Property in body parts and products of the human body

An intriguing question, which until recently had not been directly explored by the courts, is the extent to which English law recognises body parts and products of the human body as property capable of ownership. Although the common law currently recognises no general property in a dead body (and only limited possessory rights in respect of it), this apparent “no-property rule” provides no justification, it is submitted, for denying proprietary status to parts or products of a living human body. The recent decision of the Court of Appeal in Yearworth v. North Bristol NHS Trust ([2009] EWCA Civ 37) lends strong support to the view that genetic material (as the product of a living human body) is capable of ownership, at least in the context of a claim in the tort of negligence and bailment. This article examines the various issues by reference to both English and Commonwealth authority.

Reflection is alive and well, but not what you think

More and more, Business and Management students (and those in other disciplines) are being asked to undertake written reflection upon their learning as part of assessed course-work. This paper examines this trend and explores the thinking behind it: why lecturers see reflection as valuable to students, whether they undertake reflection themselves, what theoretical underpinning they perceive as justifying and explaining their views. The results of a survey undertaken among Business and Management lecturers are reported, which appear to show that the most influential writer on the subject of reflection in learning – the one most frequently cited by the respondents – is David A. Kolb, author of the well-known Experiential Learning Theory (1984), and one of the moving forces behind experiential learning in general. His ideas have attracted a good deal of criticism, but are still current, having been suitably updated and defended, (2005). The paper critically re-examines Kolb’s Experiential Learning Theory, challenging its relevance to most of Higher Education, as characterised by Peter Jarvis in his useful table of learning situations as “formal and intended” (2004; 108). Other criticisms of Kolb’s Experiential Learning Theory are advanced that are entirely new. Returning to the survey, the papers discusses the reasons lecturers believe reflection is valuable to students and concludes that Kolb’s model, and others such as Schön’s (1987), fail to adequately explain or even identify them.

Firepolished glass microtools for human embryonic stem cell (HESC) cultivation

Abstract not available