Funeral Law

Photo graphic of a broken tombstone in a cemetery depicting 'James Hawkins Aug 5 1803 May 6 1903' with a graphic overlay that says 'Disrupting the Death Care Paradigm February 24'

Leaders of ‘death care revolution’ publish first-ever comprehensive look at challenges facing funeral industry

Leading voices in the “death care” reform movement have published in the Wake Forest Journal of Law and Policy the first-ever comprehensive look at the challenges facing the funeral industry, editors announced on Feb. 28, 2018.  The Journal issue can be found at  https://wfulawpolicyjournal.com/current-issue/. Continue reading »

Photo graphic of a broken tombstone in a cemetery depicting 'James Hawkins Aug 5 1803 May 6 1903' with a graphic overlay that says 'Disrupting the Death Care Paradigm February 24'

NYT best-selling author Caitlin Doughty to deliver Journal of Law and Policy symposium keynote on Thursday, Feb. 23

The Wake Forest Journal of Law and Policy (JLP) spring symposium will commence with a keynote address from Los Angeles-based mortician and funeral director Caitlin Doughty, a death positivism activist and the author of a New York Times best-seller on theory and culture, at 6 p.m. on Thursday, Feb. 23, 2017, in the Worrell Professional Center, Room 1312. The event is free and open to the public.

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Photo of Wake Forest Law Professor Tanya Marsh inside the Worrell Professional Center

Professor Tanya Marsh quoted in Los Angeles Times regarding latest battle in abortion wars

Professor Tanya Marsh is quoted in the following story, “The latest battlefront in the abortion wars: Some states want to require burial or cremation for fetuses,” written by Alexander Zavis and published in the Los Angeles Times on Jan. 23, 2017.

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Photo graphic of a broken tombstone in a cemetery depicting 'James Hawkins Aug 5 1803 May 6 1903' with a graphic overlay that says 'Disrupting the Death Care Paradigm February 24'

Journal of Law and Policy to live webcast ‘Disrupting the Death Care Paradigm’ symposium on Friday, Feb. 24

The Wake Forest Journal of Law and Policy will present the symposium, “Disrupting the Death Care Paradigm: Challenges to the Regulation of the Funeral Industry and the American Way of Death,” on Thursday, Feb. 23, and Friday, Feb. 24, in the Worrell Professional Center, Room 1312. The event is free and open to the public. Up to four hours of free Continuing Legal Education (CLE) credit is available from the North Carolina Bar for both the live in-person event and live webcast, according to organizers. The event will be live webcast. Registration is available (but not required).

“We encourage those watching the live webcast to submit questions for any of our presenters on Twitter @WFULawJLP or e-mail JLP at wfulawpolicyjournal@gmail.com,” says Symposium Editor Erica Oates.

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Photo of Professor Tanya Marsh inside the Worrell Professional Center

Professor Tanya Marsh authors award-winning article for ABA magazine

Professor Tanya Marsh‘s “When Death and Dirt Collide: Legal and Property Interests in Burial Places” received the 2016 Excellence in Writing Award for Best Overall Article from the American Bar Association (ABA) Section of Real Property, Trust and Estate Law’s Probate and Property magazine.

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Photo of Wake Forest Law Professor Tanya Marsh inside the Worrell Professional Center

Professor Tanya Marsh quoted on PBS Newshour

Professor Tanya Marsh is quoted in the following story, “She took her amputated leg home, and you can too,” by Kristin Hugo published by PBS Newshour on Jan. 4, 2017. An excerpt follows:

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Photo of Wake Forest Law Professor Tanya Marsh inside the Worrell Professional Center

Professor Tanya Marsh co-authors casebook, ‘Real Property for the Real World: Building Skills Through Case Study’, and contributes to national conversation on fetal burial laws

Professor Tanya Marsh co-authored, “Real Property for the Real World: Building Skills Through Case Study,” a first-of-its-kind book which features eight in-depth case studies based on real cases, real people, real documents and real problems.

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Photo of Wake Forest Law Professor Tanya Marsh posing in the Worell Professional Center

Professor Tanya Marsh analyzes Texas’ new fetal burial rules

The Texas Department of State Health Services has announced that regulations limiting the way that health care facilities could dispose of aborted and miscarried fetuses will go into effect on Dec. 19, 2016.  Media headlines announcing the amendments create the impression that fetal tissue in Texas will now be treated like human remains and will require a funeral director or a cemetery, according to Wake Forest Law Professor Tanya Marsh.

Professor Marsh teaches courses in property and real estate transactions, as well as the only course in a U.S. law school on funeral and cemetery law. Marsh, a licensed attorney in the State of Indiana and a licensed funeral director in the State of California, is the author of The Law of Human Remains (2015) and the co-author of Cemetery Law: The Common Law of Burying Grounds in the United States (2015).  Her scholarship on the law of human remains has been cited by The New York Times, The Boston Globe, The Washington Post, The Atlantic, The Nation, Harper’s Magazine, Time magazine and The Associated Press. Marsh is the founder and primary author of The Funeral Law Blog.

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Photo of Wake Forest Law Professor Tanya Marsh posing in the Worrell Professional Center

Professor Tanya Marsh discusses ‘question of what we own of ourselves’ in Washington Post regarding new Texas fetal burial rules

Professor Tanya Marsh was quoted in following Washington Post article, ”After months of controversy, Texas will require aborted fetuses to be cremated or buried,” written by Samantha Schmidt and published on Nov. 29, 2016. The story also ran on MSN News.

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Photo of Professor Tanya Marsh inside the Worrell Professional Center

Professor Tanya Marsh publishes Huffington Post blog on Pence’s Indiana abortion burial laws

Professor Tanya Marsh, a scholar of funeral and cemetery law, originally authored the following “Pence’s Legacy: Indiana Law Requires Burial or Cremation of Blighted Ovum” on the Huffington Post blog on Wednesday, Nov. 16, 2016, and can be found here.

Editor’s Note: The views and opinions of our faculty members that are invited to write in national media outlets are their own, and not reflective of Wake Forest Law as an institution. Our policy is to re-publish all faculty member articles that are published in national media.

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