The Spectrum Between Subjective and Objective | Samantha Bates | April 25, 2017

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The Spectrum Between Subjective and Objective

Original Creator: Jonathan Zittrain Current Version: Samantha Bates Show/Hide
  1. 1 Show/Hide More Leichtman v. WLW Jacor Communications, Inc.--"The Smoke in the Face Case"
    Original Creator: Jonathan Zittrain Current Version: Samantha Bates
    Should a smoker's license to freely blow his smoke be limited by the sensitivity of non-smokers?
    Notes:
    Plaintiff—a known anti-smoking advocate—was invited to appear on a radio talk show to talk about the harmful effects of smoking and breathing secondhand smoke. During the show, one of the hosts lit a cigar and repeatedly blew smoke directly into the plaintiff’s face.
  2. 2 Show/Hide More Werth v. Taylor--"The Blood-Transfusion-Refusing Jehovah's Witness"
    Original Creator: Jonathan Zittrain Current Version: Samantha Bates
    Should health care professionals be allowed to administer life-saving, emergency treatment when there is a possibility that the patient would have refused?
    Notes:
    Plaintiff, a Jehovah’s Witness, underwent severe bleeding following the birth of her twins. Despite knowing that plaintiff’s religious beliefs prohibited blood transfusions, defendant ordered a blood transfusion to avoid her death. Consent could not be obtained at the time from the plaintiff because she was under general anesthesia and her condition was rapidly deteriorating.
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April 25, 2017

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Samantha Bates

Research Associate

Harvard Law School, Berkman Center

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