Jan 18: Law as Power/Objectives of Law - What is Substantive Due Process/Case Briefing - Assisted Suicide and Eugenics

Due Assn 1:  See Assignments page

• Schubert Chapter 1:
• Skim pp 1-14. Review materials on Case Reading (Video Software Dealers Assn v. Schwartenegger p. 15-21;
• Substantive Due Process pp 22-32
• Washington v. Glucksburg 521 US 702 (1997) (or text 25).
• Cruzan v. Director, Missouri Dept of Health, 110 S.Ct. 2841 (1990) here or  http://web.utk.edu/~scheb/decisions/cruzan.html)  
• Buck v. Bell, 274 US 200 (1927) 
• Buck v. Bell,  274 US 200 (1927) (FYI - for more information on this case see the Eugenics Archive exhibits on the case here
•  
• Brian Clark, “Whose Life is it Anyway” pp. 194-223 (available on reserve readings section)

Jan 18:  Additional case questions for class discussion (Do not turn in)

1)  Doctors examining Nancy Cruzan concluded that she was in a persistent vegetative state, had no awareness of her environment, and had no hope of EVER having awareness of her environment.  What reason is there to doubt that any person in Nancy's circumstances would want--if they were capable of even wanting--feeding to be continued? Was there any evidence at all suggesting Nancy would want to continue to "live"?
2.  In what sense could Nancy Cruzan even be considered a "person"?  What are the essential attributes of a person?

3.  If there was a right to assisted suicide, as the 9th Circuit found, why should the right be limited to terminally ill and competent adults?  Why would persons in great pain, or who are severely depressed, also have such a right?
4.  Does the distinction between passive euthanasia (withdrawl of feeding tubes, for example) and active euthanasia (administration of lethal drugs, for example) make sense to you?
5.  What state interests supporting laws against physician-assisted suicide do you think are the strongest?

Jan 20 What is Law For?

Read:

• Schubert Text Chap 1,  pp 33-47 (Smith v. Idaho, 203 P2d 1221 (2009); Katko v. Briney 183 NW2d 657 (p 38) (civil liability) ; Suggs v. Norris (contracts)
• “Andrea Yates Ill or Evil?”   (Court TV) http://www.trutv.com/library/crime/notorious_murders/women/andrea_yates/index.html