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