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Health Law and Policy

Cleveland State University

Property

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Full-Text Articles in Law

Redefining Stewardship Over Body Parts , Elizabeth E. Appel Blue Jan 2008

Redefining Stewardship Over Body Parts , Elizabeth E. Appel Blue

Journal of Law and Health

This paper proposes one possible avenue for defining a framework to address body parts. I begin with the presumption that given the increasing use of body parts outside of our bodies, either after death or during life, society requires a framework with institutions and rules to govern our body parts. Yet there is no settled framework. Much of the controversy over differing approaches stems from whether people should be able to sell body parts. Thus, each potential framework implicitly addresses the question of monetary value. While multiple possibilities exist, the predominant models are (1) property, most often meaning ownership that …


Widow And The Sperm: The Law Of Post-Mortem Insemination, E. Donald Shapiro, Benedene Sonnenblick Jan 1986

Widow And The Sperm: The Law Of Post-Mortem Insemination, E. Donald Shapiro, Benedene Sonnenblick

Journal of Law and Health

Just as there are moral and ethical implication in permitting the widow to use a sperm deposit for AIH, so are there moral and ethical implications in denying her this privilege. What is the rationale behind denying a widow access to that which would only be discarded? Suppose the sperm, rather than be discarded, were to be designated that of an unknown donor to be used in AID? If unmarred women have the right to procreate even using known donor sperm, what is the reason for prohibiting a woman to choose to be inseminated with the sperm of a man …