[ULRP-ETHICS] ABSTRACTS: Ethics Law
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University Law Review Project
http://www.lawreview.org/
Ethics
AREA 14
August 6, 1999
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* ARTICLE ABSTRACTS IN THIS ISSUE *
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1. Learning From Tragedy: Representing Children in
Discretionary Transfer Hearings
Thomas F Geraghty
Wake Forest Law Review
1998, vol. 33, iss. 3
REF: ULRP9900080
Abstract is on these Lists: 9, 14, 25
2. Beyond Misguided Paternalism: Resuscitating the
Right to Refuse Medical Treatment
Elizabeth Wilborn S Malloy
Wake Forest Law Review
1998
REF: ULRP9900076
Abstract is on these Lists: 6, 14, 18
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LAW JOURNAL ARTICLE ABSTRACTS AND SUMMARIES
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1. Learning From Tragedy: Representing Children in
Discretionary Transfer Hearings
Thomas F Geraghty
Wake Forest Law Review
Wake Forest University
1998, vol. 33, iss. 3
http://www.law.wfu.edu/lawreview/V33/abstract.html#33-3-4
REF: ULRP9900080
ABSTRACT:
The authors examine the judicial transfer of
jurisdiction from juvenile to criminal court from both
theoretical and practical perspectives. Theoretically,
they argue that the ultimate inquiry all judges make
in judicial transfer hearings is a normative question:
given the seriousness of the offense and the
background of the child, should there be an effort to
rehabilitate the child? Practically, they argue that
of all of the various mechanisms of transfer, the
judicial transfer hearing is the most preferable
because its holistic, interdisciplinary approach which
examines the entire child before making any decision
provides a unique opportunity to learn from these
tragic cases and hopefully help prevent them from
reoccurring.
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2. Beyond Misguided Paternalism: Resuscitating the
Right to Refuse Medical Treatment
Elizabeth Wilborn S Malloy
Wake Forest Law Review
Wake Forest University
1998
http://www.law.wfu.edu/lawreview/V33/abstract.html#33-4-4
REF: ULRP9900076
ABSTRACT:
The author focuses on the failure of the courts to
provide a remedy for the right to refuse medical
treatment. Health care providers, for a number of
reasons, often ignore patient requests to forgo
certain life-extending medical procedures. The courts
have generally allowed medical professionals complete
discretion in deciding whether to honor patients’
requests. When patients or their estates sue health
care providers for violation of the right to refuse
treatment, courts have refused to award damages. By
failing to provide a remedy, the courts effectively
make the right a meaningless one. While acknowledging
the importance of physician autonomy, the author
argues that the courts’ one-sided approach to this
dilemma is unsound. To implement the right, the author
advocates and describes a new approach under which
courts would consider not only the special context in
which this issue generally arises but also the
important autonomy interests inherent in the right to
refuse medical treatment.
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