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Faculty Profiles

Tanya Marshdownload image icon

Tanya Marsh

Professor of Law

Worrell 3302


Grave New World: Readings in American Funeral and Cemetery Law (William S. Hein & Company).

Real Property for the Real World: Building Skills Through Case Study (Foundation Press 2016) (with Heather Way, Lucille Wood).

Regulation of the Funeral Industry: A Legal Research Guide (William S. Hein & Company).

Disposition of Human Remains: A Legal Research Guide (William S. Hein & Company 2015).

Cemetery Law: the Common Law of Burying Grounds in the United States (God's Acre Publishing 2015).

Law of Human Remains (Lawyers and Judges Publishing Company 2015).

Real Property in the Real World (Foundation Press) (with Heather Way, Lucille Wood).

Book Chapters

A Brief History of the American Cemetery, in Green Burial.


Jessica Mitford Was Wrong, 8 Wake Forest Journal of Law and Policy 111 (2018).

The Death Care Revolution, 8 Wake Forest Journal of Law and Policy 1 (2018).

You Can't Always Get What You Want: Inconsistent State Statutes Frustrate Decedent Control Over Funeral Planning,.

Redefining the American Dream, Jotwell (2016).

A New Lease on Death (with Sample Provisions), 32 The Practical Real Estate Lawyer 31 (2016).

A Fresh Look at Restrictive Covenants in Retail Leasing (with Sample Provisions), 32 The Practical Real Estate Lawyer 40 (2016).

When Death and Dirt Collide: Legal & Property Interests in Burial Places, Property & Probate (2016).

Because of Winn-Dixie: the Common Law of Exclusive Use Covenants, 69 University of Miami Law Review 935 (2015).

A Fresh Look at Restrictive Covenants in Retail Leasing, The ACREL Papers (2015).

Transforming Lease Covenants into Real Covenants: Lessons from Winn-Dixie v. Dolgencorp, 29 Probate and Property Magazine 34 (2015).

Reforming the Regulation of Community Banks After Dodd-Frank, 90 179 (2015).

A New Lease on Death,.

Rethinking the Law of the Dead, 48 (2014).

Too Big to Fail versus Too Small to Notice: Addressing the Commercial Real Estate Debt Crisis, 63 (2011).

Foreclosures and the Failure of the American Land Title Recording System, 111 19 (2011).

Understanding the Commercial Real Estate Debt Crisis, 1 33 (2011).

Sometimes Blackacre IS a Widget: Rethinking Commercial Real Estate Contract Remedies, 88 635- (2010).

The Stagnation of Indiana Real Property Law, 43 967-998 (2010).

Negotiating and Drafting Lease Insurance Clauses: 10 Questions for Practitioners, 10 (2010).

A Dubious Distinction: Rethinking Tax Treatment of Private Foundations and Public Charities, 22 Virginia Tax Review 137 (2002).


Who will bury Charles Manson?, The Conversation (November 22, 2017).

Life after death: Americans are embracing new ways to leave their remains, The Conversation (October 27, 2017).

Mass Murder in America and the Politics of"They", The Huffington Post (October 2, 2017).

Abraham Lincoln was a Racist and Other Hard Truths from Our Messy Past, The Huffington Post (August 15, 2017).

Of Persons, Property, and Frozen Eggs, JOTWELL (April 10, 2017).


Pence's Legacy: Indiana Law Requires Burial or Cremation of Blighted Ovum, Huffington Post (November 16, 2016).

Who Controls the Dead? The Right to Make Funeral and Disposition Decisions, Natural Transitions (July 2016).

Consumers Stand to Lose in Battle Between Pennsylvania Funeral Directors and Cemeteries, Huffington Post (March 2016).

Redefining the American Dream, JOTWELL (March 8, 2016).

Arizona Pretends to Reduce but Instead Significantly Raises Barriers to Entry for Cremationists, Huffington Post (February 29, 2016).

Home Funerals, Rent-Seeking, and Religious Liberty, Huffington Post (February 21, 2016).

"Our Baby Boy:" Remembering the Dead of Antietam, Huffington Post (October 27, 2015).

A Prime-Time Network TV Show About… Necrophilia?, Huffington Post (October 8, 2015).

A Grave Injustice to Religious and Economic Liberty in New Jersey, Huffington Post (August 29, 2015).

Greening the American Way of Death, Huffington Post (April 20, 2015).

The Impact of Dodd Frank on Community Banks (May 7, 2013).

Rethinking Laws Permitting the Sales of Human Remains, Huffington Post (August 13, 2012).