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DEATH AND DYING ISSUES

Death and Dying Issues
 

Library Research Guide

 

Series #4

 

Compiled by

Bobbi A. Weaver

Reference Librarian

California Western School of Law

 

Rev. July 2006

 

SCOPE:  This research guide is not all-inclusive.  It does, however, present resources available at the CWSL library and online regarding legal issues associated with death and dying.  It is designed to provide the researcher with guidance as to the location of materials dealing with this subject.  Additional research can be conducted by using the KIM system, legal periodical indexes, and other finding aids.   Access to Lexis, Westlaw, and the Internet is limited to students and faculty at CWSL.  We welcome suggestions for improvement of this and other research guides.  Please consult the Reference Librarian with suggestions and further research questions.  This research guide was originally compiled August 1998.

 

Getting Started

 

This research guide is organized into subtopics concerning death and dying issues.  Selected sources are presented in the following topic areas:

 

      Advance Directives

      Right to Die

      Assisted Suicide

      Organ Donation

 

You may want to conduct a search in the KIM system, LegalTrac, or Internet search engines using the above keywords for further resources.  The resources noted below are not all-inclusive:  there are numerous items on these controversial topics, and you may want to tailor your search to your individual research needs.   Additionally, Lexis/Nexis and Westlaw contain various primary (e.g., cases, statutes, regulations, etc.) and secondary (e.g., law review articles, newspaper articles, journal articles, etc.) resources related to health care and the law.  Lexis/Nexis, Westlaw, and Internet access are available only to CWSL students and faculty.  Consult the directories for these services (in Reference), or ask a Reference Librarian for assistance.

 

I.  ADVANCE DIRECTIVES

 

A. Print Sources

 

Cantor, Norman L. Advance directives and the pursuit of death with dignity. Bloomington : Indiana University Press, c1993.

LOCATION: 3rd Floor

CALL NO.: R726 .C34

 

Doukas, David John, and William Reichel. Planning for uncertainty : a guide to living wills and other advance directives for health care. Baltimore : Johns Hopkins University Press, c1993.

LOCATION: 4th Floor

CALL NO.: KF3827.E87 D68

 

Hackler, Chris, et al., eds. Advance directives in medicine. New York : Praeger, 1989.

LOCATION: 3rd Floor

CALL NO.: R724 .A28

 

Irving, Shae.  Medical directives and powers of attorney for California.  Berkeley, Calif. : Nolo, 2003

LOCATION: 4th Floor

CALL NO.: KFC 619.5 .R5 I78 2004

 

Krohm, Carol, et al. Advance health care directives : a handbook for professionals Chicago, Ill. : American Bar Association, Senior Lawyers Division, c2002.

LOCATION: 3rd Floor

CALL NO.: R726.2 .K76 2002

 

McLean, Sheila A.M., ed. Death, dying, and the law. Aldershot; Brookfield, USA : Dartmouth, c1996.

LOCATION: 3rd Floor

CALL NO.: KD3410.E88 D42

 

Olick, Robert S. Taking advance directives seriously : prospective autonomy and decisions near the end of life  Washington, D.C. : Georgetown University Press, c2001.

LOCATION:  4th Floor

CALL NO.:  KF3827.E87 O43 2001

Practicing the PSDA.  Briarcliff Manor, NY (255 Elm Rd., Briarcliff Manor 10510) : Hastings Center, 1991.

LOCATION: 4th Floor

CALL NO.: KF3827.E87 P72


Sass, Hans-Martin, ed.
Advance directives and surrogate decision making in health care : United States, Germany, and Japan
Baltimore : Johns Hopkins University Press, c1998.
LOCATION: 3rd Floor
CALL NO.: R726.2 .A38 1998

 

B. Video

 

American College of Trust and Estate Counsel. Annual Meeting (1997 : Rancho Mirage, Calif.) What every lawyer needs to know about medical care to write effective advance directives [videorecording]. [Santa Monica , Calif.] : ACTEC, 1997.

LOCATION: Reserve

CALL NO.: R726 .A43 1997  

 

            C.  Internet Resources

 

[NOTE: Internet site addresses change frequently.  Accordingly, some of the sites noted throughout this research guide may no longer exist under the addresses provided.  To locate changed addresses, search for the page title using an Internet search engine such as Google.com Altavista.com or HotBot.com.]

 

American Bar Association : ABA Commission on Law and Aging

http://www.abanet.org/aging/home.html

 

This website provides information about advance directives and links to publications and other information about health care decision-making.

           

California Secretary of State

http://www.ag.ca.gov/consumers/general/adv_hc_dir.htm

 

This website explains California law regarding Advance Health Care Directives, and provides links to sample forms which comply with that law.

 

California Coalition for Compassionate Care

http://www.coalitionccc.org/

 

Training and educational materials for health care providers, organizations and consumers regarding California’s Health Care Decisions Law, assessing medical decision-making capacity, and policy considerations regarding advance health care directives.

 

II.   RIGHT TO DIE

 

       A. Printed Sources

 

Berger, Arthur S. When life ends: legal overviews, medicolegal forms, and hospital policies. Westport, Conn.:  Praeger, 1995.

LOCATION: 3rd Floor

CALL NO.: R726.8 .B47

 

Filene, Peter G. In the arms of others : a cultural history of the right-to-die in America. Chicago : I.R. Dee, 1998.

LOCATION: 3rd Floor

CALL NO.: R726 .F45 1998

 

Hillyard, Daniel, et al. Dying right : the death with dignity movement.  New York : Routledge, 2001.

LOCATION: 4th Floor

CALL NO.:  KF3827.E87 H55 2001

 

Humphry, Derek, et al.  Freedom to die : people, politics, and the right-to-die movement.  New York : St. Martin's Press, c1998.

LOCATION: 3rd Floor

CALL NO.: R726 .H844 1998

 

Logue, Barbara. Last rights : death control and the elderly in America. New York : Lexington Books; Toronto:  Maxwell Macmillan; New York: Maxwell Macmillan International, c1993.

LOCATION: 3rd Floor

CALL NO.: R726 .L6

 

Meisel, Alan, et al.  The right to die : the law of end-of-life decision-making.  New York : Aspen Publishers, 2004.

LOCATION: 4th Floor

CALL NO.:  KF3827.E87 M45 2004

 

Obade, Claire CPatient care decision-making : a legal guide for providers.  Deerfield, IL : Clark Boardman Callaghan, c1991-

LOCATION: 4th Floor

CALL NO.:  KF3825 .O2

 

Olson, Ellen, et al., eds. Controversies in ethics in long-term care. New York: Springer Pub. Co., c1995.

LOCATION: 3rd Floor

CALL NO.: R726 .C66

 

Trepkowski, Michele A., ed. Hospice and hemlock: retaining dignity, integrity and self-respect in end-of-life decisions : a perspective. Eugene, Or. : Hemlock Society U.S.A., c1993.

LOCATION: 3rd Floor

CALL NO.: R726 .H67

 

Urofsky, Melvin I., and Philip E. Urofsky, series eds. The right to die: a two-volume anthology of scholarly articles.  New York : Garland Pub., 1996.

LOCATION: 4th Floor

CALL NO.: KF3827.E87 R53

 

        B. Internet Resources

 

[NOTE: Internet site addresses change frequently.  Accordingly, some of the sites noted throughout this research guide may no longer exist under the addresses provided.  To locate changed addresses, search for the page title using an Internet search engine such as Google.com., altavista.com or hotbot.com]

 

Compassion & Choices

http://www.compassionandchoices.org/

 

Compassion & Choices, the successor organization to the Hemlock Society, is a national organization which provides information, counseling, and support to terminally-ill individuals, and advocates for changes in laws regarding pain management, advance directives and in favor of physician-assisted suicide.  Its web site includes links to court cases, proposed legislation and other legal advocacy materials.

 

University of Missouri and Kansas City Law School:  Exploring Constitutional Conflicts

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/righttodie.htm

 

This site discusses several seminal Right to Die cases, and provides links to those case opinions and briefs and other materials.

 

The World Federation of Right to Die Societies

http://www.worldrtd.net/

 

The World Federation of Right to Die Societies is an international network of organizations which advocate for right-to-die principles.  Their website provides links to member organizations, legislation in countries around the world, and to sites for medical ethics organizations and organizations which oppose some or all principles of the Right to Die movement.

 

III.   ASSISTED SUICIDE

 

       A. Printed Sources

 

Battin, Margaret P. [et al.]. Dying well? : a colloquy on euthanasia & assisted suicide: articles. Briarcliff Manor, NY  (255 Elm Rd., Briarcliff Manor 10510): Hastings Center, 1992.

LOCATION: 3rd Floor

CALL NO.: R726 .D94

 

Behuniak, Susan M., et al.  Physician-assisted suicide : the anatomy of a constitutional law issue. Lanham : Rowman & Littlefield Publishers, c2003.

LOCATION: 4th Floor

CALL NO.:  KF 3827.E87 B44 2003

 

DeSimone, Cathleen. Death on demand: physician-assisted suicide in the United States: a legal research pathfinder. Buffalo, N.Y.: W.S. Hein, 1996.

LOCATION: Reference

CALL NO.: KF241.E84 D47

 

Euthanasia.  Strasbourg : Council of Europe, 2003-

LOCATION: 3rd Floor

CALL NO.:  R726 .E785 2003

 

Foley, Kathleen, et al., eds.  The case against assisted suicide : for the right to end-of-life care.  Baltimore : Johns Hopkins University Press, 2002.

LOCATION: 3rd Floor

CALL NO.:  R726 .C355 2002

Haley, Kathleen, and Melinda Lee. The Oregon Death with Dignity Act: a guidebook for health care providers.  [Portland, Ore. : Center for Ethics in Health Care, Oregon Health Sciences University, 1998].

LOCATION: 4th Floor

CALL NO.: KFO2767.R53 O73 1998

 

Hendin, Herbert. Seduced by death : doctors, patients, and the Dutch cure, 1st ed. New York: W.W. Norton & Co., c1997.

LOCATION: 3rd Floor

CALL NO.: R726 .H46

 

Humphry, Derek. Lawful exit: the limits of freedom for help in dying. Junction City, OR : Norris Lane Press, 1993.

LOCATION: 3rd Floor

CALL NO.: R726 .H85

 

Keown, John.  Euthanasia, ethics, and public policy : an argument against legislation.  Cambridge, UK ; New York, NY : Cambridge University Press, 2002.

LOCATION: 3rd Floor

CALL NO.:  R726 .K465 2002

Kevorkian, Jack. Prescription--medicide: the goodness of planned death, 1st ed. Buffalo, NY : Prometheus Books, c1991.

LOCATION: 3rd Floor

CALL NO.: R726 .K48

 

Palmer, Larry I.  Endings and beginnings : law, medicine, and society in assisted life and death.  Westport, Conn. : Praeger, 2000

LOCATION: 4th Floor

CALL NO.:  KF3827.E87 P35 2000

 

Schneider, Carl E., ed.  Law at the end of life : the Supreme Court and assisted suicide.  Ann Arbor : University of Michigan Press, c2000

LOCATION: 4th Floor

CALL NO.:  KF3827.E87 L39 2000

 

Smith, Wesley J. Forced exit : the slippery slope from assisted suicide to legalized murder, 1st ed. New York : Times Books, c1997.

LOCATION: 3rd Floor

CALL NO.: R726 .S64

 

Snyder, Lois, et al., eds.  Assisted suicide : finding common ground Bloomington : Indiana University Press, c2002.

LOCATION: 3rd Floor

CALL NO.: R726 .A855 2002

 

Somerville, Margaret.  Death talk : the case against euthanasia and physician-assisted suicide.  Montreal : McGill-Queen's University Press, c2001.

LOCATION: 3rd Floor

CALL NO.:  R726 .S65 2001

 

Urofsky, Melvin I. Lethal judgments : assisted suicide and American law.  Lawrence : University Press of Kansas, c2000.

LOCATION: 4th Floor

CALL NO.: KF3827.E87 U755 2000

 

Weir, Robert F., ed. Physician-assisted suicide. Bloomington: Indiana University Press, c1997.

LOCATION: 3rd Floor

CALL NO.: R726 .P49

 

Yount, Lisa.  Physician-assisted suicide and euthanasia New York : Facts On File, 2000.

LOCATION: 3rd Floor

CALL NO.: R726 .Y673 2000

       B. Videos

 

Michigan v. Kevorkian: the trial of Dr. Death. New York, N.Y.: Courtroom Television Network, 1995, c1994.

LOCATION: Reserve

CALL NO.: KF228.M52 M52 1994

 

United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution. Assisted suicide : House Committee. [Washington, DC]: C-SPAN; [West Lafayette, Ind.]: Purdue University Public Affairs Video Archives [distributor], [1996]

LOCATION: Reserve

CALL NO.: KF3827.E87 A87

 

          C. Internet Resources

 

[NOTE: Internet site addresses change frequently.  Accordingly, some of the sites noted throughout this research guide may no longer exist under the addresses provided.  To locate changed addresses, search for the page title using an Internet search engine such as Google.com. AltaVista.com or HotBot.com.]

 

 

Compassion & Choices

http://www.compassionandchoices.org/

 

Compassion & Choices, the successor organization to the Hemlock Society, is a national organization which provides information, counseling, and support to terminally-ill individuals, and advocates for changes in laws regarding pain management, advance directives and in favor of physician-assisted suicide.  Its web site includes links to court cases, proposed legislation and other legal advocacy materials.

 

Euthanasia World Directory

http://www.finalexit.org/

 

Compiled by the Euthanasia Research and Guidance Organization (ERGO!), organized by Derek Humphry, a founder of the Hemlock Society.  Among the resources on this page are links to information on law around the world regarding assisted-suicide and euthanasia, proposed legislation, Supreme Court cases, a bibliography of books about euthanasia, recent news, and writings by Derek Humphry.

 

Citizens United Resisting Euthanasia

http://mysite.verizon.net/cureltd/index.html

 

This organization opposes euthanasia.  Its web site provides links to articles written from this perspective.

 

IV. ORGAN DONATION

 

       A. Printed Resources

 

Annas, George J.  The rights of patients : the authoritative ACLU guide to the rights of patientsCarbondale : Southern Illinois University Press, 2004

LOCATION:  4th Floor

CALL NO.:  KF3823 .A96 2004

 

Epstein, Richard Allen. Organ transplantation : or, altruism run amuck. Chicago, Ill.: Law School, University of Chicago; Buffalo , N.Y.: Available from W.S. Hein, c1993.

LOCATION: 3rd Floor

CALL NO.: RD120.7 E67

 

Palmer, Jr., Louis J.  Organ transplants from executed prisoners : an argument for the creation of death sentence organ removal statutes.  Jefferson, N.C. : McFarland & Co., c1999.

LOCATION:  4th Floor

CALL NO.:  KF3827.D66 P35 1999

 

Rozovsky, F. A. Consent to treatment : a practical guide.  Gaithersburg, Md. : Aspen, c2000-
LOCATION:  4th Floor

CALL NO.:  KF3827.I5 R69 2000

Spielman, Bethany, ed. Organ and tissue donation: ethical, legal, and policy issues. Carbondale:   Southern Illinois University Press, c1996.

LOCATION: 3rd Floor

CALL NO.: RD129.5 .O736

 

       B. Internet Resources

 

[NOTE: Internet site addresses change frequently.  Accordingly, some of the sites noted throughout this research guide may no longer exist under the addresses provided.  To locate changed addresses, search for the page title using an Internet search engine such as Altavista.com, Google.com or HotBot.com.]

 

Medline Plus : Organ Donation

http://www.nlm.nih.gov/medlineplus/organdonation.html

 

This website, from the U.S. National Library of Medicine and the National Institutes of Health, offers links to a variety of news sources and government websites with information about organ donation and transplantation.

 

Organ Donation

http://www.organdonor.gov/

 

Compiled by the Federal government, this site provides links to various organizations and agencies concerned with organ donation.

 

United Network for Organ Sharing

http://www.unos.org/

 

This website provides links to medical, legal and policy information about all types of organ transplantation and donation, as well as a collection of data regarding the number of donors, transplants and persons waiting for organ transplants in the United States.

 

TransWeb.org

www.transweb.org

 

This web site provides links to news articles on organ donation and transplantation. It also provides a link titled "Reference Desk". The "Reference Desk" link enables the user to access legal and legislative information, as well as information on advocacy groups concerned with organ donation.

 

American Liver Foundation

http://www.liverfoundation.org/

 

This site has links to information about organ transplants and donation.

 

National Kidney Foundation

http://www.kidney.org/

This site includes links to news stories (“News and Events” and then "The Newsroom), some of which pertain to organ donation and transplants.