Sep 1, 2020 | Comment, Health Law and Policy, Laura Sundin
By Laura Sundin Abstract Babies born with sex characteristics that do not “fit typical binary notions of male or female” are as common as babies born with red hair. These newborns may have one of many types of internal or external abnormalities, coined “intersex”...
Sep 1, 2020 | Comment, Health Law and Policy, Morgan Mendicino
By Morgan Mendicino Abstract Gene editing technology, once a far-fetched scientific fantasy, has become a tangible reality. One emerging form of gene editing in particular, human germline genome editing, possesses revolutionary capabilities that warrant cautious...
Mar 1, 2020 | Article, Bernard L. Sussman, Health Law and Policy, Margie Hodges Shaw, Timothy E. Quill
By Margie Hodges Shaw, Timothy E. Quill, and Bernard L. Sussman Abstract BIOETHICS scholars applauded the Cruzan v. Director, Missouri Department of Health decision for encouraging the creation of “mechanisms to safeguard the interests of people who become...
Mar 1, 2020 | Article, Health Law and Policy, Thaddeus Mason Pope
By Thaddeus Mason Pope Abstract THIS special symposium issue of the SMU Law Review commemorates the thirtieth anniversary of the U.S. Supreme Court’s decision in Cruzan v. Director, Missouri Department of Health. In that famous and seminal decision, the Court...
Mar 1, 2020 | Article, David Orentlicher, Health Law and Policy
By David Orentlicher Abstract WHEN the United States Supreme Court issued its landmark “right to die” decision in Cruzan v. Director, Missouri Department of Health thirty years ago, the dissenting Justices and many observers criticized the Court for rejecting a right...
Mar 1, 2020 | Alan Meisel, Article, Health Law and Policy, Jurisprudence, Legal History
By Alan Meisel Abstract PEOPLE have been killing other people ever since Cain slew Abel. And people have been punished for killing ever since God punished Cain. Well, at least that is the biblical version. Regardless of its origins, killing another human...
Mar 1, 2020 | Article, Disability Law, Health Law and Policy, Joseph J. Fins
By Joseph J. Fins Abstract IT is more than a bit ironic that the decision in Cruzan v. Director, Missouri Department of Health hinged on the relationship of evidentiary standards and the Due Process Clause of the Fourteenth Amendment. The question before the U.S....
Mar 1, 2020 | Article, Health Law and Policy, Rebecca Susan Dresser
By Rebecca Susan Dresser Abstract THE United States Supreme Court’s decision in Cruzan v. Director, Missouri Department of Health broke important legal ground in establishing a constitutional basis for the individual’s control over life-sustaining...
Mar 1, 2020 | Article, Health Law and Policy, Janet L. Dolgin
By Janet L. Dolgin Abstract VISIONS of death and dying have shifted as society’s moral framework–including its understanding of personhood and community–has shifted. As early as the nineteenth century, in the West, *48 the vision of death and dying...
Mar 1, 2020 | Article, Health Law and Policy, Kathy L. Cerminara
By Kathy L. Cerminara Abstract THE Supreme Court in Cruzan v. Director, Missouri Department of Health effectively enshrined personal autonomy in a medical setting as a constitutionally protected liberty interest. Although the Justice O’Connor, majority opinion...
