Coming to Terms with Death: The Cruzan Case
Henry J. Bourguignon
University of Toledo College of Law
Susan R. Martyn
University of Toledo - College of Law
Hastings Law Journal, Vol. 42, 1991
The Supreme Court's decision in Cruzan incorrectly allowed the state of Missouri to intervene in Nancy Cruzan's family's surrogate decision to end life supports. The Court should have held that family members, when they remain close and caring, should be presumed to be the designated decision makers.
Number of Pages in PDF File: 43
Keywords: Cruzan, State Interests, Competent Patients, Incompetent Patients, Surrogate Decision Makers, Quality of Life, Slippery Slope, Harlan, Family Relationships, FederalismAccepted Paper Series
Date posted: July 10, 2008 ; Last revised: May 11, 2012
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