Mitchell Hamline School of Law
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Gender Discrimination in the Workplace: A Retrospective Analysis of \u27Young v. United Parcel Service, Inc., 575 U.S. 206 (2015)’ Through the Lens of Feminist Jurisprudence
Full text linkDeep and Continuous Palliative Sedation Without Artificial Nutrition and Hydration: An International Review
Full text linkDeep and continuous palliative sedation combined with withholding or withdrawal of artificial nutrition and hydration (collectively termed “PSs̄ANH”) is a medical process regularly used in end-of-life care as a means of alleviating suffering. But PSs̄ANH is often not governed by a clear legal framework. To shed light on different approaches to regulating PSs̄ANH, this Article conducts a comparative analysis of the PSs̄ANH legality across twelve jurisdictions.
To facilitate understanding of this broad issue, we subdivided PSs̄ANH into three categories:
(1) PSs̄ANH will not hasten death (“Type 1 PSs̄ANH”),(2) PSs̄ANH might, but is not certain to, hasten death (“Type 2 PSs̄ANH”), and(3) PSs̄ANH is certain to hasten death (“Type 3 PSs̄ANH”). This division maximizes the clarity and precision of comparative analysis. But not all twelve of our target jurisdictions recognize this tripartite distinction.
This research fills a gap in the current literature on the legality of end-of-life options. Other end-of-life options have been more extensively analyzed. For example, the legality of medical assistance in dying (“MAID”) has received significant academic attention, particularly with the introduction of euthanasia legislation in several countries in recent decades. Voluntary stopping of eating and drinking (“VSED”) has also been the subject of increased commentary.
PSs̄ANH, by contrast, has gone largely unexamined. There is a particularly notable absence of international and comparative analyses of PSs̄ANH. Available international analyses cover palliative care generally rather than PSs̄ANH specifically.
In two respects, this Article goes beyond the rules on palliative sedation laid down in health care guidelines. First, studies analyzing guidelines in various jurisdictions demonstrate that guidelines often do not discuss Type 3 PSs̄ANH (or any type of PSs̄ANH). Instead, they discuss only palliative sedation and the withholding or withdrawal of artificial nutrition and hydration separately). Second, guidelines may provide an incomplete picture of the legality of PSs̄ANH. Practitioners often rely on guidelines without any further analysis of the actual legal position of PSs̄ANH and related practices. Because the standard of care is often set or influenced by these guidelines, practitioners can often raise the guidelines as a defense to a claim that they acted in breach of their duty of care. However, guidelines may not provide a complete defense in all situations where medical practitioners administer PSs̄ANH
When Accomodation Bars Access to Justice: Implications of Video Remote Interpreting in Legal Settings
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Preparing Students for the Artificial Intelligence Era: The Crucial Role of Critical Thinking Skills
No full textAs artificial intelligence transforms the legal profession, the role of critical thinking skills among legal professionals becomes increasingly vital. This Essay argues that while AI will automate many routine le-gal tasks, successful legal practice in the AI era will require lawyers to possess robust critical thinking abilities to effectively evaluate AI out-puts, develop strategic solutions, and handle complex analytical work that AI cannot replicate. However, at this crucial juncture, evidence suggests a significant deficit in critical thinking skills among incoming law students. This deficit poses particular challenges as the legal profes-sion increasingly integrates generative AI tools that can handle routine legal tasks but require human oversight and evaluation. This Essay examines the intersection of AI technology, critical thinking skills, and legal education. It begins by analyzing the current state of AI in legal practice, with particular attention to generative AI’s capabilities and limitations. The Essay then explores the nature of criti-cal thinking, including both its cognitive skills and dispositional com-ponents, and explains why these skills are essential for legal practice in the AI era. Finally, the Essay addresses the current critical thinking deficit among law students and proposes that law schools must take a more focused approach to developing these crucial skills. This includes reconsidering traditional assessment methods that may allow students to use AI tools in ways that circumvent the development of essential critical thinking abilities. The Essay concludes that law schools must adapt their curricula and teaching methods to ensure graduates possess the critical thinking skills necessary to practice law effectively in an AI-augmented legal landscape
