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The Law And The Dead

Author: Heather Conway
Publisher: Routledge
ISBN: 1317964330
Size: 59.49 MB
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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.

Choreographing Copyright

Author: Anthea Kraut
Publisher: Oxford University Press
ISBN: 0199360383
Size: 61.67 MB
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Choreographing Copyright is a new historical and cultural analysis of U.S. dance-makers' investment in intellectual property rights. Stretching from the late nineteenth century to the early twenty-first, the book reconstructs efforts to win copyright protection for choreography and teases out their raced and gendered politics, showing how dancers have embraced intellectual property rights as a means to both consolidate and contest racial and gendered power. A number of the artists featured in the book are well-known in the history of American dance, including Loie Fuller, Hanya Holm, and Martha Graham, Agnes de Mille, and George Balanchine. But the book also uncovers a host of marginalized figures--from the South Asian dancer Mohammed Ismail, to the African American pantomimist Johnny Hudgins, to the African American blues singer Alberta Hunter, to the white burlesque dancer Faith Dane--who were equally interested in positioning themselves as subjects rather than objects of property. Drawing on critical race and feminist theories and on cultural studies of copyright, Choreographing Copyright offers fresh insight into the raced and gendered hierarchies that govern the theatrical marketplace, white women's historically contingent relationship to property rights, legacies of ownership of black bodies and appropriation of non-white labor, and the tension between dance's ephemerality and its reproducibility.

The Eureka Myth

Author: Jessica Silbey
Publisher: Stanford University Press
ISBN: 0804793530
Size: 47.85 MB
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Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities. Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.

Dead Hands

Author: Lawrence M. Friedman
Publisher: Stanford University Press
ISBN: 9780804771085
Size: 34.28 MB
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The law of succession rests on a single brute fact: you can't take it with you. The stock of wealth that turns over as people die is staggeringly large. In the United States alone, some $41 trillion will pass from the dead to the living in the first half of the 21st century. But the social impact of inheritance is more than a matter of money; it is also a matter of what money buys and brings about. Law and custom allow people many ways to pass on their property. As Friedman's enlightening social history reveals, a decline in formal rules, the ascendancy of will substitutes over classic wills, social changes like the rise of the family of affection, changing ideas of acceptable heirs, and the potential disappearance of the estate tax all play a large role in the balance of wealth. Dead Hands uncovers the tremendous social and legal importance of this rite of passage, and how it reflects changing values and priorities in American families and society.

Defaming The Dead

Author: Don Herzog
Publisher: Yale University Press
ISBN: 030022771X
Size: 76.85 MB
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Do the dead have rights? In a persuasive argument, Don Herzog makes the case that the deceased’s interests should be protected This is a delightfully deceptive works that start out with a simple, seemingly arcane question—can you libel or slander the dead?—and develops it outward, tackling larger and larger implications, until it ends up straddling the borders between law, culture, philosophy, and the meaning of life. A full answer to this question requires legal scholar Don Herzog to consider what tort law is actually designed to protect, what differences death makes—and what differences it doesn’t—and why we value what we value. Herzog is one of those rare scholarly writers who can make the most abstract argument compelling and entertaining.

The Death Of Death

Author: Neil Gillman
Publisher: Jewish Lights Publishing
ISBN: 1580230814
Size: 18.14 MB
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Combines astute scholarship with keen historical, theological and liturgical insights to outline the evolution of Jewish thought about bodily resurrection and spiritual immortality. A strikingly innovative statement on resurrection and immortality

The Immortal Irishman

Author: Timothy Egan
Publisher: Houghton Mifflin Harcourt
ISBN: 0544272471
Size: 10.63 MB
Format: PDF, Kindle
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"An old-fashioned tale of tall talk, high ideals,and irresistible appeal . . . You will not read a historical thriller like this all year . . . [Egan] is a master storyteller." —Boston Globe “Egan has a gift for sweeping narrative . . . and he has a journalist’s eye for the telltale detail . . . This is masterly work.” — New York Times Book Review In this exciting and illuminating work, National Book Award winner Timothy Egan delivers a story, both rollicking and haunting, of one of the most famous Irish Americans of all time. A dashing young orator during the Great Hunger of the 1840s, Thomas Francis Meagher led a failed uprising against British rule, for which he was banished to a Tasmanian prison colony for life. But two years later he was “back from the dead” and in New York, instantly the most famous Irishman in America. Meagher’s rebirth included his leading the newly formed Irish Brigade in many of the fiercest battles of the Civil War. Afterward, he tried to build a new Ireland in the wild west of Montana—a quixotic adventure that ended in the great mystery of his disappearance, which Egan resolves convincingly at last. “This is marvelous stuff. Thomas F. Meagher strides onto Egan's beautifully wrought pages just as he lived—powerfully larger than life. A fascinating account of an extraordinary life.” — Daniel James Brown, author of The Boys in the Boat “Thomas Meagher’s is an irresistible story, irresistibly retold by the virtuosic Timothy Egan . . . A gripping, novelistic page-turner.” — Wall Street Journal

The Morality Of Consent

Author: Alexander M. Bickel
Publisher: Yale University Press
ISBN: 9780300021196
Size: 15.40 MB
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Contrasts liberal views in the tradition of John Locke with conservative Whig attitudes as personified by Edmund Burke in a consideration of moral duty and civil disobedience

Being Mortal

Author: Atul Gawande
Publisher: Metropolitan Books
ISBN: 1627790551
Size: 65.17 MB
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In Being Mortal, bestselling author Atul Gawande tackles the hardest challenge of his profession: how medicine can not only improve life but also the process of its ending Medicine has triumphed in modern times, transforming birth, injury, and infectious disease from harrowing to manageable. But in the inevitable condition of aging and death, the goals of medicine seem too frequently to run counter to the interest of the human spirit. Nursing homes, preoccupied with safety, pin patients into railed beds and wheelchairs. Hospitals isolate the dying, checking for vital signs long after the goals of cure have become moot. Doctors, committed to extending life, continue to carry out devastating procedures that in the end extend suffering. Gawande, a practicing surgeon, addresses his profession's ultimate limitation, arguing that quality of life is the desired goal for patients and families. Gawande offers examples of freer, more socially fulfilling models for assisting the infirm and dependent elderly, and he explores the varieties of hospice care to demonstrate that a person's last weeks or months may be rich and dignified. Full of eye-opening research and riveting storytelling, Being Mortal asserts that medicine can comfort and enhance our experience even to the end, providing not only a good life but also a good end.