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Essay Available:
Pages:
8 pages/β‰ˆ2200 words
Sources:
11 Sources
Style:
MLA
Subject:
Law
Type:
Research Paper
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 41.47
Topic:

Ownership of the Body: McFall v Shimp

Research Paper Instructions:

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 in text 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 find and utilize three 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
Please make sure that everything is cited properly and same with the work cited (mla style). Also absolutely no plagiarism
Please remember to use the course content and the chosen legal case. Also it's very important that you find and utilize three additional external pieces, these pieces must be peer reviewed (very important).
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:
Name Prof Course Name 7 July 2022 Ownership of the Body: McFall v Shimp Introduction             In his 1686 treatise "Of Property," John Locke argued that "though the Earth and all inferior creatures are common to all men, yet every man has a property in his person. Thus, nobody has any right to but himself". In other words, human beings do not have the right to property of their bodies. This view has influenced perceptions, theories, and court decisions on cases involving human bodies or body parts. However, based on mixed outcomes of some recent landmark decisions by the American Supreme court and other courts around the world, it appears as though the issue of the human body as a property cannot be separated from the legal concept of privacy. Because of this argument, the current paper draws from McFall v Shimp to answer some of the pertinent questions around body ownership.   McFall v Shimp McFall v Shimp was an equitable action seeking a court order to compel a defendant to donate bone marrow for transplantation to the petitioner, a terminally ill patient with anemia. The case was heard in the Common Pleas Court of Allegheny County, Pennsylvania. In the court ruling, Judge John P. Flaherty held that a person could not be legally compelled to participate in medical treatment to save another person’s life. Robert McFall (39 years) was a victim of plastic anemia. After his diagnosis on 22 June 1978, a search for potential bone marrow donors was initiated. Research shows that the most likely compatible donor comes from a patient's siblings pool. David Shimp, McFall’s cousin, was approached about the possibility of being a donor. Initial tests indicated a high degree of compatibility between the two men. However, Mr. Shimp failed to appear for the second and final test claiming that his wife asked him not to. Thus, through a preliminary injunction, McFall sought the court's intervention to compel Mr. Shimp to appear for the second test and subsequently donate his bone marrow. In the case, the plaintiff, noting that there is no firm precedent, argued that several critical factors are the touchstones of justice. These include the best thinking of legal scholars and customs, ethics, and morality. The plaintiff also invoked the equity powers (from the Second Statute of Westminster), the source of powers invested in chancery courts. Additionally, the plaintiff argued that the defendant must be under a duty to act and that if this duty is not under the common law, it should be established. On the other hand, the defendant invoked two basic principles in their argument: that he did not owe the plaintiff any legal duty and that both state and federal laws protected his privacy as an American citizen.             In the ruling, the Judge applied to the moral obligation of people and living things arguing that the court had a duty to protect people from being invaded and hurt by others. From this point of view, McFall v. Shimp employs the physical body's rights and duties consistent in the discourse on productivity rights during pregnancy. Consequently, the court agreed with th...
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