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The “New Body Snatchers”: Analyzing The Effect Of Presumed Consent Organ Donation Laws On Privacy, Autonomy, And Liberty, Maryellen Liddy
The “New Body Snatchers”: Analyzing The Effect Of Presumed Consent Organ Donation Laws On Privacy, Autonomy, And Liberty, Maryellen Liddy
Fordham Urban Law Journal
This Note examines, in three parts, presumed consent laws as they pertain to organ donation. Part I discusses presumed consent and explains the salient features of presumed consent laws. It then discusses case law that addresses the aftermath of unauthorized organ or tissue harvesting. Part II evaluates the United States Supreme Court's evolving conceptions of the rights of individual and family-based privacy, autonomy, and liberty, for subsequent application to the presumed consent organ donation controversy. Part III analyzes presumed consent laws in light of the donors and their families' privacy, autonomy, and liberty interests. The Note concludes that current presumed …
A Common Law For The Statutory Era: The Right Of Publicity And New York's Right Of Privacy Statute, Frederick R. Kessler
A Common Law For The Statutory Era: The Right Of Publicity And New York's Right Of Privacy Statute, Frederick R. Kessler
Fordham Urban Law Journal
This note compares New York's privacy statute with the common law right of publicity. The article first traces the history of each law, then goes on to compare their effects. The author argues that exploitation of persona warrants judicial recognition of a common law right of publicity in New York, despite the argument that the creation of such a right should be left to the discretion of the legislature.