�We normally don�t think that dead people have any legal rights. But in her carefully reasoned and exquisitely written book, Immortality and the Law, Ray D. Madoff, a professor at Boston College Law School, not only reminds us of our current legal system�s treatment of the dead but documents the extent to which the rights of the dead are expanding and rapidly encroaching on the rights of the living. Whether it is on issues of reproductive procedures, artistic creations, copyright protections, reputational interests, trust provisions, property rights or charitable giving, our laws are increasingly giving greater privileges to the dead while not calculating the costs exacted on the living. Particular striking is the author�s analysis of charitable trusts, many of them foundations, which are founded largely on the twin pillars of donor intent and perpetuity. Both insure the �dead hand� of the past and limit the extent to which great wealth can be spent to solve today�s societal problems.Is this shift in the law good for our society and for our democracy? Has it tilted too much against the interests of the living? Professor Madoff argues that it has. She makes a persuasive argument that a balance must be restored.

��Pablo Eisenberg, Senior Fellow, Georgetown Public Policy Institute.