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Organ Donation

Organ Donation. NATIONAL ORGAN WAITING LIST-- UNOS 10/19/99. Size of Organ Waiting List at Years’ Ending-1988-1997. Supply-Demand Gap for Kidneys 1988-1996. Gap Between Donors and Persons on the Waiting List. Strunk v. Strunk; In re Pescinski. What are the facts of these cases?

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Organ Donation

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  1. Organ Donation

  2. NATIONAL ORGAN WAITING LIST-- UNOS 10/19/99

  3. Size of Organ Waiting List at Years’ Ending-1988-1997

  4. Supply-Demand Gap for Kidneys1988-1996

  5. Gap Between Donors and Persons on the Waiting List

  6. Strunk v. Strunk; In re Pescinski • What are the facts of these cases? • What test does court adopt to resolve the issue in the case? • What is the view of the dissents?

  7. Problem on Page 731 • Law vs. Ethics

  8. In re TACP • What are the facts of this case? • What standard does the court employ to determine whether to expand the common law? Page 738, note 1. • Isn’t there a public necessity grounds here? • Note 2, Page 739. Is their a principled difference between permitting organ retrieval from anencephalic infants now and permitting the retrieval from dead persons 20 years ago?

  9. State v. Powell & Brotherton v. Cleveland • What do these cases hold? • Do the cases permit removal of solid organs: • From cadavers in the medical examiner’s possession? • From other cadavers? • Do family members have a property right in the loved one’s remains? • Would the the Powell taking analysis permit a state to pass a law confiscating all organs at a person’s death?

  10. McFall v. Shimp • What are the facts of this case? • At many levels this is an easy case. Why?

  11. Presumed Consent • What is this? • In light of the small numbers of persons signing donor cards, is this concept well-named? • If we allow autopsies without permission, why not permit organ removal with permission? • Would presumed consent be constitutional assuming an “opt out” system?

  12. Head v. Colloton, pat 753 • What are the facts of this case? • Is the court’s concern legitimate? • What do cases like McFall and Head say about our society? • Is giving blood or an organ so coercive? Isn’t paying taxes more coercive?

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