Steven D Smith
Steven D Smith
Ten years down the road, what is the enduring significance of the "assisted suicide" cases, Washington v. Glucksberg and Vacco v. Quill? The cases reflect an unusually earnest, but nonetheless unsuccessful, attempt by the Supreme Court to g...
Due process traditionalism [0.03%]
程序主义的传统
Cass R Sunstein
Cass R Sunstein
In important cases, the Supreme Court has limited the scope of "substantive due process" by reference to tradition, but it has yet to explain why it has done so. Due process traditionalism might be defended in several distinctive ways. The ...
Steven G Calabresi
Steven G Calabresi
This Article begins in Part I with a doctrinal evaluation of the status of Washington v. Glucksberg ten years after that decision was handed down. Discussion begins with consideration of the Roberts Court's recent decision in Gonzales v. Ca...
Erwin Chemerinsky
Erwin Chemerinsky
Properly focused, there were two questions before the Supreme Court in Washington v. Glucksberg. First, in light of all of the other non-textual rights protected by the Supreme Court under the "liberty" of the Due Process Clause, is the rig...
Scrutiny Land: Scrutiny Land is the place where government needs to justify to a court its restrictions on the liberties of the people [0.03%]
审查地带:政府需要向法院证明其对人民自由的限制是合理的地区被称为“审查地带”
Randy E Barnett
Randy E Barnett
Scrutiny Land is the place where government needs to justify to a court its restrictions on the liberties of the people. In the 1930s, the Supreme Court began limiting access to Scrutiny Land. While the New Deal Court merely shifted the bur...
Foreword: can Glucksberg survive Lawrence? Another look at the end of life and personal autonomy [0.03%]
序言:Glucksberg在Lawrence案之后能否生存下来?再谈生命终结和个人自主权的问题
Yale Kamisar
Yale Kamisar
In Washington v. Glucksberg, the Court declined to find a right to physician-assisted suicide ("PAS") in the Constitution. Not a single Justice dissented. One would expect such a ruling to be quite secure. But Lawrence v. Texas, holding tha...
Patients as consumers: courts, contracts, and the new medical marketplace [0.03%]
患者与消费者:法庭、合同与新的医疗市场
Mark A Hall,Carl E Schneider
Mark A Hall
The persistent riddle of health-care policy is how to control the costs while improving the quality of care. The riddle's once promising answer--managed care--has been politically ravaged, and consumerist solutions are now winning favor. Th...
Jill Elaine Hasday
Jill Elaine Hasday
Norman L Cantor
Norman L Cantor
Safe, but not sound: limiting safe harbor immunity for health and disability insurers and self-insured employers under the Americans with Disabilities Act [0.03%]
Rachel Schneller Ziegler
Rachel Schneller Ziegler