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Essay Available:
Pages:
9 pages/≈2475 words
Sources:
12 Sources
Style:
MLA
Subject:
Law
Type:
Research Paper
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 46.66
Topic:

Ways to Protect Bodily Rights and Integrity without Relying Solely on Privacy Rights

Research Paper Instructions:

Please read very carefully
Privacy and the Law Research paper syllabus
Format: Standard essay format: double-spaced, 12 point font, 1 inch margins, no “gaps” between paragraphs. Please also include a title page and a works cited page. MLA Style citations . The title page and works cited pages does not count towards the 8 pages.
Instructions (Please read very carefully):
In his treatise “Of Property” (1689), English philosopher John Locke asserted “though the Earth and all inferior creatures be common to all Men, yet every man has a property in his own person. Thus nobody has any right to but himself.” However, as we have discussed in lecture and as seen in our readings, legally speaking, it is not clear whether we do in fact own our bodies. This is made particularly evident in legal cases that have sought to answer complex question such as who owns our bio-specimens, who owns our genome, and who controls commercial products derived from our biomedical research contributions. Your reading by Rao questions the type of autonomy we have in our bodies.
You are to SELECT A LEGAL CASE ( See below:Mcfall v. Shimp 1978) that involves arguments pertaining to ownership of biospecimens and/or genetic material. You are to use your legal case to write an analytical and engaged essay. The primary questions you will be working out through your paper are: 1) Do we have recognizable property rights in our own bodies? 2) Must we rely solely on privacy rights when it comes to issues of protection of bodily integrity? 3) What are some of the ethical issues that are being raised by your chosen case? 4) What are some of the key legal issues that are being raised by your chosen case? You are free to select any relevant case(Mcfall v. Shimp see below) which interests you with the EXCEPTION OF THE MOORE CASE, OR THE CASE OF HENRIETTA LACKS. While you may include a discussion of these cases in your paper, they may not be used as the focus of your discussion.
The chosen legal case and the focus of this paper is Mcfall v. Shimp . The link I have attached is information on the case but feel free to do extra research on the case to give you a better understanding. These are links to give you some information. Just make sure if you get more information, the information is from reliable sources (ei. Not Wikipedia)
https://hulr(dot)org/spring-2021/mcfall-v-shimp-and-the-case-for-bodily-autonomy
https://mega(dot)nz/file/ChwgRZRS#NUQNFVEAVmD_Qt7uR5yoatHhU-VqPVNNWfjoiiLPJMs
The link I have provided for you are completely safe. This is the link we used to share readings and etc. The second link is to download an article which will help you with the legal case.
In addition to your course content ( I have attached some articles to help you out with this, see below) and your chosen legal case, you must also utilize three or more additional pieces of research on this topic. The material you choose for this must be peer reviewed material (i.e. articles in journals).
Course content links ( they are safe links to open this is how we got course readings in class. Flies were to big so had to attach these links)
Dorothy Glancy, The Invention of the Rights of Privacy
https://law(dot)scu(dot)edu/wp-content/uploads/Privacy.pdf
Daniel Solove, Understanding Privacy
https://scholarship(dot)law(dot)gwu(dot)edu/cgi/viewcontent.cgi?article=2075&context=faculty_publications
R. Rao, Property, Privacy and the Human Body
https://repository(dot)uchastings(dot)edu/cgi/viewcontent.cgi?article=1659&context=faculty_scholarship
Smolensky, Rights of The Dead
https://scholarlycommons(dot)law(dot)hofstra(dot)edu/cgi/viewcontent.cgi?article=2461&context=hlr
Calvert, The Privacy of Death
https://digitalcommons(dot)lmu(dot)edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1506&context=elr
Warren and Brandeis, The Rights to Privacy
https://faculty(dot)uml(dot)edu//sgallagher/Brandeisprivacy.htm
I will also attach a word doc with the same information
No plagiarism
Please remember to use the course content and the chosen legal case. Also it's very important that you utilize three or more additional external pieces, these pieces must be peer reviewed.
Lastly please do an analytical and engaging essay about the legal case chosen (Mcfall v. Shimp)and the primary questions (highlighted above). I need to do really well on this paper so please do your best. Thanks so much again for helping me out alot. If you have any questions feel free to message me Thank you very much.

Research Paper Sample Content Preview:
Student’s Name
Instructor’s Name
Course
Date
Privacy and the Law
The need to respect individual autonomy is increasingly being questioned in today’s society, especially when it comes to matters of who owns the body and the extent to which the right to body ownership should be protected. Since society respects individual autonomy, the legal system is also expected to respect individual autonomy and accord property rights to individuals’ bodies. Yet, the question of whether individuals have recognizable rights to their own bodies remains unclear and has raised serious debates. There are also questions of when bodily rights end; do they end in death? As Smolensky (p.763) shares, most legal rules indicate that the dead have no rights, although the decisions made by the dead are respected even after their death, such as organ donation. However, Calvert (p. 134) indicates that there is privacy in death as well and this right to privacy should be protected to not only protect the dead but also their immediate family. A closer look at the protection of bodily rights and integrity shows that privacy rights are central to this protection. This further raises the question of whether there are other ways to protect bodily rights and integrity without relying solely on privacy rights. This paper will analyze and address some of these questions using the McFall v. Shimp legal case as a basis. It will also establish some of the ethical and legal issues that have been raised by the McFall v. Shimp case.
McFall v. Shimp: A Brief Overview
McFall, the plaintiff, had a fatal, rare bone marrow disease and needed a bone marrow transplant to avoid his imminent death. Shimp, who was the defendant and McFall’s cousin, had a highly compatible bone marrow that could save McFall’s life. However, Shimp refused to complete the compatibility test and proceed with donating his bone marrow to save McFall’s life (Ingram, p.2). McFall then sued Shimp for an injunction. He wanted the court to order Shimp to complete the test and donate his bone marrow.
However, the court ruled against him and indicated there were no precedents to support the court in granting the injunction. The court ruled in favor of respect for an individual’s bodily autonomy and sanctity (Ingram, p.3,1). The court further pointed out that the decision to donate the bone marrow was a moral obligation held by the defendant and the court could not compel him to donate his bone marrow. The court believed that compelling Shimp to donate his bone marrow “would change every concept and principle upon which our society is founded (Huffman, p.409).” This case separated legal obligations from moral ones and supported an individual’s right to bodily integrity. This case indicates that individuals have body ownership rights and they have a right to ensure their bodily security.
Bodily Property Rights
The question of whether the human body can be owned has raised debate over the years. As Puchta (p.299) reveals, it has always been assumed that the human body cannot be owned because the common law upholds the no property rule when it comes to the human body. Yet, various court case rulings in the history of body ownership ha...
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