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Legal Issues in Cremation
Annotated Bibliography
The sources listed in this annotated bibliography provide a beginning body of information about the legal issues that emerge when a cremation is not carried out according to the wishes of the family or the deceased. The resources provide information about failed cremation that was due to negligence on the part of the official licensed to provide cremation services.
Two of the research questions are: What are the regulations about licensing and inspections of crematoria in various states? In which states does the law make it crime to negligently dispose of a body?
Gilligan, T.S. (2013, November 15). Hawaii Adopts NFDA's Model Right of Disposition Law. The Director. National Funeral Directors Association (NFDA). Retrieved
http://nfda.org/government-relations-/current-funeral-service-issues/3824-hawaii-adopts-nfdas-model-right-of-disposition-law.html
This article is useful as it explains the legal problems that can emerge when a state (such as Alaska and Hawaii) do not have a right of disposition law. Specifically, the article states that crematories...
The law also "addresses the issue of unclaimed cremated remains by giving a funeral home, crematory or cemetery in possession of unclaimed cremated remains the authority to dispose of them sixty days after the cremation takes place."
Tri State Crematory Master Complaint U.S. District Court ND GA Retrieved http://www.legaleaseus.com/cmsAdmin/uploads/1_2002_09_27_Master_Complaint.pdf
The Tri-State Crematory case brought an historic legal issue into the public arena. This is one of a collection of pleadings that, although they are not truly legal forms, convey an accounting of case development, presents the underlying legal arguments, facts, and theories presented in court. The transcripts in this and other pleadings in this case serve as explanation for how the legal system addressed a substantive and unusual court case.
____. (2014). Burial Rights, Corpse. Retrieved http://legaldictionary.thefreedictionary.com/Burial+Rights
This…
Goldwasser, J.W. (Rabbi (2014). How can a Jewish cemetery permit the burial of cremated ashes on sacred ground? About.com.
This is an informative article on cremation under Jewish law. Most traditional authorities forbid the burial of ashes in a Jewish cemetery because it encourages the practice of cremation. Some traditional authorities do allow ashes to be interned because to deny burial would itself be a violation of the command to bury.
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Life and Death: The Life Support Dilemma by Kenneth E. Schemmer M.D Kenneth Schemmer in his thorough, thought provoking book brings to life the controversial subject of the life support issue. For years, many all over the country have pondered, "What if a person were in some kind of an accident and the physicians told them that they were not going to make it?" And all that he or she
While various types of medical/religious practice had long attempted to prolong life, the emphasis of these efforts beginning during this period was placed on forestalling death. Views of Death in the Modern Era The trends that began in the Renaissance and Enlightenment periods continued into the modern era, and though the increased rationalism and emphasis on the scientific method and imperial fact served society well in many ways, this has not