Link to the University of Pittsburgh Homepage
Link to the University Library System Homepage Link to the Contact Us Form

Trying and Dying: Are Some Wishes at the End of LifeBetter Than Others?

Kim, OJ Trying and Dying: Are Some Wishes at the End of LifeBetter Than Others? Dalhousie Law Journal, 41 (1). 93 - 119. ISSN 0317-1663

[img]
Preview
PDF
Available under License : See the attached license file.

Download (205kB) | Preview
[img] Plain Text (licence)
Available under License : See the attached license file.

Download (1kB)

Abstract

In the United States, efforts to create a “right to try,” or to provide access for the terminally ill to try experimental drugs, have seen overwhelming success in passing state legislatures. This success provided the foundation for advocates’ long-term goal of a federal right to try. Yet proposals ranging from very modest advance-care-planning consultations to the “right to die,” or medical aid in dying, face steep political challenges despite seeming public support. This paper discusses the legal underpinnings of both “rights” and the current political and policy debate over each. More often than not, these “rights” are granted through legislation rather than judicial decisions, and the US Supreme Court has held that neither “right” can be found in the Constitution. This debate says a lot not only about politics in the United States but also our policies around autonomy at the end of life.


Share

Citation/Export:
Social Networking:
Share |

Details

Item Type: Article
Creators/Authors:
CreatorsEmailPitt UsernameORCID
Kim, OJOJKIM23@pitt.eduOJKIM23
Journal or Publication Title: Dalhousie Law Journal
Volume: 41
Number: 1
Publisher: Dalhousie University
Page Range: 93 - 119
Schools and Programs: Graduate School of Public and International Affairs > Public and International Affairs
Refereed: Yes
Uncontrolled Keywords: end of life, right to try, clinical trial, right to die
ISSN: 0317-1663
Article Type: Research Article
Date Deposited: 24 May 2019 17:41
Last Modified: 24 May 2019 17:55
URI: http://d-scholarship.pitt.edu/id/eprint/36795

Metrics

Monthly Views for the past 3 years

Plum Analytics


Actions (login required)

View Item View Item