WeberD. R., Civil Disobedience in America: A Documentary History (Ithaca: Cornell University Press, 1978).
2.
See BrownJ. M., Gandhi and Civil Disobedience: The Mahatma in Indian Politics, 1928–34 (Cambridge: Cambridge University Press, 1977) for an account of historically justified civil disobedience.
3.
42 U.S.C. § 1305, Pub. L 104 – 193 § 1 et seq., August 22, 1996.
4.
DawsonS. M., “The Promise of Opportunity – and Very Little More: An Analysis of the New Welfare Law's Denial of Federal Public Benefits to Most Illegal Immigrants,”St. Louis University Law Journal41 (1997): 1053–1079; Note, “Welfare Reform – Treatment of Legal Immigrants – Congress Authorizes States to Deny Public Benefits to Noncitizens and Excludes Legal Immigrants from Federal Aid Programs,”Harvard Law Review110 (1997): 1191–1196. The law does make some exceptions for outpatient prenatal care and some services provided to children under some limited circumstances, and for services paid entirely by state resources in states that have explicitly authorized those payments by formal legislative action taken after the effective date of the Personal Responsibility and Work Opportunity Reconciliation Act. Our client, alas, does not fall squarely within the relevant exceptions.
5.
The Latin “Primum non nocere” was never part of the venerable Hippocratic Oath, but seems to have been a principle expressed by Galen. Today the Oath of Geneva prepared by the World Medical Association expresses a related principle: “The health of my patient will be my first consideration.” World Medical Association, International Code of Medical Ethics, available at <http://www.wma.net/e/policy/c8.htm> (last visited June 9, 2006).
6.
The American Medical Association'sPrinciples of Medical Ethics were amended in 2001 to add a new principle that reflects this notion: “A physician shall, while caring for a patient, regard responsibility to the patient as paramount.”American Medical Association's Principles of Medical EthicsVIII (2001).
7.
See American College of Physicians, Ethics Manual (5th ed.); Annals of Internal Medicine142, no. 7 (2005): 560–582, at 561.
8.
Id., at 571.
9.
See 18 U.S.C. § 2 (a) (“Whoever commits an offense against the United States or aids, counsels, commands, induces, or procures its commission, is punishable as a principal.”)
10.
“Lying Doctors,”CBS News: This Morning, October 21, 1999.
11.
HilzenrathD., “Ethics: The Moral Dilemmas of Managed Care,”Washington Post, April 9, 1998, at H1.
12.
See Ethics Manual, supra note 7, “Medicine and the Law.”.
13.
For a general discussion of this possibility, see LaFaveW. R., Criminal Law (St. Paul: West, 2003): at 631.
14.
For a discussion of the value of this trust, and its explicit recognition, see HallM. A., “Law, Medicine and Trust,”Stanford Law Review55 (2002): 463–527.
15.
See, for example, Canterbury v. Spence, 464 F.2d 772 (D.C. Cir. 1972) (adding the obligation to arrange for “informed consent” to the physician's obligation to diagnose and treat).
16.
See, e.g., Wickline v. State, 192 Cal.App.3d 1630 (1986) (suggesting that yet another additional obligation of a physician might be to advocate for a patient to arrange for payment for medical care, at least under some circumstances).
17.
JohnsonD., “Kevorkian Sentenced to 10 to 25 years in Prison,”N. Y. Times, April 14, 1999, at A1.
18.
ThoreauH. D., Political Writings, RosenblumNancy L., ed. (New York: Cambridge University Press, 1996).
19.
See 42 U.S.C. § § 1320A-7b.
20.
See American Medical Association's Code of Medical Ethics, Sec. E-102, in Code of Medical Ethics: Annotated Current Opinions Including Principles of Medical Ethics, Fundamental Elements of the Physician-Patient Relationship and Rules of the Council on Ethical and Judicial Affairs (Chicago: American Medical Association, 2004).
21.
Id.
22.
See MeierD. E.EmmonsC.QuillT., and CasselC. K., “A National Survey of Physician-Assisted Suicide and Euthanasia in the United States,”New England Journal of Medicine338 (1998): 1193–1201.
