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7
Moore v. Regents
a. Conflict between individual and community
b. Society or law’s job to determine property right in body parts?
-Health and safety statute- no right to keep cells
-Make illegal for insurance to support transplant post op (Israel)?
c. Right to Transfer
-only doctors have right to transfer once cells disengaged from body b/c of public policy
d. Locke- where does raw material stop and labor begin?
e. First capture? P v. P→ anyone’s property after removal?
e. What body part can you sell?
-Replenishable (blood, sperm)
-Paid for time spent, not actual material
f. Contradiction- you are so unique we can make billions, but you are so average that you have no property right
Dissent-
-There is a market, money is being made- who gets $$$?
-Why can’t patients have same interest as doctors?
b. Society or law’s job to determine property right in body parts?
-Health and safety statute- no right to keep cells
-Make illegal for insurance to support transplant post op (Israel)?
c. Right to Transfer
-only doctors have right to transfer once cells disengaged from body b/c of public policy
d. Locke- where does raw material stop and labor begin?
e. First capture? P v. P→ anyone’s property after removal?
e. What body part can you sell?
-Replenishable (blood, sperm)
-Paid for time spent, not actual material
f. Contradiction- you are so unique we can make billions, but you are so average that you have no property right
Dissent-
-There is a market, money is being made- who gets $$$?
-Why can’t patients have same interest as doctors?
