Abstract

http://ssrn.com/abstract=678061
 
 

Footnotes (263)



 


 



Life, Death, and Advocacy: Rules of Procedure in the Contested End-of-Life Case


Michael Patrick Allen


Stetson University - College of Law


Stetson Law Review, Vol. 34, Fall 2004

Abstract:     
The end-of-life case comes in many forms. It can involve disputes over a child's medical treatment, the care of an elderly patient, or the decision to terminate life-sustaining treatment for an adult rendered incompetent by illness or accident. In this Article, I explore the uses and abuses of various rules of procedure in contested end-of-life cases from the perspective of both judges and lawyers. Using the recent high profile case concerning Terri Schiavo, I first explore the important role procedure plays in the end-of-life case. Next, I address the ethical dangers that can arise when advocates feel compelled to misuse procedural devices. Finally, I consider procedural rules from the perspective of judges handling end-of-life disputes. I argue that judges in these highly emotional cases should resist the temptation to craft ad hoc procedural rules. Instead, judges should follow neutral, generally applicable procedural rules that apply to most civil litigation matters.

Number of Pages in PDF File: 52

JEL Classification: K19, K32, K41

Accepted Paper Series


Download This Paper

Date posted: March 23, 2005  

Suggested Citation

Allen, Michael Patrick, Life, Death, and Advocacy: Rules of Procedure in the Contested End-of-Life Case. Stetson Law Review, Vol. 34, Fall 2004. Available at SSRN: http://ssrn.com/abstract=678061

Contact Information

Michael Patrick Allen (Contact Author)
Stetson University - College of Law ( email )
1401 61st Street South
Gulfport, FL 33707
United States

Feedback to SSRN


Paper statistics
Abstract Views: 1,213
Downloads: 84
Download Rank: 176,820
Footnotes:  263

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.266 seconds