21 March 2005

Terri Schiavo - removal of feeding tube

I'm continually editing this thread as the ground keeps shifting all the time.

For an interesting (and compelling) discussion of the constitutional and Rule of Law aspects at stake, see Dahlia Lithwick on Slate.
- Wikipedia: Terri Schiavo
- Timeline and key documents
Key documents: - An Act for the relief of the parents of Theresa Marie Schiavo
- Schiavo v Schiavo (US District Court)
- Schiavo v Schiavo (US Court of Appeal)
- Schiavo v Schiavo (US Supreme Court)

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Course Outline

Lord Justice Lawton in Maxwell v Department of Trade and Industry [1974] 2 All ER 122 said:

"From time to time ... lawyers and judges have tried to define what constitutes fairness. Like defining an elephant, it is not easy to do, although fairness in practice has the elephantine quality of being easy to recognise. As a result of these efforts a word in common usage has acquired the trappings of legalism: 'acting fairly' has become 'acting in accordance with the rules of natural justice', and on occasion has been dressed up with Latin tags. This phrase in my opinion serves no useful purpose and in recent years it has encouraged lawyers to try to put those who hold inquiries into legal straitjackets.... For the purposes of my judgment I intend to ask myself this simple question: did the [decision-maker] act fairly towards the plaintiff?"

This course examines the elephantine concept of fairness in the law, along with other contemporary legal issues.

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