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Author: Tanya Marsh
Publisher:
ISBN: 9781936360291
Category : Law
Languages : en
Pages :
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Book Description
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
Author: Tanya Marsh
Publisher:
ISBN: 9781936360291
Category : Law
Languages : en
Pages :
Get Book Here
Book Description
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
Author: Fiona Batt
Publisher: Routledge
ISBN: 1000427471
Category : Law
Languages : en
Pages : 187
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Book Description
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.
Author: Margaret Clegg
Publisher: Cambridge University Press
ISBN: 1107098386
Category : Art
Languages : en
Pages : 185
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Book Description
Highlights the importance of best practice in dealing with human remains, and discusses the key ethical and legal issues.
Author: Nicholas Marquez-Grant
Publisher: Taylor & Francis
ISBN: 1136879560
Category : Law
Languages : en
Pages : 786
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Book Description
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.
Author: Edward W. Killam
Publisher: Charles C Thomas Publisher
ISBN: 0398074836
Category : Law
Languages : en
Pages : 293
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Book Description
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.
Author: Jean-Marc Dreyfus
Publisher: Manchester University Press
ISBN: 178499197X
Category : Social Science
Languages : en
Pages : 285
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Book Description
This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. Human remains and identification presents a pioneering investigation into the practices and methodologies used in the search for and exhumation of dead bodies resulting from mass violence. Previously absent from forensic debate, social scientists and historians here confront historical and contemporary exhumations with the application of social context to create an innovative and interdisciplinary dialogue, enlightening the political, social and legal aspects of mass crime and its aftermaths. Through a ground-breaking selection of international case studies, Human remains and identification argues that the emergence of new technologies to facilitate the identification of dead bodies has led to a "forensic turn", normalising exhumations as a method of dealing with human remains en masse. However, are these exhumations always made for legitimate reasons? Multidisciplinary in scope, this book will appeal to readers interested in understanding this crucial phase of mass violence's aftermath, including researchers in history, anthropology, sociology, forensic science, law, politics and modern warfare. The research program leading to this publication has received funding from the European Research Council under the European Union's Seventh Framework Programme (FP/2007-2013) / ERC Grant Agreement n° 283-617.
Author: Norman L. Cantor
Publisher: Georgetown University Press
ISBN: 1589017137
Category : Medical
Languages : en
Pages : 384
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Book Description
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.
Author: Tanya Marsh
Publisher:
ISBN: 9780837740003
Category : Burial laws
Languages : en
Pages :
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Book Description
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.
Author: Tiffany Jenkins
Publisher: Routledge
ISBN: 1136897860
Category : Art
Languages : en
Pages : 185
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Book Description
An examination of the construction of contestation over human remains from a sociological perspective, this work advances an emerging area of academic research, setting the terms of debate, synthesizing disparate ideas, & making sense of a broader cultural focus on dead bodies in the contemporary period.
Author: Andrew Rebmann
Publisher: CRC Press
ISBN: 9781420039634
Category : Law
Languages : en
Pages : 232
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Book Description
Intended for those who train and handle cadaver dogs, this book also encompasses information for those who work closely with them, such as police, death investigators, and anthropologists. Its interdisciplinary approach is useful to any member of a forensic team who regularly participates in or evaluates the results of the human remains search effort. Cadaver Dog Handbook sets out the principles and procedures for the training and handling of dogs for the location of human remains. It explains scent theory and its applications, introduces basic training and searching strategies/tactics, and covers the legal and taphonomic issues associated with dog searches. Intended for those who train and handle cadaver dogs, this book also encompasses information for those who work closely with them, such as police, death investigators, and anthropologists. Its interdisciplinary approach is useful to any member of a forensic team who regularly participates in or evaluates the results of the human remains search effort.
