The rule in Terri's case: an essay on the public death of Theresa Marie Schiavo.

نویسنده

  • Jay Wolfson
چکیده

The Rule in Terri’s Case speaks as much to the substance of the law as it does to the political climate that surrounds it—and does so more expressly, indeed, more openly and notoriously than is often the case in United States jurisprudence. The undercurrent of profound enmity that existed between the husband of a severely brain damaged woman and her parents and siblings combined with political and spiritual timeliness to create a perfect storm for the most volatile and litigated end-oflife case in United States history. Make no mistake about it: the Theresa Marie Schiavo case was about right-to-life and abortion as much as it was about privacy, autonomy, death with dignity, and the rights of family members. Here is the cheat sheet formula for the Rule in Terri’s Case:

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Dynamic complementarity: Terri's law and separation of powers principles in the end-of-life context.

II. BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 A. Ms. Schiavo’s Illness and Incapacity . . . . . . . . . . . . . . . . . . 56 B. Medical Malpractice Suit . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 C. The Litigation: Regarding the Guardianship of Theresa Marie Schiavo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...

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Karen Ann Quinlan and Theresa Marie Schiavo are names tied to legal controversies over the withdrawal of medical treatment at the end of life. In re Quinlan1 arose at a time when the rules for decisionmaking for incompetent patients were still unformed and inchoate. It set the framework of analysis for most of the subsequent development in the field. Schiavo,2 on the other hand, arose over a di...

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عنوان ژورنال:
  • Stetson law review

دوره 35 1  شماره 

صفحات  -

تاریخ انتشار 2005