The Law of Human Remains


Book Description

Human remains occupy an uneasy position in U.S. law. A human cadaver is no longer a person, but neither is it an object to be easily discarded. What, if anything, must be done with human remains? What cannot be done with human remains? What should be done with human remains? Before we can critique the law of human remains, we must first understand what the law is. In "The Law of Human Remains," Tanya Marsh, a nationally recognized expert in the law of human remains and cemetery law, collects, organizes, and states the legal rules and principles regarding the status, treatment, and disposition of human remains in the United States so that attorneys and courts can more easily discover, understand, use, and ultimately critique and reform the law. Part I establishes an analytical framework for the law of human remains and presents an overview of significant doctrines. Part II provides a state-by-state summary of the common and statutory law examined in Part I. This book is designed




The Law and the Dead


Book Description

The fate of the dead is a compelling and emotive subject, which also raises increasingly complex legal questions. This book focuses on the substantive laws around disposal of the recently deceased and associated issues around their post-mortem fate. It looks primarily at the laws in England and Wales but also offers a comparative approach, drawing heavily on material from other common law jurisdictions including Australia, New Zealand, Canada and the United States. The book provides an in-depth, contextual and comparative analysis of the substantive laws and policy issues around corpse disposal, exhumation and the posthumous treatment of the dead, including commemoration. Topics covered include: the legal frameworks around burial, cremation and other disposal methods; the hierarchy of persons who have a legal duty to dispose of the dead and who are entitled to possession of the deceased’s remains; offences against the dead; family burial disputes, and the legal status of burial instructions; the posthumous use of donated bodily material; and the rules around disinterment, and creating an appropriate memorial. A key theme of the book will be to look at the manner in which conflicts involving the dead are becoming increasingly common in secular, multi-cultural societies where the traditional nuclear family model is no longer the norm, and how such legal contests are resolved by courts. As the first comprehensive survey of the laws in this area for decades, this book will be of use to academics, lawyers and judges adjudicating on issues around the fate of the dead, as well as the death industry and funeral service providers.




The Future of the Corpse


Book Description

This book reviews the spectrum of death, from when the living person turns to corpse until the person lives in the memory of mourners, and its impact on the ecology of the socio-cultural community and physical environment. This book demonstrates that American society today is in a pivotal period for re-imaging end-of-life care, funerary services, human disposition methods, memorializing, and mourning. The editors and contributors outline the past, present, and future of death care rituals, pointing to promising new practices and innovative projects that show how we can better integrate the dying and dead with the living and create positive change that supports sustainable stewardship of our environment. Individual chapters describe prevailing practices and issues in different settings where people die and in postmortem rituals; disposition and current ecologically and, in urban areas, spatially unsustainable methods; law of human remains; customs and trends among key stakeholders, such as cemeteries and funeral directors; and relevant technological advances. The book culminates in a presentation of emerging sustainable disposition technologies and innovative designs for proposed public memorial projects that respond to shifting values, beliefs, and priorities among an increasingly diverse population.




Defaming the Dead


Book Description

Do the dead have rights? In a persuasive argument, Don Herzog makes the case that the deceased’s interests should be protected This is a delightfully deceptive works that start out with a simple, seemingly arcane question—can you libel or slander the dead?—and develops it outward, tackling larger and larger implications, until it ends up straddling the borders between law, culture, philosophy, and the meaning of life. A full answer to this question requires legal scholar Don Herzog to consider what tort law is actually designed to protect, what differences death makes—and what differences it doesn’t—and why we value what we value. Herzog is one of those rare scholarly writers who can make the most abstract argument compelling and entertaining.







Loring and Rounds


Book Description

In the 114 years since its first publication, Augustus Peabody Loring 'scompact A Trustee's Handbook has come to be regarded as the mostconvenient, reliable, and complete source for trust research. This classicreference distills the essence of trust law, illuminating thefundamental principles and answering the basic questions:What are the duties of the trustee?What are the rights of the beneficiary?What are the rights of the settlor?What are the rights of third parties involvedLoring and Rounds: A Trustee's Handbook, 2013 Editioncarries on the tradition of concise, practical and up-to-date guidance fortrustees, giving you the latest in-depth information on how to stay on top ofthe developments in this complex field of practice.Loring and Rounds: A Trustee's Handbook is the gold standard andindispensable "go-to" resource for anyone seeking a comprehensive explanationof the vast tapestry of trust law. For over one hundred years it has been thebible for professionals and non-professionals, lawyers and non-lawyers whocreate, administer, and benefit from trusts.Also available on IntelliConnect . Call 888 -224 -7377 for moreinformation.







After We Die


Book Description

What will become of our earthly remains? What happens to our bodies during and after the various forms of cadaver disposal available? Who controls the fate of human remains? What legal and moral constraints apply? Legal scholar Norman Cantor provides a graphic, informative, and entertaining exploration of these questions. After We Die chronicles not only a corpse’s physical state but also its legal and moral status, including what rights, if any, the corpse possesses. In a claim sure to be controversial, Cantor argues that a corpse maintains a “quasi-human status" granting it certain protected rights—both legal and moral. One of a corpse’s purported rights is to have its predecessor’s disposal choices upheld. After We Die reviews unconventional ways in which a person can extend a personal legacy via their corpse’s role in medical education, scientific research, or tissue transplantation. This underlines the importance of leaving instructions directing post-mortem disposal. Another cadaveric right is to be treated with respect and dignity. After We Die outlines the limits that “post-mortem human dignity” poses upon disposal options, particularly the use of a cadaver or its parts in educational or artistic displays. Contemporary illustrations of these complex issues abound. In 2007, the well-publicized death of Anna Nicole Smith highlighted the passions and disputes surrounding the handling of human remains. Similarly, following the 2003 death of baseball great Ted Williams, the family in-fighting and legal proceedings surrounding the corpse’s proposed cryogenic disposal also raised contentious questions about the physical, legal, and ethical issues that emerge after we die. In the tradition of Sherwin Nuland's How We Die, Cantor carefully and sensitively addresses the post-mortem handling of human remains.




Under the Rattlesnake


Book Description

For the Cherokee, health is more than the absence of disease; it includes a fully confident sense of a smooth life, peaceful existence, unhurried pace, and easy flow of time. The natural state of the world is to be neutral, balanced, with a similarly gently flowing pattern. States of imbalance, tension, or agitation are indicative of physical, mental, emotional, or spiritual illness and whether caused intentionally through omission or commission, or by outside actions or influences, the result affects and endangers the collective Cherokee. Taking a true anthro.