1. Many people argue that, as an ethical matter, everyone should have a "right to health care." As a matter of good health policy, should that ethical right be translated into a legal duty on the part of specific health care providers to care for particular patients? How should that legal duty be defined and enforced?
2. Why do the courts generally disfavor exculpatory clauses/waivers of liability in the medical context but they generally uphold such waivers in other contexts (e.g., recreational activities)? Do you agree with the prevailing judicial orientation in this regard?