Pub. Date:
Greenhaven Publishing
Medical Rights

Medical Rights

by Sylvia Engdahl


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Medical Rights

Contentious issues such as the death penalty, civil liberties, and reproductive rights touch on people's deeply held beliefs. Greenhaven Press's Issues on Trial series captures the passion and depth of those debates, examining how the courts have helped to shape each issue through their rulings. Each volume focuses on a specific issue and includes primary sources like the text of court rulings and dissenting opinions, as well as secondary sources such as analyses and views of the rulings. Offering both historical and contemporary material, each Issues on Trial volume offers a wealth of information on issues currently confronting society.

Product Details

ISBN-13: 9780737741797
Publisher: Greenhaven Publishing
Publication date: 11/07/2008
Series: Issues on Trial Series
Pages: 176
Product dimensions: 6.00(w) x 9.00(h) x (d)
Age Range: 15 - 17 Years

Table of Contents

Foreword 11

Introduction 14

Chapter 1 Denying Adults the Right to Refuse to Comply with Public Health Laws

Case Overview: Henning Jacobson v. Commonwealth of Massachusetts (1905) 19

1 The Court's Decision: Public Health Considerations Outweigh the Right to Personal Liberty John Marshall Harlan 21

2 The Court Failed to Give Due Consideration to the Risks of Vaccination Stan Lippmann 32

3 Jacobson Set the Standards Under Which Public Health Laws Are Constitutionally Permissible Lawrence O. Gostin 40

4 The Basis for Balancing Between Public Health Needs and Constitutional Liberties Has Changed Since Jacobson Wendy K. Mariner George J. Annas Leonard H. Glantz 46

5 The Jacobson Ruling Would Not Permit Compulsory Smallpox Vaccination as a Defense Against Bioterrorism Andrew B. Zoltan 57

Chapter 2 Affirming the Right of Competent Adults to Refuse Medical Treatment

Case Overview: Cruzan, by Her Parents and Co-Guardians v. Director, Missouri Department of Health (1990) 66

1 The Court's Decision: Evidence of an Incompetent Patient's Wishes May Be Required for Termination of Life-Sustaining Treatment William Rehnquist 68

2 Concurring Opinion: Preventing Suicide by Force Has Always Been Legal Antonin Scalia 78

3 Dissenting Opinion: The Right to Reject Medical Intervention Should Not Be Lost if a Person Becomes Incompetent William J. Brennan 85

4 The Rights of the State Should Not Have Prevailed Over Those of the Patient George J. Annas 96

5 The Supreme Court Set a Legal Precedent for the Right to Refuse Medical Treatment S. Elizabeth Wilborn Malloy 104

Chapter 3 Establishing the Right of Mentally Ill Defendants to Refuse Medication

CaseOverview: Charles Thomas Sell v. United States (2003) 111

1 The Court's Decision: Mentally Ill Defendants Cannot Be Medicated Against Their Will Solely to Enable Them to Stand Trial Stephen Breyer 113

2 Dissenting Opinion: The Sell Ruling Will Allow Criminal Defendants to Disrupt Trials Already in Progress Antonin Scalia 122

3 The Sell Ruling Did Not Go Far Enough in Protecting the Constitutional Liberty of Mentally Ill Defendants John R. Hayes 125

4 The Sell Ruling Will Result in Major Changes in How Involuntary Medication of Mentally Ill Defendants Is Handled Brett Trowbridge 133

5 The Sell Ruling Will Have Little Effect Because Defendants Can Still Be Forcibly Medicated if Called Dangerous Kelly Hilgers Paula Ramer 140

Chapter 4 Denying the Right of Terminally Ill Persons to Use Experimental Drugs

Case Overview: Abigail Alliance for Better Access to Developmental Drugs v. Andrew von Eschenbach (2007) 149

1 The Circuit Court's Decision: Terminally Ill Patients Do Not Have a Constitutional Right to Use Unapproved Drugs Thomas B. Griffith 151

2 Dissenting Opinion: Liberty to Use Potentially Lifesaving Medications Is Required by the Constitutionally Protected Right to Life Judith Ann Wilson Rogers 163

3 Allowing Terminally Ill Patients to Use Unproven Drugs Would Hinder the Clinical Trial Process Ralph W. Moss 173

4 Giving Terminally Ill Patients Access to Unapproved Drugs Would Lead to Marketing of Harmful Ones Shira Bender Lauren Flicker Rosamond Rhodes 177

5 The Constitution Was Written to Protect Liberty, Not Federal Regulatory Schemes Roger Pilon 183

Organizations to Contact 189

For Further Research 193

Index 199

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