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Living with the Dead
This book explores the moral place of the dead in our lives and in our afterlives. It argues that our lives are saturated by the past intentions and values of the dead, and that we offer the dead a form of modest immortality by fulfilling our obligations to remember them. In the first part of the book, the author examines the scope and limits of our obligations to the dead. Our obligations to respect the wishes of the dead are more substantial than commonly acknowledged, but they can be overridden in a range of cases when they conflict with the vital interests of the living, such as in organ donation and wealth inheritance. By contrast, the author contends that the obligation to remember, at...
Immortality and the Law
This book takes a riveting look at how the law responds to that distinctly American dream of immortality. While American law provides virtually no protections for the interests we hold most dear—our bodies and our reputations—when it comes to property interests, the American dead have greater control than anywhere else in the world. Moreover, these rights are growing daily. From grave robbery to Elvis impersonators, Madoff shows how the law of the dead has a direct impact on how we live. Madoff examines how the rising power of the American dead enables the deceased to exert control over their wealth forever through grandiose schemes like "dynasty trusts" and perpetual private charitable foundations and to control their creative works and identities well into the unforeseeable future. Madoff explores how the law of the dead can, in essence, extend the reach of life by granting virtual immortality to individuals. All of this comes, Madoff contends, at real costs imposed on the living.
The Global Body Market
Black and gray markets for body parts are illegal, but also pioneering and inventive. Although this type of criminal activity requires dexterity and innovation, these markets thrive and flourish, sometimes in view of law. On the other hand, altruistic procurement is mired by low participation, which encourages black market transactions. Thousands of patients die each year waiting for an organ or bone marrow donation through the altruistic procurement system, so some turn to the dark side. This book offers a frank discussion of altruism in the global body market. It exposes how researchers exploit their patients' ignorance to harvest tissue samples, blood, and other biologics without consent, chronicles exploitation in the name of altruism, including the non-consensual use of children in dangerous clinical trials, and analyzes social and legal commitments to the value of altruism - offering an important critique of the vulnerability of altruism to corruption, coercion, pressure, and other negative externalities.
Born on Third Base
As heard on NPR's Fresh Air "This empowering light into a brighter future is a narrative you won’t want to miss." – Ralph Nader "Collins not only talks the talk but walks the walk...this is a worthwhile book to read, digest, and share" – Publishers Weekly An essential piece of reading for anyone concerned by the increasing wealth inequality–made worse by the global pandemic and political partisanship The growing wealth inequality continues to dominate headlines. The divide between the haves and have nots in America is increasingly political and tensions are rising. On one side, the wealthy wield power and advantage, keeping the system operating in their favor―all while retreating i...
Children's Understanding of Death
In order to understand how adults deal with children's questions about death, we must examine how children understand death, as well as the broader society's conceptions of death, the tensions between biological and supernatural views of death and theories on how children should be taught about death. This collection of essays comprehensively examines children's ideas about death, both biological and religious. Written by specialists from developmental psychology, pediatrics, philosophy, anthropology and legal studies, it offers a truly interdisciplinary approach to the topic. The volume examines different conceptions of death and their impact on children's cognitive and emotional development and will be useful for courses in developmental psychology, clinical psychology and certain education courses, as well as philosophy classes - especially in ethics and epistemology. This collection will be of particular interest to researchers and practitioners in psychology, medical workers and educators - both parents and teachers.
No Such Thing as a Free Gift
The charitable sector is one of the fastest-growing industries in the global economy. Nearly half of the more than 85,000 private foundations in the United States have come into being since the year 2000. Just under 5,000 more were established in 2011 alone. This deluge of philanthropy has helped create a world where billionaires wield more power over education policy, global agriculture, and global health than ever before. In No Such Thing as a Free Gift, author and academic Linsey McGoey puts this new golden age of philanthropy under the microscope-paying particular attention to the Bill and Melinda Gates Foundation. As large charitable organizations replace governments as the providers of social welfare, their largesse becomes suspect. The businesses fronting the money often create the very economic instability and inequality the foundations are purported to solve. We are entering an age when the ideals of social justice are dependent on the strained rectitude and questionable generosity of the mega-rich.
For-profit Philanthropy
Elite philanthropy has produced countless essential features of modern life. Today, for-profit philanthropic innovations like donor-advised funds threaten its future. In For-Profit Philanthropy, Dana Brakman Reiser and Steven A. Dean reveal that philanthropy law has operated as strategic compromise, binding ordinary Americans and elites together in a common purpose. The authors start with an overview of the size and role of the philanthropic sector in the United States and then discuss changes in the regulatory environment that has facilitated new forms of philanthropic organizations. Private ordering, targeted regulation, or a new strategic bargain could strike a modern balance, preserving the benefits of the Grand Bargain's partnership between the modest and the mighty, and this book offers a detailed roadmap to show how it can be accomplished.
Charity Law and Accumulation
An evaluation of intergenerational justice in charity law.
The Eureka Myth
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 ...
The Tyranny of Generosity
The Tyranny of Generosity investigates what democracy demands from philanthropic giving and the policies that structure it. Drawing on political philosophy but addressed to a wide audience, it sheds new light on how philanthropy can both frustrate and facilitate democratic ideals. The author evaluates the respective roles of philanthropy and government, public subsidies for private giving, the use of donations for political speech, instruments of perpetual giving, the rise in giving by commercial corporations, and "effective altruism" as a guide for individual giving. Written accessibly, it is a book for anyone who's ever had mixed feelings about clicking the "donate" button or thanking a benefactor.
