Relatives as Surrogates
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The Colorado Lawyer (2005)
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Family members often make inappropriate medical treatment decisions when they act as surrogates for relatives. Even with the best of intentions, the medical literature reveals that choices by family members have a poor correlation with what their incapacitated relatives actually wanted.
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Surrogate Decision-Making for "Friendless" Patients
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The Colorado Lawyer (2005)
(requires Adobe Reader. Get it here)
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If a person is mentally unable to make medical care decisions, a substitute decision-maker must do so. As society becomes proportionately older, more people in that situation are likely to also outlive their families and social circles. This article addresses alternative means of substitute decision- making that must then be found.
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Living Wills
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In Philip Kapleau, The Zen of Living and Dying (1998)
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We live in a world of ever-expanding medical treatment options, where more
decisions are the responsibility of patients than ever before. Some of the
most important medical decisions we will ever make arise as we near the end
of our lives. By preparing adequately for death we not only reduce the
decision-making burden on our families, we also engender greater clarity in
ourselves. Here's how to do so.
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Living Organs & Dying Bodies
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Tricycle, The Buddhist Review (1997)
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Organ donation raises many issues for religions beyond mere approval
or prohibition. The methodology of donation intersects with the passage
from this world -- a passage that has always been a fundamental religious
concern. This article attempts to reconcile specific Buddhist religious
teachings about dying, with the needs of organ donors.
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Reconciling Patient Choice with Physician Conscience
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The Colorado Lawyer (1997)
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What happens when the medical treatment to which a patient feels
entitled conflicts with the sincere personal objects of the treating
doctor? A patient has some right to treatment, yet a doctor also has
some right of conscience. These issues will arise more frequently in
our era of galloping technology, with patients who are better educated
consumers. Whose rights prevail? How should doctors respond to these issues?
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Concise Contracts, 3rd Edition
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(2007; first edition 1996)
(requires Adobe Reader. Get it here)
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The principles of contract law correspond to human relationships.
Its purpose is simply to facilitate the creation of constructive
agreements. The study of this law is an essential part of law school,
based upon groundbreaking court cases from England and America.
These real life disputes generated the body of law which regulates
contracts. This book covers the fundamentals needed by students of the law.
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The ADA Imposes Burden for Lenders at Foreclosure
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The Massachusetts Lawyers Weekly (1995)
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Sometimes, if a bank forecloses on real estate, it must shoulder new
responsibilities under the Americans with Disabilities Act - to make
the building accessible to the disabled. This can be as inordinately
costly as buying a place which is environmentally contaminated. What's
a bank to do? This article advises lenders on how to properly address
this issue, both when lending and when considering foreclosure.
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Truman's Bomb, Our Bomb
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The Fletcher Forum of World Affairs (1995)
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"The United States did not drop atomic bombs on Hiroshima and Nagasaki
primarily to end World War II without invading Japan, nor to threaten
the Soviet Union at the threshold of the Cold War. Striving to emulate
Roosevelt, desensitized by carpet bombing in Germany and Japan, provoked
by the alienation between East and West, Truman felt he had to use the
Bomb simply because he could not imagine doing otherwise." [Excerpt from
the article]
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The ADA and Privately Owned Historic Facilities
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The Colorado Lawyer (1994)
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Society rightly values access for the disabled, recognizing that we
are all benefited by universal access to building and places. At the
same time, we also accord historic buildings special protection from
modification. What happens when these needs conflict? How are they
balanced? This article attempts to reconcile these meritorious rights.
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Discovery Made Easier by Computer
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The Colorado Lawyer (1993)
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Computers won't replace lawyers, but lawyers with computers will replace
lawyers without them. One area of legal practice most helped by computers
occurs during the preliminary discovery phase of litigation. This article
outlines some of the benefits of digital discovery.
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Lender Liabilities
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New England Waste Resources: Courtroom Report (1990)
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When a bank or another mortgage holder forecloses on property, they
become the new owner. If the property is environmentally contaminated,
responsibility for cleaning it up can be inherited along with the property.
Steps can be taken to avoid this potentially disastrous problem. This article
reviews some related legal and legislative developments.
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Construction Without Conflict
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(1988)
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Building owners often find the construction experience frustrating, and contractors find it stressful. However, there are many ways to prevent disputes, or harmonize disagreements once they occur. Here's how.
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