| "No compensation" or "pro compensation": Moore v. Regents and default rules for human tissue donations. | |
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MedLine Citation:
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PMID: 17549930 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
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The much studied case of Moore v. Regents of the University of California is often considered important in property law for denying property rights in human tissue. This widespread misunderstanding of Moore has not only misplaced the legal emphasis of human tissue donations on property law instead of contract law, but has also hindered the creation of a much-needed default rule governing the issue of compensation for donated tissue. While it is possible that the majority of donors rarely consider compensation as an incentive to donate, without a legally recognized default rule the law remains blurred as to what contractual provisions apply to the exchange between donor and researcher. This Article argues that the solution is a weak default rule of no compensation that may be overridden by evidence that the parties intended otherwise. |
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Authors:
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Russell Korobkin |
Publication Detail:
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Type: Journal Article; Legal Cases; Research Support, Non-U.S. Gov't |
Journal Detail:
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Title: Journal of health law Volume: 40 ISSN: 1526-2472 ISO Abbreviation: J Health Law Publication Date: 2007 |
Date Detail:
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Created Date: 2007-06-06 Completed Date: 2007-07-10 Revised Date: 2007-11-15 |
Medline Journal Info:
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Nlm Unique ID: 100883816 Medline TA: J Health Law Country: United States |
Other Details:
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Languages: eng Pagination: 1-27 Citation Subset: H |
Affiliation:
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UCLA School of Law, USA. |
Export Citation:
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APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
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Adult Biotechnology / economics* Blood Cells California Compensation and Redress / legislation & jurisprudence* Contracts / legislation & jurisprudence Humans Leukemia, Hairy Cell / pathology Male Motivation Ownership / economics, legislation & jurisprudence* Patents as Topic / legislation & jurisprudence Research Support as Topic / economics* Tissue Donors / legislation & jurisprudence* Tissue and Organ Procurement / economics, legislation & jurisprudence* |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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