Courts and other surrogate decisionmakers sometimes justify the decision to withhold life-sustain... more Courts and other surrogate decisionmakers sometimes justify the decision to withhold life-sustaining treatment and care from a legally incapacitated older person as an exercise of that person\u27s autonomy. Autonomy may be invoked even when the older person never issues an informed consent at the time a decision needs to be made. A consent to die may be invented by the surrogate on the older person\u27s behalf through the creation of a hologram persona and a dispositional directive. The surrogate then asserts that the older person, not the surrogate, is the autonomous decisionmaker. In this Article, Mr. Bopp and Mr. Avila argue that such an approach contradicts traditional autonomy principles that recognize: (1) that the right to choose for oneself lapses upon incapacity; and (2) that those incapacitated from choosing for themselves retain protectable interests in life-sustaining treatment and care. The authors suggest that invented consent is flawed in principle and practice, and c...
University of Pittsburgh law review. University of Pittsburgh. School of Law, 1991
THE DUE PROCESS "RIGHT TO LIFE" IN CRUZAN AND ITS IMPAC... more THE DUE PROCESS "RIGHT TO LIFE" IN CRUZAN AND ITS IMPACT ON "RIGHT-TO-DIE" LAW James Bopp, Jr.* Daniel Avila** The United States Supreme Court recognized in Cruzan v. Direc-tor, Missouri Dep't of Health1 that "the [Fourteenth Amendment] Due Process ...
834 UNIVERSITY OF DETROIT MERCY LAW REVIEW [Vol. 72:833 he has been declared legally incompetent ... more 834 UNIVERSITY OF DETROIT MERCY LAW REVIEW [Vol. 72:833 he has been declared legally incompetent and is subject to a guardian-ship, he is aware of his surroundings and exhibits some interactive capabilities. Mr. Martin's relatives fought a three-and-a-half year battle in ...
Catholic teaching as found in Vatican II's Gaudium et spes, Pope Paul VI's Humana... more Catholic teaching as found in Vatican II's Gaudium et spes, Pope Paul VI's Humanae vitae, and Pope John Paul II's 'theology of the body" provides the theological basis for why infertile older couples joining man and woman qualify for marriage while same-sex couples do not. It is the the capacity to join in the conjugal act, with its theological significance, that makes the distinction coherent and just.
This article covers developments occurring from the beginning of October 1991 to the end of Septe... more This article covers developments occurring from the beginning of October 1991 to the end of September 1992. During this period, the federal government considered the issues of health care rationing, the medical rights of residents in long-term care facilities, and advance directives. The federal courts decided cases involving section 504 and its application to medical treatment decisions, the due process rights of persons needing medical care, and the liberty to accept or refuse medical treatment. The states continued to consider legislation on advance directives and surrogate decision making. Numerous state courts heard cases involving such issues as the removal of life-sustaining treatment from never-competent persons, the definitions of living human being and personhood with respect to individuals with substantial disabilities, and the legalization of lethal injections and assisted suicide.
LEXISNEXIS SUMMARY: ... So it is with the Sirens' lure of invented consent. ... An automatic... more LEXISNEXIS SUMMARY: ... So it is with the Sirens' lure of invented consent. ... An automatic transfer of decisionmaking authority from the patient to the surrogate, whereby informed consent is sought from the surrogate, has important implications regarding patient autonomy as ...
Catholic teaching as found in Vatican II's Gaudium et spes, Pope Paul VI's Humanae vitae, and Pop... more Catholic teaching as found in Vatican II's Gaudium et spes, Pope Paul VI's Humanae vitae, and Pope John Paul II's 'theology of the body" provides the theological basis for why infertile older couples joining man and woman qualify for marriage while same-sex couples do not. It is the the capacity to join in the conjugal act, with its theological significance, that makes the distinction coherent and just.
114 Issues in Law & Medicine, Volume 16, Number 2, 2000 one else can rely on the owne... more 114 Issues in Law & Medicine, Volume 16, Number 2, 2000 one else can rely on the owner's transfer to claim the property at issue. While the owner may effectively deny herself the fruits of ownership by declining to exercise her privileges, she is powerless to vest those ...
Federal legislation requires that health care facilities receiving Medicaid payments must provide... more Federal legislation requires that health care facilities receiving Medicaid payments must provide their patients upon admission with information on advance directives. The Department of Justice has issued regulations implementing the Americans with Disabilities Act. Oregon is seeking federal approval of a plan to ration health care for Medicaid recipients. A federal court of appeals is reviewing whether section 504 of the Rehabilitation Act applies to infants with disabilities in need of medical care. In cases involving refusal of life-sustaining treatment, state courts continue to grapple with who is the appropriate decisionmaker and what limitations apply to protect incompetent persons. The number of states that have enacted "living will" and durable power of attorney laws has increased.
Courts and other surrogate decisionmakers sometimes justify the decision to withhold life-sustain... more Courts and other surrogate decisionmakers sometimes justify the decision to withhold life-sustaining treatment and care from a legally incapacitated older person as an exercise of that person\u27s autonomy. Autonomy may be invoked even when the older person never issues an informed consent at the time a decision needs to be made. A consent to die may be invented by the surrogate on the older person\u27s behalf through the creation of a hologram persona and a dispositional directive. The surrogate then asserts that the older person, not the surrogate, is the autonomous decisionmaker. In this Article, Mr. Bopp and Mr. Avila argue that such an approach contradicts traditional autonomy principles that recognize: (1) that the right to choose for oneself lapses upon incapacity; and (2) that those incapacitated from choosing for themselves retain protectable interests in life-sustaining treatment and care. The authors suggest that invented consent is flawed in principle and practice, and c...
University of Pittsburgh law review. University of Pittsburgh. School of Law, 1991
THE DUE PROCESS "RIGHT TO LIFE" IN CRUZAN AND ITS IMPAC... more THE DUE PROCESS "RIGHT TO LIFE" IN CRUZAN AND ITS IMPACT ON "RIGHT-TO-DIE" LAW James Bopp, Jr.* Daniel Avila** The United States Supreme Court recognized in Cruzan v. Direc-tor, Missouri Dep't of Health1 that "the [Fourteenth Amendment] Due Process ...
834 UNIVERSITY OF DETROIT MERCY LAW REVIEW [Vol. 72:833 he has been declared legally incompetent ... more 834 UNIVERSITY OF DETROIT MERCY LAW REVIEW [Vol. 72:833 he has been declared legally incompetent and is subject to a guardian-ship, he is aware of his surroundings and exhibits some interactive capabilities. Mr. Martin's relatives fought a three-and-a-half year battle in ...
Catholic teaching as found in Vatican II's Gaudium et spes, Pope Paul VI's Humana... more Catholic teaching as found in Vatican II's Gaudium et spes, Pope Paul VI's Humanae vitae, and Pope John Paul II's 'theology of the body" provides the theological basis for why infertile older couples joining man and woman qualify for marriage while same-sex couples do not. It is the the capacity to join in the conjugal act, with its theological significance, that makes the distinction coherent and just.
This article covers developments occurring from the beginning of October 1991 to the end of Septe... more This article covers developments occurring from the beginning of October 1991 to the end of September 1992. During this period, the federal government considered the issues of health care rationing, the medical rights of residents in long-term care facilities, and advance directives. The federal courts decided cases involving section 504 and its application to medical treatment decisions, the due process rights of persons needing medical care, and the liberty to accept or refuse medical treatment. The states continued to consider legislation on advance directives and surrogate decision making. Numerous state courts heard cases involving such issues as the removal of life-sustaining treatment from never-competent persons, the definitions of living human being and personhood with respect to individuals with substantial disabilities, and the legalization of lethal injections and assisted suicide.
LEXISNEXIS SUMMARY: ... So it is with the Sirens' lure of invented consent. ... An automatic... more LEXISNEXIS SUMMARY: ... So it is with the Sirens' lure of invented consent. ... An automatic transfer of decisionmaking authority from the patient to the surrogate, whereby informed consent is sought from the surrogate, has important implications regarding patient autonomy as ...
Catholic teaching as found in Vatican II's Gaudium et spes, Pope Paul VI's Humanae vitae, and Pop... more Catholic teaching as found in Vatican II's Gaudium et spes, Pope Paul VI's Humanae vitae, and Pope John Paul II's 'theology of the body" provides the theological basis for why infertile older couples joining man and woman qualify for marriage while same-sex couples do not. It is the the capacity to join in the conjugal act, with its theological significance, that makes the distinction coherent and just.
114 Issues in Law & Medicine, Volume 16, Number 2, 2000 one else can rely on the owne... more 114 Issues in Law & Medicine, Volume 16, Number 2, 2000 one else can rely on the owner's transfer to claim the property at issue. While the owner may effectively deny herself the fruits of ownership by declining to exercise her privileges, she is powerless to vest those ...
Federal legislation requires that health care facilities receiving Medicaid payments must provide... more Federal legislation requires that health care facilities receiving Medicaid payments must provide their patients upon admission with information on advance directives. The Department of Justice has issued regulations implementing the Americans with Disabilities Act. Oregon is seeking federal approval of a plan to ration health care for Medicaid recipients. A federal court of appeals is reviewing whether section 504 of the Rehabilitation Act applies to infants with disabilities in need of medical care. In cases involving refusal of life-sustaining treatment, state courts continue to grapple with who is the appropriate decisionmaker and what limitations apply to protect incompetent persons. The number of states that have enacted "living will" and durable power of attorney laws has increased.
Marriage As A Conjugal Reality ~ From the Frontlines to the Sublime: Why Man & Woman?, 2018
Marriage as a Conjugal Reality is a resource for those called to promote and defend the Catholic ... more Marriage as a Conjugal Reality is a resource for those called to promote and defend the Catholic understanding of marriage as the joining of one man and one woman.
The first section recounts the Marriage Battle of Massachusetts (1997-2007) from the author's frontline perspective. The story of the heroic witness of those Catholics and their allies is told to inspire and encourage future witnesses. The second section offers a theological reflection on why sexual difference matters to marriage as the means for understanding who God is, who we are, and what is the nature of the bond of love that exists between God and humanity.
That bond of divine love is conjugal because by it God has become one flesh with us--and thus the conjugal, one-flesh union of man and woman, joined as husband and wife, is uniquely capable of reflecting and making present this supernatural reality. Removing sexual difference from the definition of marriage eliminates marriage's capacity to be the principle sign of the intimacy that God desires with each one of us. Recognizing marriage as a conjugal reality is thus central to conveying the entirety of the Good News of Christianity.
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The first section recounts the Marriage Battle of Massachusetts (1997-2007) from the author's frontline perspective. The story of the heroic witness of those Catholics and their allies is told to inspire and encourage future witnesses. The second section offers a theological reflection on why sexual difference matters to marriage as the means for understanding who God is, who we are, and what is the nature of the bond of love that exists between God and humanity.
That bond of divine love is conjugal because by it God has become one flesh with us--and thus the conjugal, one-flesh union of man and woman, joined as husband and wife, is uniquely capable of reflecting and making present this supernatural reality. Removing sexual difference from the definition of marriage eliminates marriage's capacity to be the principle sign of the intimacy that God desires with each one of us. Recognizing marriage as a conjugal reality is thus central to conveying the entirety of the Good News of Christianity.