The city does it with your recycling. There have been cases where homeless folks have been popped for taking cans out of the recycle bin. The cities claimed that the homeowner transferred rights to those cans to them by putting them in city bins and then abandoning them. Now, take your body, which is trash once you are gone if you don't donate, or recyclables if you do donate.
Are you kidding? Equating the human body with an empty tin can or glass bottle?
What we are dealing with is a question of presumptive ownership of abandoned property minus a declaration stating a desire to donate or not. An easy simile is found in probate law. Absent a will, property above a certain value is placed in trust with the state until all claimants are heard. Same here. If you want to donate, do nothing. If you don't opt out. The state is no more taking liberties here than they are with trash policy or probate law.
FQ13
If my body were dumped into a recycling bin, then maybe the state has a right to it. Maybe. Long hot, but maybe.
Lacking that, the state can kiss my fat white hairy dead ass when I'm gone. The body belongs to my estate, just as does my car, my savings account, and everything else I own. The state does not have a "presumptive ownership of abandoned property" when it comes to my estate, only if the bank or whatever never hears from me do they - or should they - get involved.
The point of being a libertarian is that others - including the state - should leave me alone, mind their own damn business unless and until the my needs cross the needs of someone else. So, yeah, FQ, the state is taking huge liberties here by demanding access to my property and my body without due process, probable cause, or any legal precedent.
Putting materiel in trust to ensure it is distribute fairly without a will is
NOT the same thing as the state taking that property for the state's purposes.
BTW - here's another bho moment for you, FQ (who voted for that POS) - if you are backing something that Cass Sunstein proposes, you really are a tool. At high noon Sunstein could tell me that it was noon and I would still walk away from him before checking my watch to confirm it, thinking that it was a ploy for him to steal my watch - or something else - as I looked at it.
Another case of the perfesser knowing a lot without knowing a damn thing.