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Hastings Law News Vol.8 No.7 UC Hastings College of the Law

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Hastings Law News Vol.8 No.7 UC Hastings College of the Law University of California, Hastings College of the Law UC Hastings Scholarship Repository Hastings Law News UC Hastings Archives and History 11-17-1975 Hastings Law News Vol.8 No.7 UC Hastings College of the Law Follow this and additional works at: http://repository.uchastings.edu/hln Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.8 No.7" (1975). Hastings Law News. Book 269. http://repository.uchastings.edu/hln/269 This Book is brought to you for free and open access by the UC Hastings Archives and History at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law News by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. IS THERE ALEGAL RIGHT TO DIE? Ed ｾｴｯｲ＠ · , s note: The legal can be found In a 1974 decision of the Oklaho- questions surrounding a pos- ma Court of Appeals. It ruled thal a married sible right to die have been woman has the right to have a hysterectomy brought to national promi- performed, even though her husband may ob- nence by the case of Karen ject. Quinlan. The following art- But what about instances- such as the icle was written by Profes- Quinlan case-in which the patient cannot sor Laurence H. Eldredge for speak for himself? . When an unconscious person is brought the Oct. 28 issue of the Los into an accident ward and immediate surgery Angeles Times. Professor is necessary to save his life. the surgeon has a Eldredge is uniquely quali- privilege to operate without consent and re- fied to comment on this issue store that person to a useful tife. But this is a as he was a lecturer on medi-' pnvilege created for the benefit of the pa- ca l jurisprudence at the Uni- tient, who presumably would consent if he versity of Pennsylvania Medi- could be questioned. In cases where the sur- geon knows that the l1.atIent would not con- 28 cal School for years, and sent-because of religious convictions, for ex- also served as president of ｡ｭｰｬ･ｾｴｨ･＠ privilege does not exist. Thus, the Episcopal Hospital in Phila- patient has the right to refuse even hfe-sav- delphia. ing surgery. In the New Jersey case, Miss Quinlan's Karen Ann Quinlan has lain unconscious in mother has testified that if the young woman St. Clare's Hospital in Denville, N.J. for six could be q'Jestioned, she would refuse to be months, kept "alive" by a respirator. Professor Eldredge kept "alive" by the respirator and urge that ｾｨ･＠ Physicians who have examined her are un- nature takr its course so could die peace- reasoned decision has the nght to refuse med- ｢｡ｾ･､＠ animous in their opinion that she is in a hope- fully. The mother this opInion on pur- ical care which is necessary to save hiS hfe; ported ｰ｡ｾｴ＠ conversations with her daughter. less condition-one said last week it is "too the surgeon who goes ahead and operates on To many peopl'!-Mlss QUInlan. apparently. grotesque to describe"-but are just as unani- the protedIng patIent Violates the law and is among them-there are \'alucs more precious mous in their refusal to take steps that could gUilty of a battery. We do not beheve that end her life. than life. We need only recall Joan of Arc at "Big Brother knows best." the stake and the Christian martyrs faCing This has pitted doctors, the hospital and the A further example of the individual's nght state against Miss Quinlan's adoptive parents, to decide what is to happen to his or her body (continued on page 6) who have asked for an end to the extraordi- nary measures necessary to keep· her alive. The case is now before a Morristown court. How long must the battle tc save Miss Quinlan continue? How many public dollars must be spent preservIng the "life" of one who can never be restored to a sentient per- son? Is the respirator to keep running for bastInGS years and years? The doctors' attitude is sheer arrogance and makes no sense, morally or legally. It is a fundamental concept in American LaU) law that every person has the right to decide what is to be done to his-or her-body 80 long as ｾｨ･＠ decision does not harm other per- sons. This is part and parcel of our concept of neU)s the dignity of the individual. A conscious adult who is mentally capable of making a uoiver.:zsiti)j Of STUDENTS CHALLENGE 198 McALLISTER STREET, SAN FRANCISCO, CAUFORNlA 94102 COLLEGE "CONTRACT" ｾｾＢｾＢｾｈｾＧｾＧｾＧｾｈｾＧｾＧｾＧｾ＠ Reproduction In whole or In part Wlthout written 7 November 17 1975 permlsslonlsprohlbited Allnghtsreserved 0 t975 y Diane Auerbach Vol. VIII, No. , (CPS)--When a $300 stereo turns out "every university in the country will opment management." He claims that to be defective, no one has any hesi- be in trouble." after he enrolled, the university tation about returning it and demand- In Washington DC, an American Uni- dropped its management program, as- ing a refund. But does the same versity graduate has asked the courts signed him advisors who were unquali- reasoning apply when a student pays to award him $150,000 in lost income fied in the field and then discharged $300 for a course and then discovers and $500,000 in punitive damages af- him two years before the time limit it is worthless? ter the university terminated him the college catalogue gave him to A number of students across the from a doctoral program. complete his Ph.D. country have sued ｴｨ･ｾｲ＠ schools for The student, Herman I. Schaller, Even though he was enrolled in man- reach of contract. Claiming that took an early retirement from his 30- agement, "at one point a special com- their college catalogue constitutes a year government job to pursue a doc- mittee suggested that I write my dis- alid contract between student and toral program in "research and devel- iversity, the students have charged (continued on page l2) that the description in the catalogue as a far cry from what they found in he classroom. Among the cases pend- ng are the following: A business education major has GRADE NORMALIZATION NOT YET NORMALIZED ued the University of Bridgeport in onnecticut for $400, claiming that by Jamie Campbell is to prevent giving an unfair advan- he learned "absolutely nothing" in a Since the original Grade Normali- tage in the job market to those third ourse she took a year ago. "I've zation Policy was announced (at the year students who took non-exam clas- ad bad courses before," said Illene beginning of the semester), it has ses last year and received high aniello, "but this was ridiculous. undergone a few changes. These two grades.) e only thing that I learned was how were adopted at a faculty meeting, Some additional changes have been to use the overhead projector." and are now part of the policy: recommended by the Grade Normaliza- In her legal brief, Ianiello 1 - Legal Writing and Research tion Committee, but not yet adopted harged that "classroom time was sub- will be treated as a non-exam course, by the faculty: tantially devoted to the instructor which means that grades given in 1 - That non-exam classes be eading aloud pamphlets and other ma- LW&R won't count in the GPA. graded A, B, C, D, F (this was tabled erials he had already distributed to 2 - The provision of the policy at the last faculty meeting). the class." that excludes non-exam courses from 2 - Addition of a description of The Bridgeport administration is consideration in computing a stu- what type of work should be given an frankly worried about the suit. "If dent's GPA will not apply to this F. The description Simply states we lose this," said Vice President year's third year students. (This that F's should rarely be given. tor Academic Affairs Warren Carrier, 2 WRITING WORKSHOP DISCUSSION BARBAGELATA I MOSCONE Mayoral candidates John Barbage- Attention: LEOP and Writing Work- I staff lata and George Moscone will be shop Students. On Nov. 13 and 20, Writing Work- featured in a forum discussion spon- sored by the Hastings Republican shop Instructors will discuss exam- taking techniques with sample ques- Caucus and the Hastings Democrats. tions in Criminal Law and Property. In addition to the candidates ' EDITOR: presentations of their viewpoints on Mr. Cy Epstein (Criminal Law) John McNellis major issues, there will be time set Thurs., Nov. 13, 12:40, Classroom "F" aside for questions from the audience. Thurs., Nov. 20, 12:40, Classroom "F" ASSISTANT EDITORS: The forum is scheduled for 11:40 Mr. Mark Oring (Property) Chris Delsol on Nov. 20 in Room B. Thurs., Nov. 13, 3:40, Classroom "F" Steve Franceschi Thurs., Nov. 20, 3:40, Classroom "F" STAFF: Bill Blair John Hull Anne Steinbrugge Lorin Brennan ANNOUNCEMENTS Scott Ghormley Curt Hofeld CLASS ACTIONS SEMINAR JOAN LITTLE This seminar will explore in de- tail several problems in class Joan Little, who has become a action litigation. Federal class symbol of women's oppression and actions will be studied, in"particu- southern ｲ｡ｾｩｳｭＬ＠ will appear as a lar focusing on questions such as guest speaker on Dec. 4th in the how notice and adequacy of represen- Pauley Ballroom in the Student Union building of the U.C. Berkeley campus, tation affect the res judicata ef- fect of class action judgments, INSIDE THE OUTING CLUB at 8 p.m. mootness and standing issues, inter- This SUPERB sponsored event will vention, appealability of various - Hark (the Mad Stabber) Johansen enable Joan Little to discuss her or- class action'orders, and multi-dist- deal as the only wor"an inmate at the rict legislation techniques.
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