POLI 206H final
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tropicanasun141 on December 12, 2011
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96 terms
Terms | Definitions |
|---|---|
 **Loving v. Virginia | *1967 *African/Indian Mildred Loving married white Richard Perry Loving in DC *VA had Racial Integrity Act - no interracial marriage *arrested for violation of sect. 20-58 (no marriage out of state then returning to VA) & sect. 20-59 (miscegnation is a felony) *USSPC ruled the act violated Due Process & Eqaul Protection of 14th amd. *other cases to support: Hirabayashi (unequal treatment based on race isn't ok), Korematsu (scrutinize classes), McLaughlin (no cohabitation laws prohibiting interracials from living together). *no dissent *Mildred said in 2007 that marriage is right to all |
| **Lawrence v. TX | *2003 *Lawrence & Gardner arrested in Lawrence's apartment for consensual anal sex (police called for "noise disturbance") *arrested for breaking anti-sodomy law that only focused on homos *USSPC ruled the anti-sodomy statute violated the right of privacy/iberty given in due process of 14th amd. *Bowers overturned (had said homosexual discrimination is a historical tradition) *O'Connor concurred, using Equal Protection, not due process, as the reasons *dissents by Scalia/Rehnquist-slippery slope, court is following homosexual agenda, other privacy crimes punished- & Thomas-no privacy in Const. |
| **DOMA | *Federal Defense Marriage Act *1996 *2 provisions: 1) states don't have to recognize same-sex marriage from other states, 2) marriage/spouses only deals with opposite sex couples |
| **Baker v. State | *1999 *3 same-sex couples in VT denied marriage license *VT SPC - VT can't deny the same benefits of marriage to same-sex couples that opposite-sex couples get *Common Benefits Clause of VT Const. (Article 7) *look at group excluded, gvt. purpose, if it's legit *gvt. reasons to further connection b/w child-rearing & procreation not supported here - opposite-sex couples may not/cannot have kids. *VT also passed laws to allow gays to adopt kids *plain meaning of "marriage" = union of 1 man & 1 woman *Principle of Inclusion = no gvt. favoritism *1982 State v. Ludlow Supermarkets = must use stringent reasonableness inquiry *a VT argument: allowing same-sex to marry would make moms/dads seem superfluous in child-rearing *conclusion: gays can marry *Watson v. City of Memphis - dealt with desegregation |
| Hirabayashi v. US | *1943 *different treatment b/c of racial differences isn't ok *supports Loving |
| Korematsu v. US | *1944 *Equal Protection Clause demands racial classifications be subjected to rigid scrutiny *supports Loving |
| McLaughlin v. Florida | *1964 *no cohabitation laws against gays *supports Loving |
| Skinner v. State of Oklahoma | *marriage is a basic civil right *supports Loving |
| Bowers v. Hardwick | *homosexual sodomy is traditionally & historically condemned *overturned w/ Lawrence |
| Romer v. Evans | *struck down class-based legislation directed at homos *supports Lawrence |
| Griswold v. CT | *invalidated a state law banning contraception b/c of privacy right *supports Lawrence |
| Eisenstadt v. Baird | *invalidated state law banning distribution of contraceptives to unmarried people b/c of privacy right *supports Lawrence |
| Planned Parenthood of SE PA v. Casey | *obligation to define liberty for all *supports Lawrence & Goodridge |
| State v. Ludlow Supermarkets, Inc. | *established Article 7 would require a more stringent reasonableness inquiry *supports Baker |
| Watson v. City of Memphis | *1963 *dealt with desegregation *not supportive of Baker - racism & gay-exclusion aren't related |
| **current gay marriage laws | *2000-civil unions allowed in VT *Sept. 1, 2009 - gay marriage ok in VT *currently VT & CT are the only states that have constitutional protections for gays to get the same benefits as married opposite sex couples *Mass. allows marriage in name & practice b/w gays *Hawaii 1998-adopted const. amd. not allowing gay marriage *CA 2008-adopted const amd. not allowing gay marriage |
| **Goodridge vs. Department of Public Health | *2003 *Massachusetts *7 same-sex couples denied marriage licenses *Mass. marriage statute-uses plain definition of "marriage," so no gay marriage allowed *? of equality, liberty, due process in MA Constitution *MA Superior Court: gay marriage is ok *reasons: fundamental right, no 2nd-class citizens, due process, =P *arguments for the ban: procreation, good child rearing, save $ *argument for-Loving dealt w/ interracial, similar to this case. *3 dissents, all different reasons...but all agreed it is the Legislature's, not the Court's, power to redefine marriage. *1 dissent-wait till further consensus on gay marriage *redefined civil marriage as voluntary union b/w 2 persons as spouses |
| **what Americans think about gay marriage | *2010 poll *49% - gays have right to marry *51% - gays don't have right to marry *60% under 50 - gay marriage is protected *38% over 50 - gay marriage is protected *56% democrats, 57% independents - gay marriage is protected *25% republicans - gay marriage is protected *SHOULD gays have right to marry: 52% yes, 46% no |
| **Cruzan v. Director, Missouri Dpt. of Health | *1990 *Nancy Cruzan in persistive vegetative state due to car accident *parents wanted feeding/hydration tubes removed *trial court ruled in favor of parents *Missouri Supreme Court ruled against - no clear & convincing evidence, Nancy has fundamental right of liberty to refuse death *court was thinking of people who wouldn't have loving parents like Nancy did *court upheld evidentiary requirements (re Jobes, Stanosky) *Dissent: (Brennan, Marshall, Blackmun) - die with dignity, Nancy said wishes to die earlier, she still has fundamental right, liberty interest *most of hospital staff wanted her kept alive *Bill cole = lawyer *Missouri Supreme Court--tube CANNOT be removed *US SPC -- tube CAN be removed - right to refuse medical treatment, need clear & convincing evidence still *her tubes WERE removed, died after 4 days *dad hanged himself *mom refused cancer treatment *nieces formed foundation |
| re Jobes | *woman in persistie vegetative state in NJ *allowed to have tubes removed even though she didn't express desire to *supports Cruzan |
| NC Right to Die (basic overview) | *In NC, you have the right to refuse medical treatment w/ Living Will & Healthcare power of Attorney *your decision is not binding & can be communicated in any way *suicide is NOT choosing to refuse life-support equipment *insurance companies & doctors can't discriminate against you b/c you haven't specified what you want *doctors w/ a moral issue can still give you life support even if you don't want it |
| NC Right to Die (order of people) | *debilitating condition, confirmed by a 2nd doctor, kept alive with machines, no living will 1) health care power of attorney (if minor, parent) 2) someone your HCPOA appoints 3)spouse 4) majority decision reached by parents/kids (at least 18) 5) majority of siblings (at least 18) 6) good friend 7) doctor giving you care |
| how do you know you're dead? | *brain dead = lose total brain function, never get it back |
| Living Will | *what you want to happen to you when you can't make decisions for yourself *starts when you can't communicate decisions & a combo of 1) bad stuff that can't be undone, 2) never wake up, 3) dementia (you get to choose what kicks off the will) *decide to have life-prolonging treatment withheld or decided by doctors *can ask to have feeding/water tubes *give or limit power of healthcare power of attorney to override what you say in the will *can revoke it at any time by any communicatoin |
| Healthcare Power of Attorney | *you choose someone to make decisions for you *used if you lack understanding/ability to communicate your desires *who can make one: over 18, has understanding/ability to communicate desires *who can be a HPOA: anyone over 18, competent *choose what to do w/ body *can revoke it by talking w/ agent or health care provider *can insert special provisions |
| adult | over 18 |
| attending physician | has primary responsibility for the care of the patient's terminal disease |
| consulting physician | qulaified to make a diagnosis/prognosis |
| counseling | consultation b/w patient & psychologist/psychiatrist to see if the person doesn't have a mental disorder/depression |
| health care provider | licensed by law to administer health care |
| incapable | lacks abilitly to make & communicate health care decisions |
| informed decisions | by a qualified patient to request prescription to end his life. fully informed of: diagnosis, prognosis, alteranative, risks, effects |
| medically confirmed | the medical opinion of attending physician has been confirmed by a consulting physician |
| patient | person under care of a physician |
| physician | doctor of medicien licensed to practice by the state |
| qualified patient | capable adult, resident of Oregon |
| terminal disease | incurable, irreversible. will cause death in 6 mos. |
| Oregon: who can initiate written request for medicine to die? | *adult *capable *resident of Oregon *terminally ill *voluntarily expressed wish to die |
| Oregon: form of the written request to die with dignity? | *signed/dated by at least 2 witnesses *witnesses must believe the patient is capable, acting voluntarily, not forced to sign *1 witness must not be a relative, entitled to get part of estate, owner/employee of health care facility *if patient is in long term care facility, 1 itness must be someone designated by the facility |
| Oregon: Attending Physician responsibilities? | *make the initial determination if the patient is terminal/capable/voluntarily *inform the patient of everything *refer to consulting physician *refer to counseling *request patient notify family *tell patient he can rescind request whenever *verify informed decision right before writing prescription *documentation *make sure steps are taken |
| Oregon: consulting physician confirmation? | *confirm what the attending physician has determined |
| oregon: counseling referral? | *if the patient seems to be suffering from a psychological disorder, he is referred to a counselor |
| Oregon; informed decision/ | *must make informed decision before you get prescription |
| Oregon; family notification? | *patient is asked to, but not required to, tell family |
| Oregon: written & oral requests? | *must make written AND oral request to attending physician *no less than 15 days later make oral request again |
| Oregon: right to rescind request? | *patient can rescind request whenver/however |
| Oregon: waiting periods? | *15 days must pass b/w initial oral request & writing of prescription *48 hours must pass b/w written request & writing of prescription |
| Oregon: medical record documentation requirements? | *all oral/written requests *diagnosis/prognosis by attending physician & consulting physician's agreement *counseling record, if done *offer to patient to rescind *note by attending physician saying all requirements met *notation of medicine prescribed |
| Oregon: public reporting requirements? | *info won't be a public record *but Health Divison will make a public annual statistical report of the info collected |
| Oregon: effect on construction of wills, contracts, & statutes? | *you CANNOT put whether a preson makes or rescinds a request for the medication in a contract, will, or statute |
| Oregon: insurance or annuity policies? | *you can't change anything about insurance b/c someone makes or rescinds a request |
| Oregon: construction of the act/ | *nothing in the act allows a physician to end a life by lethal injection, mercy killing, or active euthanasia *actions in this act aren't suicide, assisted suicide, mercy killing, or homicide |
| Oregon: immunities? | *can't be subject to criminal or civil liability for participating or not participating in it *no health care provider is required to participate |
| oregon: liabilities | *Class A felony if you kill the patient without their consent or encourage them to take the med |
| Oregon: form of the request (specific) | *say you're of sound mind, disease you have, you're fully informed, you want meds to end your life *initial whether you told your fam *sign that you know you can rescind request, you know you'll die, it's voluntary *witnesses must sign & attest to the above |
| **Washington v. Glucksberg | *1997 *3 terminally ill patients, 4 physicians, non-profit *said ban against physicians-assisted suicide was unconstitutional (Due Process) *lots of reversings *eventually to US SPC: ruled the ban was CONSTITUTIONAL *reasons: not a fundamental liberty, gvt interest to preserve human life, history against suicide (so it's not a fundamental right), Federal Assisted Suicide Funding Act 1997 (no funds to be used to assist suicide), not part of a physician's job as healer *no dissent *Planned Parenthood v. Casey - liberty for all |
| buzzword Washington | assisted suicide |
| buzzword Loving | interracial marriage |
| buzzword Lawrence | gay sodomy |
| buzzword Baker | VT gay marriage |
| buzzword Goodridge | Mass. gay marriage |
| buzzword Cruzan | artificial life support |
| buzzword Vacco | assisted suicide |
| **Vacco v. Quill | *law against assisted suicide was challenged as discriminatory against patients who were terminally ill (argument was that people who are on life support can ask to have it removed) *holding: the ban does NOT discriminate and it is constitutional *reasons: assisted suicide is different from withdrawing life support b/c of purposes. NO ONE can have assisted suicide. doesn't violate equal protection |
| buzzword Baxter | protected PAS |
| **Baxter | *2010 *Montana Supreme Court said physicians were protected from prosecution if they did a PAS *didn't rule on the constitutionality -- left it open to legislature -- so it's more open to change *very divided on the issue *2 states with PAS = Washington & Oregon *dissenting: a law that the court said protected physicians was looked into too much, given too much breadth |
| palliative or terminal sedation | medicines that cause breathing & heart rate to slow down, making it impossible for the patient to eat/drink - can hasten death |
| double effect | Thomas Aquinas -- if a bad outcome is the foreseen consequence, it's ok if it has good intention (dying peacefully through sedation) |
| Oltzik | *2009 *Leo Oltzik -- 88, dementia, congestive heart failure, kidney isues *palliative/terminal sedation - given meds to slow breathing, heart rate..hastens death (done to make him comfy) *double effect *put in hospital, given IV, morphine - calmed him *American Academy of Hospice & Palliative Medicine endorced palliative sedation *American Medical Association supports palliative sedation as long as it's not for emotional reasons *US SPC rejects PAS but opened door to palliative sedation *Oltzik died |
| Sperm donations Up | *2009 article *increased in sperm donations during recession *people do it for money or altruism *requirements: 19-39, good health, live nearby, 5'10"+, 4-year university/degree, interview, family history, sement/blood tests *but less people need sperms due to improving science *most couples who use the banks are gay *fewer vials are sent out today *freeze sperm of people in risky careers *largest/oldest bank = California Cyro *NYC Cyros |
| low sperm donations in Britain | *2008 article *law passed in 2005 that took away the anonymity of donors = fewer donors *so people go to Belgium or Spain or get imports from Scandinavia *solution: create regional centers that accommodate men more *inadvertent consanguinity: half-siblings by same father. prevented by having only 10 pregnancies per donor *sperm sharing - fertile men share sperm with women *but hospitals are still getting sperm b/c those donors know it's bad for kids not to know their father |
| egg market & SAT scores | *2010 article *wealthy people are buying smarter babies *consumer eugenics *Prof. Aaron Levine: women likely to give birth to smarter kids get paid more *$8-10,000 cap on amount women can get paid suggested...probs not gonna work |
| eggs from a dying woman | *2010 article *Scotland *family requested eggs be harvested from 36-year old woman with embolism *husband said she wanted kids, but no outisde source could verify that *sperm has been extracted from dying man, but never eggs before *procedure deemed too risky, so not done |
| Lawsuit urges payment for bone marrow donors | *2010 article *70% of bone marrow transplants rely on volunteer donors *lawsuit in CA - too many people dying that don't have a match *US Att. Gen Eric Holder sued *bone marrow is different from kidneys - it grows back *national Organ Transplant Act - bans buying donor organs *suggest donors get money for scholarship, etc. *blacks don't donate as much as whites *1000 Americans die every year b/c don't have match |
| States with same-sex marriage | CNNVIM: Connecticut, New York, New Hampshire, Vermont, Iowa, Massachusetts |
| States with civil unions | HINDR: Hawaii, Illinois, New Jersey, Delaware, Rhode Island |
| countries w/ same-sex marriage | CSNAPSBIN Canada, Spain, Netherlands, Argentina, Portugal, South Africa, Belgium, Iceland, Norway |
| Perry vs. Schwarzenegger | *Prop 8 - bans gay marriage *couples married before Prop 8 allowed to stay together |
| Skinner vs. Oklahoma | *procreation & marriage are fundamental rights *if something is NOT a fundamental right, the state only has to have RATIONAL interest *if something IS a fundamental right, state has to have COMPELLING interest |
| standards of proof | **civil cases: preponderance of evidence. 51% evidence. more likely than not **criminal case: beyond a reasonable doubt. 96% of evidence. **clear and convincing: rare, civil standard 80-85% evidence. |
| punishment types | *rehabilitation: make you a better person *restraint/isolation: can't commit crimes against the community. Death penalty *retribution: punishment must fit the crime *deterrence: stop others from committing the crime (only works for people that have something to lose) |
| what cannot be deterrence crimes? | *NOT crimes of passion *professional criminals CAN'T be deterred |
| death | *no heart beat *brain dead |
| futility statutes | doctor's decision can override a spouse's or parent's decision, also health care power of attorney |
| is HCPOA or living will preferable? | HCPOA - covers broader types of situations/decisions |
| body things you can sell/give away | *blood - donate or sell *sperm - sell to banks *bone marrow - typed, matched |
| organ trafficking | *selling organs is illegal *you can donate legally |
| TDH guy | *tall, dark, handsome guy *50/60 kids from him |
| Tania in Costa Rica | *girl had disease that would cost $160,000/yr *gvt. ended up paying for it |
| Chinese organ transplation | *more than 1 million people need transplants each year *Chinese have benefitted from kidney/liver transplants *no ethical system in place *organs come from executed prisoners *shortage in China but people still come |
| pair of kidney transplants set to change 4 lives | *cascade kidney operations *altruistic donor gives kdiney to Sue Gommer *3000 people waiting in NC *domino transplants |
| organ transplant doctors in China | *3 doctors arrested for illegal organ transplant operations *2007 - china banned organ transplant from living donors other than relatives/spouses *black market for organs *voluntary organ donation after death is allowed (trial program) |
| 1 sperm donor, 150 offspring | *Cynthia Daily created online group to bring together half-siblings *unique ID numbers for the father *genes for rare diseases, accidental incest |
| criticism about sperm donors | *critics say fertility clinics are making huge profit by selling sperm of popular donors *families should have more info on health of donors *legal limits should be set for how many can be conceived *Deborah Spar - says there aren't enough rules about sperm donating *US doesn't have limit to # of kids that sperm can conceive..suggested 25 births for every 800,000 population *lack of records of kids born *Ms. Kramer started donorsiblingregistry.com for half siblings to find each other *Ms. Kramer thinks sperm banks treat families unethically |
| 1st in vitro baby | Louise Brown |
| Warnock Report | *committee headed by Mary Warnock in Britain *recommended limit of 10 kids/donor |
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