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Cemetery Law: The Common Law of Burying Grounds in the United States is the first treatise on U.S. cemetery law since 1950. This volume analyzes and explains key sources of U.S. cemetery law, including treatises, reports, and decisions by appellate courts. The "traditional" American burial-embalming, encasement in a casket, and use of a vault or grave liner in a single, perpetual grave-is still the prevailing practice in the United States. However, Baby Boomers concerned about the cost and environmental consequences of this model are sparking the first significant changes in American disposition practices since the Civil War. Practices that minimize consumption and cost-including "green" burial and cremation-have exploded in popularity in the past decade. Nearly half of all deaths in the United States now result in cremation, and that method of disposition is anticipated to overtake burial in the next few years. Americans eager to innovate in the disposition of human remains find that the law-still heavily rooted in seventeenth century English, Protestant assumptions, practices, and beliefs-is ill-equipped to adapt. Cemetery law in the United States has changed little in the past 200 years, but changes in our disposition practices are so widespread and significant that it will soon have no choice. It is unimaginable that we will start with a clean slate. Instead, the law will, as it always does in a common law system, slowly evolve from its current form. This book is therefore designed to help begin that process by illuminating the structure and history of the common law of burying grounds in the United States, including the foundational assumptions, beliefs, and doctrines.
Human remains occupy an uneasy position in U.S. law. A human cadaver is no longer a person, but neither is it an object to be easily discarded. What, if anything, must be done with human remains? What cannot be done with human remains? What should be done with human remains? Before we can critique the law of human remains, we must first understand what the law is. In "The Law of Human Remains," Tanya Marsh, a nationally recognized expert in the law of human remains and cemetery law, collects, organizes, and states the legal rules and principles regarding the status, treatment, and disposition of human remains in the United States so that attorneys and courts can more easily discover, understand, use, and ultimately critique and reform the law. Part I establishes an analytical framework for the law of human remains and presents an overview of significant doctrines. Part II provides a state-by-state summary of the common and statutory law examined in Part I. This book is designed
Commissioned by the Institute of Cemetery and Crematorium Management (ICCM), and written for everyone involved in the bereavement industry this authoritative book provides a complete and practical guide to the law of burial and cremation as it currently applies in England and Wales. Content includes: a detailed explanation of the Local Authorities Cemeteries Order 1977 (LACO); Burial Acts; Cemetery Acts; Cremation Acts; the law as it relates to private cemeteries; exclusive rights of burial; transfer of burial rights; cemetery regulations and byelaws; cremation regulations; registration of deaths; coroner duties; post mortems; exhumation; faith and equality issues; closure of burial grounds; redevelopment of disused burial grounds and associated case-law. Includes reference to related issues of importance to cemetery and crematorium managers including: data protection; occupiers liability (including Covid compliance); tax; income generation and business issues; competition law; town planning; procurement of goods and services and related land-issues. Also contains examples of best practice. Appendices include specimen grants of burial and memorial rights; cemetery byelaws and memorial rights; churchyard closure and a sample business plan.