Immortality and the Law

Ray Madoff's Immortality and the Law: The Rising Power of the American Dead has just been published by Yale University Press. 

Here's the description from the YUP website:

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 hmerican 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.

I highly recommend it -- especially if you teach property or T&E.  It's a remarkably fun read, given how grave its subject matter.

Comments

[Lawrence Cunningham]

I concur. I read some portions of the manuscript and learned a lot. I also enjoyed it, and don't even teach T&E or Property! I look forward to reading the entire final book. Congrats Ray!

[Matt]

Madoff explores how the law of the dead can, in essence, extend the reach of life by granting virtual immortality to individuals.

But I don't want to live forever by having my estate managed in the way I want. I want to live forever by not dying.