Title: The Right to Stay Alive? (1998 Third Year Paper)
Author(s): Madeleine Blot
Subject & Subject keywords: Food and Drug Law "" "philosophy of regulation" "" "terminal illness" "" "unapproved drugs"
Abstract:While standing by my belief that FDA "can't help" infringing on the right of terminally-ill individuals, I will argue that the matter should be removed from FDA's jurisdiction altogether, and evaluated in a constitutional setting where it more properly belongs. Before I move on to a discussion of why I believe that the question of whether the terminally-ill should have access to unapproved but potentially life-saving drugs should be dealt with as a constitutional matter, I will briefly discuss why I believe that it should not be dealt with by the FDA.

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