Bioethics and Law - Crossley
BIOETHICS & LAW – Reading assignments for first two class meetings
The book required for this course is Furrow, et al., Bioethics: Health Care Law and Ethics (7th ed. 2013), a softcover book. Alternatively, if you are also enrolled in Health Law & Policy and are purchasing Furrow, et al., Health Law: Cases, Materials and Problems (7th ed. 2013) (a larger, hardcover book) for that course, you can access most of the same content in it and thus use the same book for both classes. If you are using the hardcover Health Law casebook, please alert Professor Crossley, so that she can provide you with copies of any assigned material contained in the Bioethics book that is not also included in the Health Law book (approximately 30 pages). In addition, students using the Health Law book will receive a listing of syllabus reading assignments with page numbers keyed to that book.
In addition to the required book, reading materials will be posted or linked on the course’s TWEN site. You should register for the course on TWEN in advance of the first class meeting, as the first reading assignment will be posted there.
For our first class on Monday, August 26, at 9:00, please read and be prepared to discuss In the Matter of Karen Quinlan (NJ 1976) and an excerpt from Charity Scott, Why Law Pervades Medicine: An Essay on Ethics in Health Care, 14 Notre Dame Journal of Law, Ethics and Public Policy 245 (2000). Both of these are posted on TWEN under “Additional Reading Materials.”
In reading Quinlan, consider how the court approached making a bioethics-related decision when there was no controlling legal precedent available. Our primary emphasis in discussing the case will be on how the court came to its decision. Class discussion will focus on how the court structured its decision; what sources the court used; the relationships the court identified between (a) law and medicine, and (b) law, ethics, and morality; the court’s view of the relevance of religious beliefs; what boundaries the court drew around the appropriate role of medical ethics in legal decision making; and finally, the legal holding and rationale.
Please bring a copy of Quinlan to the first class.
For our second class on Wednesday, August 28, please read and be prepared to discuss pp. 1-26 in Bioethics. (This introductory chapter is not included in the hardcover Health Law; copies of the assigned material will be supplied to any students using that book.)