Constitutional Commentary articles from December 2005

Constitutional Commentary archives from December 2005

The (surprising) truth about Schiavo: a defeat for the cause of autonomy.
December 22, 2005... I. INTRODUCTION A survey of the commentary following the conclusion of the Theresa Marie Schiavo matter leaves one with the impression that the case was a victory for the cause of autonomy and the right of self-determination in the...

From Cruzan to Schiavo: similar bedfellows in fact and at law.
December 22, 2005... I. INTRODUCTION Whatever else may be said about it, Terri Schiavo's death was legal. It scrupulously complied with Florida state law. (1) Under similar facts, a similar result would occur under the laws of most (if not all) states). (2)...

Terri Schiavo a right to life denied or a right to die honored?
December 22, 2005... There is a spectrum of positions on end of life issues, and on life issues generally. However, a crucial line of division exists between those who affirm, and those who deny, that the life of each human being possesses inherent and equal worth...

Family conflict and family privacy: the constitutional violation in Terri Schiavo's death.
December 22, 2005... The public understanding of Terri Schiavo's death was refracted through the polarized politics of the abortion wars. By the time the Florida legislature intervened in her case in 2004 and the United States Congress followed suit in 2005, the...

Judging the Schiavo case.
December 22, 2005... I don't share the anti-abortion politics of the most vocal supporters of Theresa Schiavo's parents, Robert and Mary Schindler. Nor do I agree with the intemperate attacks visited on the courts following the rejection of the Schindlers' federal...

Protecting unconscious, medically-dependent persons after Wendland & Schiavo.
December 22, 2005... INTRODUCTION Thirty years ago, the case of Karen Ann Quinlan, a young woman rendered profoundly mentally disabled and incompetent, instigated an enduring national debate as it moved through the New Jersey courts. (1) The In re Quinlan...

The contagion of constitutional avoidance.
December 22, 2005... Terri Schiavo passed away on March 31, 2005. In the weeks leading up to her death, what was once a wrenching personal matter for Ms. Schiavo's family and loved ones transformed into a political and legal drama that gripped much of the nation...

Undue process: congressional referral and judicial resistance in the Schiavo controversy.
December 22, 2005... The congressional response to the Schiavo controversy was both extraordinary and feeble. It surely was exceptional in its speed and specificity. An Act for the Relief of the Parents of Theresa Marie Schiavo (1) was introduced and approved...

Schiavo and Klein.(separation of powers)
December 22, 2005... When teaching federal courts, I sometimes find that students are slow to care about legal issues that initially seem picayune, hyper-technical, and unrelated to real-world concerns. It takes hard work to engage students in discussion of United...

Congress clears its throat.(federal jurisdiction on the Schiavo case)
December 22, 2005... The Schiavo case involved many difficult issues including diagnosis, prognosis, causation, intent, procedural due process, substantive due process, and litigation strategy. This article does not address any of those complex issues, (1) but...

Killing Terri Schiavo.
December 22, 2005... Much ink and wind was expended during the tragic last few weeks of Terri Schiavo's life, debating the facts and issues surrounding her death. But it reduces to this: The State of Florida, acting through its judiciary, ordered a severely...