Bibliography

Ad Hoc Committee of the Harvard Medical School to Examine the Definition of Brain Death. 1968. "A Definition of Irreversible Coma." Journal of the American Medical Association 205(6): 337-340. The original guidance on the means for determining an irreversible loss of total brain functioning, unfortunately mislabeled "irreversible coma."

Akabayashi, Akira. 1997. "Japan's Parliament Passes Brain-death Law." The Lancet 349: 1895. The law adopted by Japan in 1997 recognizes brain death but accommodates traditional religious beliefs by allowing the patient's family to veto this diagnosis.

Capron, Alexander Morgan. 1973. "The Purpose of Death: A Reply to Professor Dworkin." Indiana Law Journal 48(4): 640-646. Argues for developing a definition that comports with social reality and that can be employed in as many legal settings as it suits.

Capron, Alexander Morgan, and Kass, Leon R. 1972. "A Statutory Definition of the Standards for Determining Human Death: An Appraisal and a Proposal." University of Pennsylvania Law Review 121: 87-118. Discusses the procedures and objectives for lawmaking and provides a model that was widely adopted.

Cate, Fred H., and Capron, Alexander Morgan. 2003. "Death and Organ Transplantation." In Treatise on Health Care Law, pp. 45-60, ed. Michael G. Macdonald, Robert M. Kaufman, Alexander M. Capron, and Irwin M. Birnbaum. New York: Matthew Bender.

Culver, Charles M., and Gert, Bernard. 1982. Philosophy in Medicine: Conceptual and Ethical Issues in Medicine and Psychiatry. New York: Oxford University Press.

Kass, Leon R. 1971. "Death as an Event: A Commentary on Robert Morison." Science 173(998): 698-702. Refutes Morison's thesis that death does not occur at an identifiable time and explores the social rules that follow from this view.

Kennedy, Ian McColl. 1971. "The Kansas Statute on Death: An Appraisal." New England Journal of Medicine 285(17): 946-949. Criticizes the first American statute and urges that defining death be left in medical hands.

Kennedy, Ian McColl, and Grubb, Andrew. 1989. Medical Law: Text and Materials. London: Butterworths.

Lizza, John P. 1993. "Persons and Death: What's Metaphysically Wrong with our Current Statutory Definition of Death?" Journal of Medicine and Philosophy 18(4): 351-374.

Medical Consultants on the Diagnosis of Death to the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. 1981. "Guidelines for the Determination of Death." Journal of the American Medical Association 246(19): 2184-2187. This statement, signed by nearly all the leading American authorities on the subject, became the prevailing standard for pronouncing death.

New Jersey Commission on Legal and Ethical Problems in the Delivery of Health Care. 1991. The New Jersey Advance Directives for Health Care and Declaration of Death Acts: Statutes, Commentaries and Analysis. Trenton, NJ: Author. Proposes and defends state's unique statute on determination of death.

Olick, Robert S. 1991. "Brain Death, Religious Freedom, and Public Policy: New Jersey's Landmark Legislative Initiative." Kennedy Institute of Ethics Journal 1(4): 275-288. Discusses New Jersey's religious exemption and offers a defense of the conscience clause in law and policy.

T.A.C.P., In re. 609 So.2d 588-95 (Fla. Sup. Ct. 1992).

Task Force for the Determination of Brain Death in Children. 1987. "Guidelines for the Determination of Brain Death in Children." Annals of Neurology 21(6): 616-621. Provides special standards for pediatric death determination.

Truog, Robert D., and Fackler, James C. 1992. "Rethinking Brain Death." Critical Care Medicine 20(12): 1705-1713.

U.S. President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. 1981. Defining Death: Medical, Legal, and Ethical Issues in the Determination of Death. Washington, D.C.: U.S. Government Printing Office. Explanation of concepts and rationale for Uniform Determination of Death Act by federal bioethics commission, which operated from 1980 to 1983.

Van Till-d'Aulnis de Bourouill, Adrienne. 1975. "How Dead Can You Be?" Medicine, Science and the Law 15(2): 133-147. Compares American diagnostic criteria with those used in France, Austria, and Germany; also differentiates ceasing artificial maintenance from murder or active euthanasia.

Veatch, Robert M. 1976. Death, Dying, and the Biological Revolution: Our Last Quest for Responsibility. New Haven, CT: Yale University Press. Argues for regarding death as the loss of cerebral functions and provides a statute to achieve this end.

Youngner, Stuart; Arnold, Robert M.; and Shapiro, Renie. 1999. The Definition of Death. Baltimore, MD: Johns Hopkins University Press. Identifies problems with defining death, including ethical, historical, cultural, and international arguments.

Youngner, Stuart, and Arnold, Robert M., for the Working Group on Ethical, Psychosocial, and Public Policy Implications of Procuring Organs from Non-Heart-Beating Cadaver Donors. 1993. "Ethical, Psychosocial, and Public Policy Implications of Procuring Organs from Non-Heart-Beating Cadaver Donors." Journal of the American Medical Association 269(21): 2769-2774. Reviews issues that are raised by using as organ donors patients whose hearts stop beating when life-sustaining treatment is discontinued.

Zaner, Richard M., ed. 1988. Death: Beyond Whole-Brain Criteria. Dordrecht, Netherlands: Kluwer Academic Publishers. A symposium on the debate between whole- and higherbrain standards, with essays favoring the latter by such leading figures as Edward T. Bartlett and Stuart J. Youngner, H. Tristram Engelhardt, Robert M. Veatch, and Richard M. Zaner.

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