Entire Transcript in Adobe Acrobat Format - National Reference ...

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is -- well, I think it is useful to get away from the
language of ownership as long as we do not forget that
quite often in the legal context ownership simply refers to
a bundle of rights and the real question here we are
raising is who has what rights over what.
The reason for raising the point this way now
is to now move to a consideration of whether we think in
relation to Zeke's discussion presumed consent with the
possibility of opting out really is something that captures
all that we want. The reason I raise it -- if we think in
the context of organ and tissue transplantation generally
there is a lot of dispute about whether presumed donation,
for example of corneas in states with certain medical
examiner's laws, whether that really is justifiable
presumption if people are not aware that their corneas can
be taken.
So this is actually now picking up the
ownership point moving to Zeke. I would like to know a lot
more about what we can expect people to understand so that
we can interpret their silence or their failure to consent
is actually consent because that seems to me to be critical
for how the recommendations work out.
DR. EMANUEL: Let me, I think, clarify. I
think it is a good question. First, presumed consent with