Immortality and the Law : The Rising Power of the American Dead

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Format: Trade Paper
Pub. Date: 2011-06-28
Publisher(s): Yale University Press
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Summary

This book takes a riveting look at how the law responds to that distinctly American dream of immortality. While American law provides virtually no protections for the interests we hold most dear--our bodies and our reputations--when it comes to property interests, the American dead have greater control than anywhere else in the world. Moreover, these rights are growing daily. From grave robbery to Elvis impersonators, Madoff shows how the law of the dead has a direct impact on how we live. Madoff examines how the rising power of the American dead enables the deceased to exert control over their wealth forever through grandiose schemes like "dynasty trusts" and perpetual private charitable foundations and to control their creative works and identities well into the unforeseeable future. Madoff explores how the law of the dead can, in essence, extend the reach of life by granting virtual immortality to individuals. All of this comes, Madoff contends, at real costs imposed on the living.

Author Biography

Ray D. Madoff is a professor at Boston College Law School. She is the lead author of Practical Guide to Estate Planning and has written in a wide variety of areas involving property and death.

Table of Contents

Acknowledgmentsp. ix
Introduction: The Law of the Deadp. 1
Controlling the Bodyp. 12
Controlling Property (Part 1): Transfers to Peoplep. 57
Controlling Property (Part 2): Transfers for Charitable or Other Purposesp. 86
Controlling Reputationp. 119
Conclusionp. 152
Notesp. 157
Indexp. 183
Table of Contents provided by Ingram. All Rights Reserved.

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