CASEYFRANK

Attorney & Counselor

Articles

End-of-Life Decisions: Who Decides and the Role of the Psychiatrist

  2014

This article explores the interplay of law, ethics, and social considerations in support of medicine at the end of life. It pays special attention to the role of psychiatry. Written with Dr. Richard Martinez; originally published in The Psychiatric Times.

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How to Reconcile Advance Care Directives with Attempted Suicide

  2013

When people are admitted to a hospital following an attempted suicide, their advance directives can raise ethical quandaries. This is a recommended approach to finding consensus in those circumstances.

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Medical Treatment Decisions: Order of Authority

  2011

This chart, or algorithm, presents the manner in which surrogates make decisions for patients when the patients can no longer do so. It encompasses several laws that address this issue, and is fully annotated.

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What Is “Consensus" When Choosing a Proxy?

2009

Consensus means different things to different people in different circumstances. It is like "semi-annual" and "bi-annual," both of which have come to mean either twice a year or every two years, and are thus useless for precise language. See how it plays out in using this statute.

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Concise Contracts, 4th Edition

  2016 (First Edition, 1996)

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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Relatives As Surrogates

  2005, The Colorado Lawyer

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

  2005, The Colorado Lawyer

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

  1998, In Philip Kapleau, The Zen of Living and Dying

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 and Dying Bodies

  1997, Tricycle: The Buddhist Review

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

  1997, The Colorado Lawyer

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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Truman's Bomb, Our Bomb

  1995, The Fletcher Forum of World Affairs

"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

  1994, The Colorado Lawyer

Society rightly values access for the disabled, recognizing that we are all benefited by universal access to buildings 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 aricle attempts to reconcile these meritorious rights.

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Protecting Marital Obligations from Bankruptcy

  1994, The Colorado Lawyer

Bankruptcy became another weapon in the war of the sexes. Parties to a divorce sometimes tried to undermine the property settlement after a divorce by filing for bankruptcy. This comprehensive article outlined the primary ways attorneys could protect settlements. However, many of the conclusions in this article have been superseded by subsequent legislation, so be sure to update your research on this topic.

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We Didn't Get into This Ecological Fix by Lack of Technology

  1991, The New York Times

Environmental good health is a matter of our collective personal and social values and behaviors, not the cleverness of our technology. Here's what I mean.

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