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…