&NA;A review of the existing models of legislation and state statutes pertaining to the definition of death is presented. Twenty‐four states have statutory provision for brain death. Concern still exists about the need for and the form of statutory definitions. Medical criteria are not considered in detail, but the proposals of others are mentioned. It seems desirable that the community of neurosurgeons consider the legal and medical aspects of brain death and participate in the formulation of medical guidelines and education and the preparation of statutes.