While the American legal system has played an important role in shaping the field of bioethics, Law and Bioethics is the first book on the subject designed to be accessible to readers with little or no legal background. Detailing how the legal analysis of an issue in bioethics often differs from the "ethical" analysis, the book covers such topics as abortion, surrogacy, cloning, informed consent, malpractice, refusal of care, and organ transplantation.
Structured like a legal casebook, Law and Bioethics includes the text of almost all the landmark cases that have shaped bioethics. Jerry Menikoff offers commentary on each of these cases, as well as a lucid introduction to the U.S. legal system, explaining federalism and underlying common law concepts. Students and professionals in medicine and public health, as well as specialists in bioethics, will find the book a valuable resource.
Table of Contents
PART I THE AMERICAN CONSTITUTIONAL STRUCTURE
1. Federalism and Bioethics
PART II REPRODUCTION
2. The Right to Privacy
Introduction
The Meaning of "Due Process"
Griswold v. Connecticut
Notes and Questions
The Meaning of "Equal Protection"
Eisenstadt v. Baird
Notes and Questions
3. The Past and Present of Sterilization
Introduction
Buck v. Bell
Notes and Questions
Skinner v. Oklahoma
Notes and Questions
Conservatorship of Valerie N.
Notes and Questions
4. The Right to Abortion
Introduction
Roe v. Wade
Notes and Questions
Planned Parenthood of Southeastern Pennsylvania v. Casey
Notes and Questions
Stenberg v. Carhart
Notes and Questions
5. The Brave New World of Reproduction
Introduction
In re Baby M
Notes and Questions
Gestational Surrogacy
Johnson v. Calvert
Notes and Questions
Parenthood and the United States Constitution
Michael H. v. Gerald D.
Notes and Questions
Cloning
The Current and Future Legal Status of Cloning
Notes and Questions
6. Beyond Abortion: The Interests of Women and Fetuses
Introduction
In re A.C.
Notes and Questions
Whitner v. State
Notes and Questions
PART III DOCTORS, PATIENTS, AND STANDARDS OF CARE
7. The Doctor-Patient Relationship
Introduction
Hurley v. Eddingfield
Notes and Questions
The Law of Torts: From Battery to Informed Consent
Canterbury v. Spence
Notes and Questions
Helling v. Carey
Notes and Questions
Confidentiality
Tarasoff v. Regents of the University of California
Notes and Questions
8. The Outer Limits of Informed Consent
Introduction
Johnson v. Kokemoor
Notes and Questions
The Conflicted World of Managed Care
Hedrich v. Pegram
Notes and Questions
9. Beyond "Standard Care": Alternative Medicine, Experimentation, and Research
Introduction
In re Guess
Notes and Questions
Experimentation and Research
Stewart v. Cleveland Clinic Foundation
Notes and Questions
Adams v. Blue Cross/Blue Shield of Maryland, Inc.
Notes and Questions
PART IV END-OF-LIFE DECISIONS
10. The Right to Refuse Care
Introduction
In re Quinlan
Notes and Questions
Bouvia v. Superior Court
Notes and Questions
Making Decisions for Incompetent Patients
Advance Directives
Beyond Advance Directives
Illinois Health Care Surrogate Act
Notes and Questions
Lane v. Candura
Notes and Questions
In re Conroy
Notes and Questions
11. The Constitution and the Right to Die
Introduction
Cruzan v. Director, Missouri Department of Health
Notes and Questions
Physician-Assisted Suicide
Washington v. Glucksburg
Notes and Questions
Vacco v. Quill
Notes and Questions
Oregon Death with Dignity Act
Notes and Questions
12. "Futile" Medical Care
Introduction
In re Wanglie
Notes and Questions
Causey v. St. Francis Medical Center
Notes and Questions
In re Baby K
Notes and Questions
PART V NEW TECHNOLOGIES
13. The "Uniqueness" of Genetics
Introduction
Katskee v. Blue Cross/Blue Shield of Nebraska
Notes and Questions
Safer v. Pack
Notes and Questions
Foundation on Economic Trends v. Heckler
National Institutes of Health: Recombinant DNA Research
Notes and Questions
14. The Ownership of Life
Introduction
Moore v. Regents of the University of California
Notes and Questions
Davis v. Davis
Notes and Questions
Hecht v. Superior Court
PART VI DEATH AND TRANSPLANTATION
15. The Definition of Death
Introduction
In re Bowman
Notes and Questions
In re T.A.C.P.
Notes and Questions
The Heart-Lung Criteria for Death: Everything Old is New Again
Notes and Questions
16. Organ Transplantation
Introduction
McFall v. Shimp
Notes and Questions
Strunk v. Strunk
Notes and Questions
State v. Powell
Notes and Questions
Wilson v. Adkins
Notes and Questions
Allocating Organs
Organ Procurement and Transplantation Network
Notes and Questions
Glossary
Table of Cases
Index
Reviews
"The overall excellence of the multitudinous questions . . . is a cardinal strength of the book. . . . This illuminating volume potentially inculcates many lessons of considerable scholarly value to the serious student of law and bioethics."—JAMA (Journal of the American Medical Association)
"Menikoff presents the basic law relevant to bioethics in a way that is accessible but not simplistic."—Bioethics and Law
"A welcome addition to the world of college textbooks and a valuable resource for anyone concerned with the critical life and death issues of our day. . . . This thoughtful book encourages students and all other forunate readers to face these issues with intelligence and compassion."—Bioethics Forum
"It’s all here—the most important legal cases in bioethics accompanied by lucid commentary. . . . Menikoff has organized the materials in a manner than makes abundantly clear how the law and bioethics have developed. I cannot think of a better introduction to the topic."—Peter A. Ubel, MD, University of Michigan and Ann Arbor Veterans Affairs Medical Center
"A well-written, engaging, and comprehensive casebook."—Mark Siegler, MD, Director, MacLean Center for Clinical Medical Ethics, The University of Chicago
"A comprehensive and carefully structured examination of bioethics and of the law’s response . . . will inspire virtually every reader to think again about the issues at stake in the contemporary bioethical debate."—Janet Dolgin, Hofstra University
Awards
Chosen as a 2002 Outstanding Title for Public and Secondary School Libraries by the American Association of School Librarians
About the Author
Jerry Menikoff is an assistant professor of law, ethics, and medicine at the University of Kansas.
