Organ Donation

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Organ Donation
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NATIONAL ORGAN WAITING LIST-- UNOS 10/19/99
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Size of Organ Waiting List at Years
Ending-1988-1997
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Supply-Demand Gap for Kidneys1988-1996
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Gap Between Donors and Persons on the Waiting List
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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?

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Problem on Page 731

• Law vs. Ethics

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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.
• Isnt 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?

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State v. Powell Brotherton v. Cleveland

• What do these cases hold?
• Do the cases permit removal of solid organs
• From cadavers in the medical examiners
  possession?
• From other cadavers?
• Do family members have a property right in the
  loved ones remains?
• Would the the Powell taking analysis permit a
  state to pass a law confiscating all organs at a
  persons death?

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McFall v. Shimp

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

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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?

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Head v. Colloton, pat 753

• What are the facts of this case?
• Is the courts concern legitimate?
• What do cases like McFall and Head say about our
  society?
• Is giving blood or an organ so coercive? Isnt
  paying taxes more coercive?