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  1. Legal and Ethical Considerations for Requiring Consent for Apnea Testing in Brain Death Determination.Ivor Berkowitz & Jeremy R. Garrett - 2020 - American Journal of Bioethics 20 (6):4-16.
    The past decade has witnessed escalating legal and ethical challenges to the diagnosis of death by neurologic criteria. The legal tactic of demanding consent for the apnea test, if successful, can halt the DNC. However, US law is currently unsettled and inconsistent in this matter. Consent has been required in several trial cases in Montana and Kansas but not in Virginia and Nevada. In this paper, we analyze and evaluate the legal and ethical bases for requiring consent before apnea testing (...)
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  • Abortion, Brain Death, and Coercion.Michael Nair-Collins - 2023 - Journal of Bioethical Inquiry 20 (3):359-365.
    A “universalist” policy on brain death holds that brain death is death, and neurologic criteria for death determination are rightly applied to all, without exemptions or opt outs. This essay argues that advocates of a universalist brain death policy defend the same sort of coercive control of end-of-life decision-making as “pro-life” advocates seek to achieve for reproductive decision-making, and both are grounded in an illiberal political philosophy. Those who recognize the serious flaws of this kind of public policy with respect (...)
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