Thursday, August 14, 2008
A Property Parable
Contemporary Property is a surprisingly gripping read. I'm not reading cases yet - the textbook starts with a series of short readings on legal definitions of property, rationales for property rights and the like. You don't have to dig very far below the surface to find that legal ownership of anything can get very complicated. Consider this example from the book: You own your own blood, right? I mean, unlike your organs, you can sell your blood for money. So suppose you're in the hospital and the doctor takes a sample of your blood. He finds that your blood produces an unusual disease-fighting protein and patents a treatment based on it. Should the doctor have to compensate you? You didn't join any research studies, you were just sick. Did the doctor "steal" your unique genetic properties? The California Supreme Court said no. Great stuff!
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