate! How Great Companies Get Started in Terrible Times THOMAS A. MEYER John Wiley & Sons, Inc. Copyright © 2010 by Thomas A. Meyer. All rights reserved. Published by John Wiley & Sons, Inc., Hoboken, New Jersey. Published simultaneously in Canada. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, (978) 750-8400, fax (978) 646-8600, or on the web at www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, (201) 748-6011, fax (201) 748-6008, or online at http://www.wiley.com/go/permissions. Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose...
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