This website uses cookies to ensure you have the best experience. Learn more

Law In Action Essay

1809 words - 7 pages

Along with the American right to live with certain inalienable freedoms, citizens of Oregon have had the opportunity to exercise their state-given “right to die” for the previous 17 years. In response to citizen initiative, the State of Oregon passed the Death With Dignity Act (DWDA) in 1994 to allow terminally ill patients the access to a lethal dose of doctor-prescribed medication. Oregon is one of only two U.S. states with “Death With Dignity” legislation, and it has vigorously protected this act from criticism and attempted legal invalidation for years (Office of Disease Prevention and Epidemiology, n.d.). Despite vehement opposition and regular ethical questioning, DWDA has successfully allowed hundreds of gravely ill Oregon citizens to safely control the circumstances of their death. With improvements to its system of collecting patient data, its mental health evaluation requirements, and its level of doctor accountability, the law could provide this service in an even more efficient and responsible way.
From its official enactment in 1997, DWDA has aimed to provide qualified, terminally ill Oregon patients the opportunity to end their lives through the use of a doctor-prescribed, self-administered, lethal prescription (The Oregon Death With Dignity Act, 1994). A patient wishing to receive the prescription must be 18 years of age, a resident of Oregon, mentally competent, and diagnosed with a fatal disease that will likely lead to death within six months, and the patient must pass through a multitude of safeguards. First, a patient must make two oral requests for the medication to his or her physician 15 days apart, followed by a signed written request. Then two separate doctors evaluate the individual’s cognitive capability and can send him or her to a mental health specialist if either feels the patient suffers from depression or some other mental impairment. After the physician reminds the patient of alternate end-of-life options, such as hospice care or pain control, and advises them to inform their family of their decision to end their life, the individual receives the lethal prescription from his or her doctor. An individual may withdraw his or her request at any point during the process (Office of Disease Prevention and Epidemiology, n.d.). Naturally, a law of this complexity and ethical sensitivity ignited a lively national debate over its implications and execution.
One of the act's most determined opponents, Attorney General Ashcroft, attempted to delegitimize the act in 2001 through the "General's Interpretive Rule of 21 C.F.R. § 1306.04 (1971), which prohibited the prescribing of drugs for use in physician assisted suicide as violating the Controlled Substances Act (CSA)" (“Gonzales v. Oregon,” 2006). Ashcroft argued that writing prescriptions for doctor-assisted suicide did not fall within the CSA’s requirement for prescriptions to be written for "legitimate medical purposes". The Supreme Court affirmed that, "Dispensing...

Find Another Essay On Law in Action

This well cited paper explains the UNiversity of Michigan's law case along with background on affirmatice action history. It also includes amicus brief implications and uses in the decisions

1602 words - 6 pages Affirmed DiscriminationThe phrase affirmative action was first used by John F. Kennedy in the context of racial discrimination in 1961, however the phrase today conveys a different message then in 1961. The reason for this difference, lies in the courts. Over the past several decades the Supreme Court in particular has altered the phrase, affirmative action, through its rulings. The most famous up until recently was the 1978 Regents of the

Civil Rights Law and Affirmative Action

1173 words - 5 pages they can meet their affirmative action policy. In some states around the country, preferencing is banned but some universities still secretly use it. California law schools have began admitting below-average minority students (Bellin 3). Universities , like California, have been trying to bend the law just so they could posses more diversity. Other states such as Michigan have been doing the same thing as California. “If the schools wished to

Should Affirmative Action Be Rescinded From Law?

799 words - 3 pages In the mid 1950’s Dr. Martin Luther King started a crusade to gain equal rights for his race. Over several years he was able to convince President Kennedy to pass legislation on discrimination. Since then there has been a great debate on whether affirmative action should be rescinded from our laws. In 1964 the Civil Rights Act made discrimination illegal. Two authors, Ward Connerly and Paul Kivel, have taken different stands on this issue for

Liability Causes of Action against Law Enforcement Personnel, Supervisors, and Agencies

1850 words - 7 pages forecasting combined with continuous training; we can bolster and mitigate the agencies defense against liability. In essence, we need to be offensive thinkers in order to build a strong defense. This process should be continuous as our policies and procedures are living documents and customs. Recent studies show the most troubling legal problems facing law enforcement agencies today is the impact of criminal and civil liability. The amount of

"A Civil Action", by Jonathan Harr and it's effects on civil law

1765 words - 7 pages A CIVIL ACTIONThe legal system is an essential element in the successful operation of this country. It is a system that is utilized every day, by every type of person, from the average blue-collar worker to the average Wall Street broker. There is a multitude of ways that the legal system is put to use. One such way is the class action lawsuit. A Civil Action, by Jonathan Harr, uses the account of a single case, Anne Anderson, et al., v. W.R

The Pros and Cons of Affirmative Action

827 words - 3 pages minorities are giving the same opportunities as white males. In “Two Views of the River: A Critique of Liberal Defense of Affirmative Action,” an incident that took place at the University of California, Berkley School of Law is used to prove that affirmative action is needed. Historically, Berkley School of Law admitted on average one African American into their freshman class. However after affirmative action was enforced, the school started to

Affirmative Action History

1049 words - 4 pages interactions with Title VII requirements of Equal Employment Opportunity. Several factors that will be addressed will be: what employers are subject to affirmative action plans and why, what the plans require employers to do, and what happens if employers do not meet the goals of the affirmative action plan.Bennett-Alexander and Hartman describe Affirmative Action in their book Employment Law, as the "intentional inclusion of women and minorities

Morality in the Government

1216 words - 5 pages “The government is best which governs least.” This is Henry David Thoreau’s motto which points out the importance of men having the will to take action in right time, to break law, and to be an extremist which enable the least government to be existed. However, ironically, Martin Luther King Jr. once imprisoned for being untimelyness, willing to break law, being an extremist when he takes non-violent resistance against racism. Through their

Question of Ethics

913 words - 4 pages judicial preferences. In some cases judges are not satisfied with the outcome of a case. For example, some judges may not want to allow a landlord to evict a family with small children in the middle of winter, even if the law allows such action when rent is overdue. However, positivism requires judges to decide cases in agreement with the law. Positivists believe that the integrity of the law is maintained through a neutral and unbiased judiciary that

Should Affirmative Action be allowed in medical schools?

1131 words - 5 pages acceptance of college students.Affirmative action has turned out to be contentious. Proposition 209, in California, which prohibits all programs concerning race and sex preferences run by the state, has been voted for but it will not be put into total action caused by some questions of constitutionality. The law will initiate gradually first, ending affirmative action in the schools of California, leading up to the elimination of affirmative action

The Rule of Law

714 words - 3 pages prescriptive, characteristics it shares with convents of the constitution. Dicey in his studies gave three meanings for the rule of law to be considered as part of the constitution order of the UK. Primarily Dicey insisted on the predomination of ordinary law in that no man could be punished or lawfully interfered with by the authorities except for breach of law. In other words all government action must be authorised by

Similar Essays

Law In Action Essay

1206 words - 5 pages The right to be trialled by a jury, just like the right to vote, is an inseparable part of our democracy. o Trial by jury is a safeguard against oppressive state conduct in the application of law. There are a few alternatives to the jury system in criminal trials; the government can abolish unanimous verdicts, enforce judge only trials or abolish jury’s completely. Many countries have already moved on from the past-time of juries and have

Developments In The Law Surrounding An Action For Breach Of Confidence

2869 words - 11 pages Developments in the Law Surrounding an Action for Breach of Confidence In this essay I will argue that the developments in the law surrounding an action for breach of confidence have not drawn an equitable and acceptable balance between the privacy of, and free expression about, public figures due to the evolutionary nature of common law. Furthermore, due to the unwillingness of the judiciary to address an independent

Affirmative Action: Michigan´S Law That Bans Use Of Racial Criteria In Admissions To Public Universities

1374 words - 6 pages The Supreme Court’s recent ruling to uphold a Michigan’s law that bans use of racial criteria in admissions to their public universities brought back national attention to affirmative action. It dates back to the civil rights movement of the 1950-60s, a mass protest against historically racial and minorities inequalities and racial segregation. The Supreme Court’s May 17th 1954 ruling that segregation in schools is unconstitutional in case of

Take The Book 'a Civil Action' By Jonathan Harr And Outline This Case. Discuss The Problem Of People Whose Health Is Affected By Toxic Industrial Pollution In Obtaining Compensation Under Civil Law

2643 words - 11 pages that the leukemia was a direct result of drinking contaminated water from two city wells. The children fell ill between 1969 and 1979 with the wells finally being shut down in 1979.The case, labeled an 'orphan', had been passed between many law firms and it was Anne Anderson, mother of Jimmy Anderson who had died from leukemia, who contacted Schlichtmann and his colleagues about undertaking the case. Schlichtmann sat on the case for many years