Assisted suicide and the inalienable right to life

This article focuses on a topic largely overlooked by both the supporters and opponents of assisted suicide. The legalization of suicide assistance damages the interests of persons who value the law's full and equal protection of their lives by designating them as eligible for help in killing themselves. Measures such as Oregon's Death with Dignity Act regard every person diagnosed as having a terminal condition as a candidate for suicide assistance, as if the protection of life was an alienable interest for this class. Thus all members of the eligible class, including those opposed to assisted suicide, lose the status of being regarded by law as having an inalienable right to the protection of life. This status-based injury should inform the standing and substantive constitutional questions raised by a state's adoption of such a policy.     

论中小学教师在突发事件中的法律义务——范美忠事件引发的突发事件下中小学教师生命权的思考

范美忠事件虽然告一段落,但是,中小学教师的生命权在突发事件中是否应该受到限制的问题仍然没有彻底解决.突发事件中限制中小学教师生命权在我国的正当性和必要性:中小学教师的特殊职责和国家为之提供的特殊保障和特殊待遇使之具有正当性;我国自然灾害频发、人口密度大等地理人文气候条件以及自古以来对教师有较高道德期待的历史文化传统因素使之具有必要性.这一要求可以通过修改<教师法>等相关的法律来加以明确规定,与此同时,相关的配套制度也需进一步完善.     

评析2003年国家司法考试卷三中一则有关票据涂销的案例——兼谈背书涂销对背书连续性的影响

一、案情介绍2003年国家司法考试卷三中的不定项选择题(三):甲股份有限公司经董事会决议,变更公司章程,在其营业范围中增加“制售成衣”一项,但尚未向工商行政部门办理变更登记手续。董事长刘某未经授权与乙纺织厂签订一项定购布料的合同,并代表公司签发了某银行为付款人、乙为     

The right of the child to be heard in education litigation: an analysis of the ‘intelligent design’ Pennsylvania case on the separation of Church and State in the public schools

This paper examines a seminal case in US education law regarding the separation of Church and State in the public schools. The issue decided was whether it is constitutional under American law for a school district to mandate reference to ‘intelligent design’ (ID) as an alternative to the theory of evolution whilst instructing students only in the latter. ID theory postulates an unspecified ‘master intelligence’ as being responsible for the origins of life. A Pennsylvania court found that ID was a religious theory and held the school district had officially endorsed ID contrary to constitutional requirements. The issue of children's participation rights was not raised by the parties or the Court and student views were not solicited. The reasons for this failure to allow students to be heard in the judicial proceedings are explored as are the implications for how the notion of children's rights is understood in North America.