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The Law Of Human Remains

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The Law Of Human Remains

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Author : Tanya Marsh
language : en
Publisher:
Release Date : 2015-07-11

The Law Of Human Remains written by Tanya Marsh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-11 with Law categories.

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

Ancient Indigenous Human Remains And The Law

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Author : Fiona Batt
language : en
Publisher: Routledge
Release Date : 2021-08-25

Ancient Indigenous Human Remains And The Law written by Fiona Batt and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-25 with Law categories.

Indigenous peoples are increasingly making requests for the return of their ancestors’ human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights. The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.

Disposition Of Human Remains

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Author : Tanya Marsh
language : en
Publisher:
Release Date : 2015

Disposition Of Human Remains written by Tanya Marsh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Burial laws categories.

This guide covers the body of laws governing the status, treatment, and disposition of human remains in the United States. It provides a framework for conceptualizing the law and identifies the major relevant primary and secondary sources. It contains an orientation and summary of the topic, gives a list of the relevant titles and chapters of each state's code, identifies the leading common law cases, and includes categorized lists of secondary sources on general and specific topics related to the disposition of human remains.--Publisher.

Human Remains

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Author : Margaret Clegg
language : en
Publisher: Cambridge University Press
Release Date : 2020-03-12

Human Remains written by Margaret Clegg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-12 with Art categories.

Highlights the importance of best practice in dealing with human remains, and discusses the key ethical and legal issues.

The Routledge Handbook Of Archaeological Human Remains And Legislation

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Author : Nicholas Marquez-Grant
language : en
Publisher: Taylor & Francis
Release Date : 2011-03-21

The Routledge Handbook Of Archaeological Human Remains And Legislation written by Nicholas Marquez-Grant and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-21 with Law categories.

Methodologies and legislative frameworks regarding the archaeological excavation, retrieval, analysis, curation and potential reburial of human skeletal remains differ throughout the world. As work forces have become increasingly mobile and international research collaborations are steadily increasing, the need for a more comprehensive understanding of different national research traditions, methodologies and legislative structures within the academic and commercial sector of physical anthropology has arisen. The Routledge Handbook of Archaeological Human Remains and Legislation provides comprehensive information on the excavation of archaeological human remains and the law through 62 individual country contributions from Europe, Asia, Africa, North America, South America and Australasia. More specifically, the volume discusses the following: What is the current situation (including a brief history) of physical anthropology in the country? What happens on discovering human remains (who is notified, etc.)? What is the current legislation regarding the excavation of archaeological human skeletal remains? Is a license needed to excavate human remains? Is there any specific legislation regarding excavation in churchyards? Any specific legislation regarding war graves? Are physical anthropologists involved in the excavation process? Where is the cut-off point between forensic and archaeological human remains (e.g. 100 years, 50 years, 25 years...)? Can human remains be transported abroad for research purposes? What methods of anthropological analysis are mostly used in the country? Are there any methods created in that country which are population-specific? Are there particular ethical issues that need to be considered when excavating human remains, such as religious groups or tribal groups? In addition, an overview of landmark anthropological studies and important collections are provided where appropriate. The entries are contained by an introductory chapter by the editors which establish the objectives and structure of the book, setting it within a wider archaeological framework, and a conclusion which explores the current European and world-wide trends and perspectives in the study of archaeological human remains. The Routledge Handbook of Archaeological Human Remains and Legislation makes a timely, much-needed contribution to the field of physical anthropology and is unique as it combines information on the excavation of human remains and the legislation that guides it, alongside information on the current state of physical anthropology across several continents. It is an indispensible tool for archaeologists involved in the excavation of human remains around the world.

The Law And The Dead

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Author : Heather Conway
language : en
Publisher: Routledge
Release Date : 2016-04-14

The Law And The Dead written by Heather Conway and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-14 with Law categories.

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.

Recovery Analysis And Identification Of Commingled Human Remains

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Author : Bradley J. Adams
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-02-23

Recovery Analysis And Identification Of Commingled Human Remains written by Bradley J. Adams and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-23 with Medical categories.

Commingling of human remains presents an added challenge to all phases of the forensic process. This book brings together tools from diverse sources within forensic science to offer a set of comprehensive approaches to handling commingled remains. It details the recovery of commingled remains in the field, the use of triage in the assessment of commingling, various analytical techniques for sorting and determining the number of individuals, the role of DNA in the overall process, ethical considerations, and data management. In addition, the book includes case examples that illustrate techniques found to be successful and those that proved problematic.

After We Die

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Author : Norman L. Cantor
language : en
Publisher: Georgetown University Press
Release Date : 2010-11-11

After We Die written by Norman L. Cantor and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-11 with Medical categories.

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.

The Routledge Handbook Of Archaeological Human Remains And Legislation

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Author : Nicholas Marquez-Grant
language : en
Publisher: Routledge
Release Date : 2011-03-21

The Routledge Handbook Of Archaeological Human Remains And Legislation written by Nicholas Marquez-Grant and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-21 with Social Science categories.

The Detection Of Human Remains

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Author : Edward W. Killam
language : en
Publisher: Charles C Thomas Publisher
Release Date : 2004

The Detection Of Human Remains written by Edward W. Killam and has been published by Charles C Thomas Publisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.

This work is intended as a guide to the various methods for locating human remains. Most of the information is applicable to both archaeological and forensic situations. The intended audience is those who become actively involved in the hunt for human bodies, such as historic and prehistoric archaeologists and the law enforcement community, including coroner or medical examiner investigators and search and rescue teams. It contains guidelines for the investigation of missing person or homicide cases which require comprehensive body search planning. The core is a guide to methods requiring comprehensive body search planning.

The Law Of Human Remains

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