Law Commons^™

Stealing Organs?, Benjamin Mcmichael

Indiana Law Journal

Every nine minutes, a new person joins a waitlist for an organ transplant, and every day, seventeen people die waiting for an organ that will never come. Because the need for organ transplants far outstrips the number of available organs, the policies and rules governing organ allocation in the United States are critically important and highly contentious. Recently, proponents of a new allocation system—one focused more on sharing organs across the nation instead of allocating organs primarily to local transplant candidates—have gained ground. Bolstered by two separate lawsuits in the past five years, advocates of greater national sharing have succeeded …

Human Organs Transplantation From Jurisprudence View- نقل وزراعة الأعضاء البشرية في الميزان الشرعي

UAEU Law Journal

The researcher tackles a widely conflicting topic by jurisprudents, a case which opens doors widely for

Discussions. His research covers the following:

1. The Right and its Divisions.
2. Donation of organs and jurisprudence principles.
3. Transfer of organs from the dead.
4. opposers allegations and refutation thereof.

He quoted evidences from Holy Quran, Sunnah and jurisprudents explaining jurisprudential principles related to the subject & finally ends up with his conclusions.

Don't Go Breakin' My (3d Bioprinted) Heart: Dissecting Patentability And Regulation Of 3d Bioprinted Organs, Anna Marie Whitacre

Journal of Intellectual Property Law

In light of the growing realism of 3D bioprinted organs, legal issues arising from these concerns can easily bleed into our society. This bleeding demands exploration. Should 3D bioprinted organs be regulated as natural organs or as medical devices? Are 3D bioprinted organs patentable? What happens if a 3D bioprinted organ is subject to a successful patent infringement suit? Does the recipient face a Repo Men fate?

The beginning of this note dissects the scientific underpinnings of 3D bioprinted organs. Part II explores statutory authority and controlling, or otherwise persuasive, case law that pertains to subject-matter patentability. Current rights associated …

And Miles To Go Before I Sleep: The Future Of End-Of-Life Law And Policy In Canada, Jocelyn Downie

Dalhousie Law Journal

This paper reviews the legal status of a number ofend-of-life law and policy issues that have, to date, been overshadowed by debates about medical assistance in dying. It suggests that law reform is needed in relation to palliative sedation without artificial hydration and nutrition, advance directives for the withholding and withdrawal of oral hydration and nutrition, unilateral withholding and withdrawal of potentially life-sustaining treatment, and the determination of death. To leave the law in its current uncertain state is to leavepatients vulnerable to having no access to interventions that they want or at the other extreme, being forced to receive …

"Transplanting" Organ Donors With Printers: The Legal And Ethical Implications Of Manufacturing Organs, Katherine A. Smith

Akron Law Review

Three-dimensional (3D) printing is no longer restricted to simple inanimate objects; that conjecture is a thing of the past. With advancements in many areas of science, living tissues and organs can now be printed through a technique called 3D bioprinting. This technology could potentially save the lives of the 120,000 Americans in need of an organ transplant. However, whether or not a 3D bioprinted organ qualifies as a “human organ” under the National Organ Transplant Act (NOTA) and whether 3D bioprinted organs require federal approval could either delay or completely bar this technology’s promise. The Ninth Circuit’s Flynn v. Holder …

Embracing The Commodification Of Human Organs: Transplantation And The Freedom To Sell Body Parts, Mark J. Cherry

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Show Me The Money: Making Markets In Forbidden Exchange, Kimberly D. Krawiec

Kimberly D. Krawiec

As your parents doubtless told you, money can’t buy everything. Nearly all cultures reserve certain items, activities, and entitlements as inalienable for profit. It would be incorrect to assume, however, that the individual mental accounting, social norms, and laws regarding the proper scope of commercial activity are universal, preordained, or inflexible. In fact, researchers across disciplines have demonstrated both the malleability and context-dependency of individual mental accounting, and the socially constructed nature of relational boundaries and the accepted means of exchange within them, which vary across time and cultures. Moreover, technological innovation, social or political change, or other developments may …

Organs Misused And Used: A Comment On The Sole Organ Problem, Martin S. Flaherty

Saint Louis University Law Journal

No abstract provided.

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 …

Increasing The Supply Of Organs In Transplantation Through Paired Organ Exchanges, Michael T. Morley

Scholarly Publications

No abstract provided.

Rethinking The Prohibition Of Death Row Prisoners As Organ Donors: A Possible Lifeline To Those On Organ Donor Waiting Lists., Donny J. Perales

St. Mary's Law Journal

Organ transplantation continually brings hope and new life to thousands of patients suffering from a myriad of diseases. Despite the advances in medical science and the increased survival rates of organ recipients, many are unable to receive an organ transplant because the demand for organs drastically exceeds the available supply. Much of the organ deficit lies in the current system of organ procurement. The altruism-based organ system leaves the donative decision to the individual; however, it is this system which hinders effective organ procurement. Under this system, the donor must give prior consent before a doctor can remove any organ. …