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Author Archive: Thaddeus Mason Pope

About Thaddeus Mason Pope

05/02/2015

Savannah Law Review Symposium: The Walking Dead

The Savannah Law Review is looking for papers for their September The Walking Dead, on September 18-19, 2015 symposium,

The symposium will survey academic topics about how death, and fear of death, affects the law of the living.  The Walking Dead Colloquium will provide a forum to discuss the “shadowy” legal interpolation of the dead on the living and explore both its positive and negative ramifications in an effort to strike a pluralistic balance between the law of past, present, and future.  Thematic examples include:

  • Legal recognition of the dead’s wishes affecting real property and intellectual property
  • Regulation of pandemics from yellow fever to Ebola
  • Constitutional analysis relying upon views of the dead—the Framers—versus a “living” Constitution
  • The death penalty
  • Desecration laws
  • The Right to Die Movement
  • Posthumous evidentiary privileges
  • Wrongful death and rights of survivorship
  • Regulation of corpses, organ donation, and burials
  • Stigma harms to real property inhabited by ghosts
  • Post-apocalyptic justice.

Abstracts no longer than 500 words are due by August 1, 2015.

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05/02/2015

Savannah Law Review Symposium: The Walking Dead

The Savannah Law Review is looking for papers for their September The Walking Dead, on September 18-19, 2015 symposium,

The symposium will survey academic topics about how death, and fear of death, affects the law of the living.  The Walking Dead Colloquium will provide a forum to discuss the “shadowy” legal interpolation of the dead on the living and explore both its positive and negative ramifications in an effort to strike a pluralistic balance between the law of past, present, and future.  Thematic examples include:

  • Legal recognition of the dead’s wishes affecting real property and intellectual property
  • Regulation of pandemics from yellow fever to Ebola
  • Constitutional analysis relying upon views of the dead—the Framers—versus a “living” Constitution
  • The death penalty
  • Desecration laws
  • The Right to Die Movement
  • Posthumous evidentiary privileges
  • Wrongful death and rights of survivorship
  • Regulation of corpses, organ donation, and burials
  • Stigma harms to real property inhabited by ghosts
  • Post-apocalyptic justice.

Abstracts no longer than 500 words are due by August 1, 2015.

Full Article

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05/01/2015

Making the Most of Terminal Illness (humor)

A doctor told her patient that his test results indicated that he had a rare disease and had only six months to live.

“Isn’t there anything I can do?”, pleaded the patient.

“Marry a lawyer,” the doctor advised.  “It will be the longest six months of your life.”

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05/01/2015

Health Law at AALS 2016 in NYC

Like this January in Washington, DC, the 2016 AALS annual meeting in NYC is shaping up to include quite a bit of programming related to health law.  From the preliminary schedule: Thursday, January 7, 2016 3:30 - 4:45:  Works-In-Progress fo...

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04/30/2015

Rationing – The Case of NICU and the Place of Cost-effectiveness Thresholds

Julian Savulescu will be delivering the next public lecture at the Australian Centre for Health Law Research:  "Rationing - The Case of NICU and the Place of Cost-effectiveness Thresholds" on May 18.

When health professionals are considering whether or not to provide life-sustaining treatment to a critically ill newborn infant, they often consider the best interests of the child. Frequently, they will consult with the infant’s parents, and take into account parents’ interests and their views about treatment for the child. However, there is one important ethical factor that health professionals do not necessarily consider, or (at least explicitly) acknowledge. Resource limitations and the effect of treatment of others are of fundamental importance for end of life decisions, even in well-resourced countries like Australia.

In this presentation Professor Savulescu will first set out the principles that should underlie resource allocation in a public health system. He reviews arguments for and against rationing. In the second half of the presentation Professor Savulescu will use existing cost effectiveness thresholds to shed light on the question of medical futility in intensive care. He draws on the examples of short-bowel syndrome, spinal muscular atrophy, neonatal ECMO and trisomy 18. 

  • How low a probability of survival is too low
  • How long a course of intensive care is too long? 
  • When are doctors justified in withholding treatment because of future quality of life? 

Rationing is inevitable in intensive care. However, for it to be ethical it must be transparent, consistent and rational.


Professor Julian Savulescu is the Uehiro Chair in Practical Ethics, Director of the Oxford Uehiro Centre for Practical Ethics at the Faculty of Philosophy, University of Oxford and Director of the Institute for Science and Ethics, Oxford Martin School at the University of Oxford. He is also the Director of the Oxford Centre for Neuroethics, one of three strategic centres in biomedical ethics in the UK funded by the Wellcome Trust, and was recently awarded their flagship Senior Investigator Award. He is the Sir Louis Matheson Distinguished Professor at Monash University and an Honorary Professorial Fellow at the Florey Neuroscience Institute. He is also an Adjunct Professor of the Australian Centre for Health Law Research.

Professor Savulescu holds degrees in medicine, neuroscience and bioethics, and is a leader in medical and practical ethics. He is editor of the Journal of Medical Ethics and founding editor of Journal of Practical Ethics, an open access journal in Practical Ethics. He has authored over 250 publications and has given over 120 invited international presentations.

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04/30/2015

Marsala v. Yale New Haven Hospital

The medical futility lawsuit for damages against Yale New Haven Hospital was scheduled for trial next month.  But the case is now stayed while the plaintiffs take up an appeal. The appeal concerns whether plaintiffs can pursue their IIED (intenti...

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04/29/2015

Oregon’s "Death with Dignity" Law: Implementation and Experience (webinar)

Sue Dessayer Porter, MSB '10 will present a webinar for Union - Mt. Sinai, "Oregon's 'Death with Dignity' Law: Implementation and Experience" on Wednesday, May 13 from noon-1 pm ET. 

Porter serves on the Advisory Board Leadership Council for Compassion & Choices. She has stewarded terminally ill patients through Oregon’s Death with Dignity law as a longtime volunteer and appeared in “How to Die in Oregon,” winner of the 2011 Sundance Film Festival U.S. Documentary Grand Jury Award. 

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04/28/2015

NHS Resuscitation Guidelines – Over-Inclusive?

Apparently, pursuant to new NHS guidance, "in some parts of England, practice nurses have been instructed to cold call patients and fill out an advance care plan for them over the phone."   This seems similar how some US jurisdictions deal with P...

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04/27/2015

South Carolina Addressing Decision Making for Unbefriended

This session, several states are addressing gaps in how medical treatment decisions are made for patients without surrogates (the "unbefriended").  South Carolina is proposing to add two additional categories of decision makers at the end of its d...

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04/27/2015

Over-treatment (video)

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