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Final Project Journal Medical and Law Programs 2010 Under the auspices of Final Project Journal Medical and Law Programs 2010 table of contents Letter of Introduction ............ 1 C. D AVI D G OL D MAN , C HAIR , FASPE S T ee RIN G C OMMITT ee Introduction to the Medical Projects ............ 5 D R . M ARK M E R C URIO , FASPE F A C ULTY , Y AL E M ed I C AL S C HOOL Excerpt from ‘23’ A Visual FASPE [Re] Emergence ............ 7 L ILAN G I E D IRIWI C KR E MA , Y AL E U NIV E R S ITY , C LA ss O F 2011 Excerpt from Lives Remembered, Lessons Learned ............ 9 B E N A be L S ON , C L E V E LAN D C LINI C L E RN E R C OLL ege O F M ed I C IN E , C LA ss O F 2014 The Holocaust: History and Bioethics for Physicians ............ 18 G RA ce C HARL es , M T . S INAI S C HOOL O F M ed I C IN E , C LA ss O F 2013 Moral Relativism versus Universal Truth: Reflections through the Lens of the Holocaust ............ 29 A MAN D A B RA D K E , C A se W es T E RN R ese RV E U NIV E R S ITY , C LA ss O F 2013 Excerpt from When the Two Worlds are Torn Asunder: Reflections on Morality and Medicine from the T4 Program ............ 40 L AN D ON R OU sse L , C ORN E LL U NIV E R S ITY , C LA ss O F 2012 Guilt, Remembrance and Rhetoric: Learning from German Perspectives on World War II ............ 46 R A C H E L H A D L E R , U NIV E R S ITY O F P E NN S YLVANIA , C LA ss O F 2011 Having Empathy for the Unsympathetic Patient ............ 53 S T ep HANI E W E I ss , C L E V E LAN D C LINI C L E RN E R C OLL ege O F M ed I C IN E , C LA ss O F 2011 Introduction to the Law Projects ............ 69 P RO fess OR A NTHONY K RONMAN , FASPE F A C ULTY , Y AL E L AW S C HOOL Reflections on Auschwitz: Positivism and National Socialist Jurisprudence ............ 71 G ARY L AWKOW S KI , U NIV E R S ITY O F V IR G INIA , C LA ss O F 2011 Power of Photographs: Resisting Dehumanization ............ 84 K ATH E RIN E L O E W E , U NIV E R S ITY O F N E W M E XI C O , C LA ss O F 2011 Exception as the Rule as the Exception ............ 104 T O dd G RA B AR S KY , B E NJAMIN N. C AR D OZO S C HOOL O F L AW , C LA ss O F 2012 With special thanks to Dr. Thomas Duffy, Amos Friedland, Professor Anthony Kronman, and Dr. Mark Mercurio. Lead support for FASPE is provided by C. David Goldman, Frederick and Margaret Marino, and the Eder Family Foundation. FASPE is also supported by the Task Force for International Cooperation on Holocaust Education, Remembrance and Research and other generous donors. steering committee Dr. Jolanta Ambrosewicz-Jacobs, Director, Piotr Kowalik, Museum of the History The Center for Holocaust Studies of Polish Jews, Warsaw Jagiellonian University Prof. Anthony Kronman, Sterling Professor Dr. Nancy Angoff, Associate Dean for of Law, Yale Law School Student Affairs, Yale School of Medicine Tomasz Kuncewicz, Director, Ivy L. Barsky, Deputy Director, Auschwitz Jewish Center Museum of Jewish Heritage John Langan, S.J., Cardinal Bernardin Andrea Bartoli, Drucie French Cumbie Professor of Catholic Social Thought, Chair of Conflict Analysis and Resolution, Georgetown University George Mason University Frederick Marino, Vice Chairman, Dr. Michael Berenbaum, Adjunct ProBuild Holdings, Inc. Professor of Theology, University of Judaism David G. Marwell, Ph.D., Director, Debbie Bisno, Producer, Bisno Productions Museum of Jewish Heritage Merrill Brown, Principal, MMB Media LLC Nathan Milikowsky, Chairman, C/G Electrodes LLC and Seadrift Coke LP Prof. Robert Burt, Alexander M. Bickel Professor of Law, Yale Law School Rabbi Jay Henry Moses, Director, Wexner Heritage Program Judge Guido Calabresi, United States Circuit Court Sydney Perry, Executive Director, Jewish Federation of Greater New Haven Bal Das, Vice Chairman Kailix Investment Advisors Sigmund Rolat, Honorary Consul of the Republic of Gambia Dr. Thomas Duffy, Director of the Program for Humanities in Medicine, Yale School Rabbi Benjamin Scolnic, Temple Beth of Medicine Sholom, Hamden, CT Andy Eder, President, Eder Bros Inc. Teresa Swiebocka, Former Deputy Director, Auschwitz-Birkenau State Museum C. David Goldman (Chair), Partner, McDermott Will & Emery LLP Hans Westra, CEO, Anne Frank House, Amsterdam Final Project Journal Medical and Law Programs 2010 letter of introduction W HY FASPE? T WO INT E R sec TIN G C ON cep T S : My generation—and the generations that bracket mine—grew up feeling the Holocaust. We saw the pictures. My father was in the group of American soldiers that “liberated” Dachau and he took photographs; the pictures were hidden but my brothers and I saw them soon enough. And, we somehow related, though could not really understand, because of the proximity in time. Our generations knew survivors. They were family or friends. We heard their descriptions. Family members were victims or we knew those whose family perished. Our generations saw those who experienced, those who did not want to tell, and then those who opened the dialogue across cultures and mediums that sought meanings and explanations. This proximity in time and familiarity with survivors, that ability to feel the Holocaust, cannot exist in the same manner in future generations. Today there are daily reports of embarrassing, horrific, breakdowns among professions. Business frauds. Medical frauds. Lawyers defrauding clients. Journalists who fail to report or report with bias. Clergy who do not speak out. The harm is not just financial; it is human, societal. It speaks to who we are. To increase the difficulty, the ethical issues facing the professions are increasingly blurred with globalization, technology and other 21st century “inventions.” FASPE seeks to address the current ethical failures of our professionals while establishing a construct for the future study of the Holocaust. It is grounded on the following notions: Members of the professions—lawyers, doctors, business executives, among others in Nazi Germany—played an instrumental role in the design and implementation of the Holocaust and in failing to halt the complete breakdown of societal mores. Members of the professions continue to play an instrumental role—positive and negative—in all so- called civilized societies. Today’s America is no exception. Through setting broad agendas and implementing national policies, professionals set the tone for how a country and its citizens deal with “small,” i.e. day to day, issues. In dealing with the day to day issues, the professionals set the tone for broader agendas and set the stage for how larger policies are established and implemented. They interpret contem- porary issues in light of cultural norms and historical precedents. Therefore, the behavior of the professions must be viewed in an ethical context as it ultimately defines the ethics of their society. With this in mind, FASPE Fellows convene to examine contemporary ethical issues in their professions, starting by examining the role of their profession in the Holocaust as evidence of the power (positive and negative) of the profession. In 2010, the first annual classes of Fellows were chosen (through a national competition) for Law and Medicine. In 2011, FASPE expands, offering Fellowships in Law, Medicine, Journalism and the Clergy. Additional professions will be added in the future, including, shortly, Business. 1 Final Project Journal Medical and Law Programs 2010 letter of introduction (continued) The journey that each group of Fellows takes, led by leading scholars, is a journey of time (12 days), geography (New York, Berlin, Auschwitz, Krakow), chronology (design and implementation of the Holocaust to contemporary ethics of the profession), emotion (from the Wannsee House in Berlin where the implementation of the Final Solution was agreed upon to Auschwitz and beyond) and dialogue (daily interactive seminars led by FASPE faculty and “guest” participants). We believe that the 2010 FASPE Fellows and their journeys last summer verify the core principles that serve as the basis for FASPE. The FASPE program is not only individually transformational for the Fellows, but, we hope, helps to create an ethical grounding for the future leaders of our professions. We are deeply proud of the 2010 Fellows and are pleased to present a selection of their work. C. D AVI D G OL D MAN C HAIR FASPE S T ee RIN G C OMMITT ee 3 Final Project Journal Medical and Law Programs 2010 introduction to the medical projects G R ee TIN gs F RI E N ds : Several months have passed since we took our journey together. There’s a picture in my office from the program’s last night in Krakow, with the whole group together. It’s a wonderful memory. The trip was, for me, a most extraordinary experience as a teacher and as a person. It was an unforgettable trip for what we saw, heard, and learned, and because of the people with whom we shared it. From what I can tell from the final projects produced by the inaugural FASPE Medical class, it had an equally profound impact on each student. All of the projects submitted represent remarkable work, and I congratulate every student.
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