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Full-Text Articles in Law
No Value For A Pound Of Flesh: Extending Marketinalienability Of The Human Body, Andrew Wancata
No Value For A Pound Of Flesh: Extending Marketinalienability Of The Human Body, Andrew Wancata
Journal of Law and Health
In the United States and many countries throughout the world, selling non-regenerative organs for monetary gain constitutes a serious criminal offense. Notwithstanding this strong ban on the sale of organs, United States citizens are permitted to sell other "parts" of their bodies, including blood, sperm, and eggs ("ova"), for market value because current statutes do not consider reproductive cells and other regenerative tissue "organs" or even within the ambit of "parts." Rather, in most contexts, regenerative cells and tissue are though of as "products" of the human body. In fact, the United States remains one of only a few industrialized …
Chazakah: Judaic Law's Non-Adverse Possession, Joshua A. Klarfeld
Chazakah: Judaic Law's Non-Adverse Possession, Joshua A. Klarfeld
Cleveland State Law Review
This article questions the current doctrine of adverse possession. Rather than viewing adverse possession as a method of acquiring land, adverse possession should instead create a rebuttable presumption of ownership. Section II of this article describes adverse possession and outlines its elements. This section, in describing how the doctrine works, provides a framework for discussing how and why the law should change. Section III of this article describes chazakah. Unlike adverse possession, chazakah serves not as a tool by which a person acquires land, but instead creates a presumption of ownership. The true owner, however, may rebut that presumption. Chazakah …