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.

The varieties of student experience - an open research question and some ways to answer it

Based on meetings of the Society for Research into Higher Education’s Student Experience Network over the past three years, the genuinely open research question is posed whether there is one or more undergraduate student experience within English higher education. Answering this question depends on whether what is taught or what is learnt is examined. If the latter, then a unitary student experience can be said to exist only in the narrowest of normative senses. What undergraduates actually learn – defined in the widest sense – is the $64,000 question of research on the student experience. Various ways to answer this question are proposed, including using students to research students. Conceptual tools to apply to findings can be developed from youth studies and cognate disciplines, particularly in relation to student identities and aspirations. Lastly, these proposals are placed in the wider context of comparative models of the varieties of student experience, including those emerging in the UK’s national regions.