ABOUT THIS BOOK

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.

AUTHOR BIOGRAPHY

Jerry Menikoff is an assistant professor of law, ethics, and medicine at the University of Kansas.

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

"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)

TABLE OF CONTENTS

PART I THE AMERICAN CONSTITUTIONAL STRUCTURE

1. Federalism and Bioethics

PART II REPRODUCTION

2. The Right to PrivacyIntroductionThe Meaning of "Due Process"Griswold v. ConnecticutNotes and QuestionsThe Meaning of "Equal Protection"Eisenstadt v. BairdNotes and Questions

3. The Past and Present of SterilizationIntroductionBuck v. BellNotes and QuestionsSkinner v. OklahomaNotes and QuestionsConservatorship of Valerie N.Notes and Questions

4. The Right to AbortionIntroductionRoe v. WadeNotes and QuestionsPlanned Parenthood of Southeastern Pennsylvania v. CaseyNotes and QuestionsStenberg v. CarhartNotes and Questions

5. The Brave New World of ReproductionIntroductionIn re Baby MNotes and QuestionsGestational SurrogacyJohnson v. CalvertNotes and QuestionsParenthood and the United States ConstitutionMichael H. v. Gerald D.Notes and QuestionsCloningThe Current and Future Legal Status of CloningNotes and Questions

6. Beyond Abortion: The Interests of Women and FetusesIntroductionIn re A.C.Notes and QuestionsWhitner v. StateNotes and Questions

PART III DOCTORS, PATIENTS, AND STANDARDS OF CARE

7. The Doctor-Patient RelationshipIntroductionHurley v. EddingfieldNotes and QuestionsThe Law of Torts: From Battery to Informed ConsentCanterbury v. SpenceNotes and QuestionsHelling v. CareyNotes and QuestionsConfidentialityTarasoff v. Regents of the University of CaliforniaNotes and Questions

8. The Outer Limits of Informed ConsentIntroductionJohnson v. KokemoorNotes and QuestionsThe Conflicted World of Managed CareHedrich v. PegramNotes and Questions

9. Beyond "Standard Care": Alternative Medicine, Experimentation, and ResearchIntroductionIn re GuessNotes and QuestionsExperimentation and ResearchStewart v. Cleveland Clinic FoundationNotes and QuestionsAdams v. Blue Cross/Blue Shield of Maryland, Inc.Notes and Questions

PART IV END-OF-LIFE DECISIONS

10. The Right to Refuse CareIntroductionIn re QuinlanNotes and QuestionsBouvia v. Superior CourtNotes and QuestionsMaking Decisions for Incompetent PatientsAdvance DirectivesBeyond Advance DirectivesIllinois Health Care Surrogate ActNotes and QuestionsLane v. CanduraNotes and QuestionsIn re ConroyNotes and Questions

11. The Constitution and the Right to DieIntroductionCruzan v. Director, Missouri Department of HealthNotes and QuestionsPhysician-Assisted SuicideWashington v. GlucksburgNotes and QuestionsVacco v. QuillNotes and QuestionsOregon Death with Dignity ActNotes and Questions

12. "Futile" Medical CareIntroductionIn re WanglieNotes and QuestionsCausey v. St. Francis Medical CenterNotes and QuestionsIn re Baby KNotes and Questions

PART V NEW TECHNOLOGIES

13. The "Uniqueness" of GeneticsIntroductionKatskee v. Blue Cross/Blue Shield of NebraskaNotes and QuestionsSafer v. PackNotes and QuestionsFoundation on Economic Trends v. HecklerNational Institutes of Health: Recombinant DNA ResearchNotes and Questions

14. The Ownership of LifeIntroductionMoore v. Regents of the University of CaliforniaNotes and QuestionsDavis v. DavisNotes and QuestionsHecht v. Superior Court

PART VI DEATH AND TRANSPLANTATION

15. The Definition of DeathIntroductionIn re BowmanNotes and QuestionsIn re T.A.C.P.Notes and QuestionsThe Heart-Lung Criteria for Death: Everything Old is New AgainNotes and Questions

16. Organ TransplantationIntroductionMcFall v. ShimpNotes and QuestionsStrunk v. StrunkNotes and QuestionsState v. PowellNotes and QuestionsWilson v. AdkinsNotes and QuestionsAllocating OrgansOrgan Procurement and Transplantation NetworkNotes and Questions

Glossary

Table of Cases

Index