Taboo Trades: Recent Episodes
Kimberly D Krawiec
My guests today are Andrew Gilden, Southwestern Law School, and Sarah R. Wasserman Rajec, William & Mary Law School. They join me today to discuss their recent paper, Patenting the Taboo: Sex, Drugs, and Abortion, recently published in the Yale Journal of Law and Technology. It’s a really fun article that looks at patent applications in three taboo spaces: sexual pleasure, illicit drugs, and abortion technologies. Some of the themes are very similar to ones Andrew Jennings and I highlight in our recent paper, Vice Capital, in which we interview founders and investors in these same spaces. I highly recommend their paper, even if you don’t have a particular interest or expertise in patent law.
Show Notes
About Andrew Gilden
About Sarah Rajec
About Kim Krawiec
Gilden, Andrew, and Sarah R. Wasserman Rajec. "Patenting the Taboo: Sex, Drugs, and Abortion." Yale Journal of Law and Technology, forthcoming (2025).
Gilden, Andrew, and Sarah R. Wasserman Rajec. "Pleasure Patents." BCL Rev. 63 (2022): 571.
Jennings, Andrew K., and Kimberly D. Krawiec. "Vice Capital." UC Irvine Law Review 15 (2025): 427.
My student co-hosts sign off, bringing Season 6 to an official close. Never fear, I'll be back throughout 2026 with exciting bonus episodes.
My guest today is Diane Tober, an Associate Professor at the University of Alabama Department of Anthropology and Institute for Social Science Research. She is a medical anthropologist with a focus on biocultural aspects of health, gender and sexuality, the commodification of the body, science and technology studies, bioethics, and social and reproductive justice. She has been conducting research exploring egg donors’ decisions and experiences within the global market for human eggs since 2013. She joins us today to discuss her recent book, Eggonomics: The Global Market in Human Eggs and the Donors Who Supply Them (Routledge 2024). This episode is co-hosted by UVA Law 2Ls, Rachel Duffy and Rachel Greenbaum.
Show Notes
About Diane Tober
About Kim Krawiec
About Rachel Duffy
About Rachel Greenbaum
Diane Tober, Eggonomics: The Global Market in Human Eggs and the Donors Who Supply Them (Routledge 2024)
Kimberly D. Krawiec, Gametes: Commodification and The Fertility Industry, in Routledge Handbook of Commodification, Routledge, 278–289 (1 ed. 2023).
Krawiec, Kimberly D. "Markets, repugnance, and externalities." Journal of Institutional Economics 19.6 (2023): 944-955.
My guest today is Prabha Kotiswaran, a Professor of Law & Social Justice at King’s College London. Professor Kotiswaran’s main areas of research include criminal law, transnational criminal law, feminist legal studies and sociology of law.
She is the author of numerous books and articles, including Dangerous Sex, Invisible Labor: Sex Workand the Law in India, published by Princeton University Press (2011), which won the SLSA-Hart Book Prize for Early Career Academics. She joins us today to discuss two recent articles, linked in the show notes below, on egg donation and surrogacy in India.
This episode is co-hosted by UVA Law 3Ls Gabriel Andrade and Buddy Palmer.
Show Notes
About Prabha Kotiswaran
About Kim Krawiec
About Gabriel Andrade
About Buddy Palmer
Madhusree Jana and Prabha Kotiswaran, Legal (Dis)Orders A Feminist Assessment of India’s Assisted Reproductive Technology and Surrogacy LawsLinks to an external site., Amicus Curiae, Series 2, Vol 6, No 2, 300-323 (2025)
Jana, M., & Kotiswaran, P., Reproductive resistance, law, and informality: a critique of the Indian Assisted Reproductive Technology (Regulation) Act, 2021Links to an external site.. Journal of Gender Studies, 1-20. https://doi.org/10.1080/09589236.2025.2490844Links to an external site. (2025)
Prabha Kotiswaran, Dangerous Sex, Invisible Labor: Sex Workand the Law in India, Princeton University Press (2011).
Kimberly D. Krawiec, “
My guest today is Emily Stolzenberg, an Associate Professor of Law and Reuschlein Emerging Scholar at Villanova University’s Charles Widger School of Law. Her research focuses on conflicts between individual autonomy and legal obligation in the fields of family law and property. She joins us today to discuss her forthcoming article, Toward a Private Law of Intimates’ Obligations, which will be published in the Iowa Law Review. This episode is co-hosted by UVA Law students Catherine Hu and Reide Petty.
Show Notes
About Emily Stolzenberg
About Kim Krawiec
About Catherine Hu
About Reide Petty
My guest today is Jeff Skopek, a Professor of Law and the Deputy Director of the Centre for Law, Medicine, and Life Sciences at the University of Cambridge. He holds a J.D. from Harvard Law School and a Ph.D. in the History and Philosophy of Science from the University of Cambridge.
His research explores the normative and conceptual foundations of health law, focusing in particular on the health care system, biomedical research, and controversies about what constitutes a harm or benefit within medical care. His recent research also focuses on animal rights. He joins us today to discuss a work in progress, Created To Be Killed.
Show Notes
About Jeff Skopek
About Kim Krawiec
About Mason Marché
My guest today is Jonathan Adler, Cabell Research Professor and Tazewell Taylor Professor of Law at William & Mary Law School. Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011). He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023. This episode is co-hosted by UVA Law 3L, Bradley Noble
Show Notes
About Jonathan Adler
About Kim Krawiec
About Bradley Noble
Adler, Jonathan H., and Nathaniel Stewart. "Learning how to fish: catch shares and the future of fishery conservation." UCLA J. Envtl. L. & Pol'y 31 (2013): 150.
Adler, Jonathan H. "Conservation through collusion: Antitrust as an obstacle to marine resource conservation." Wash. & Lee L. Rev. 61 (2004): 3.
Adler, Jonathan H. "Legal obstacles to private ordering in marine fisheries." Roger Williams UL Rev. 8 (2002): 9.
Adler, Jonathan H. "Water rights, markets, and changing ecological conditions." Environmental Law (2012): 93-113.
Adler, Jonathan H. "Taking property rights seriously: The case of climate change." Social Philosophy and Policy 26.2 (2009): 296-316.
Schmidtz, David. "When Preservationism Doesn't Preserve." Environmental Values 6.3 (1997): 327-339.
My guest today is Bailey Sanders, a Visiting Assistant Professor of Law at Duke University. Her work examines how market competition can advance gender equality and the critical role of women’s representation in law and politics. Her research bridges antitrust, constitutional law, and gender equity, and has appeared or is forthcoming in leading law reviews and peer-reviewed journals. She is also co-author of The Fundamental Voter: American Electoral Democracy, 1952–2020 (Oxford University Press, 2024).
Sanders received her JD and PhD in Political Science from Duke University before clerking for Judge Gerald B. Tjoflat on the U.S. Court of Appeals for the Eleventh Circuit and practicing in the antitrust group at McDermott Will & Emery in Washington, D.C. Most importantly, she was my student at Duke Law School during the height of Covid, and one of the few bright spots in my zoom day.
She joins us today to discuss her paper, Religious Riders and the Sherman Act, forthcoming in the Michigan Law Review. This episode is co-hosted by UVA Law 2Ls Sari Mithal and Cindy Tran.
Show Notes
About Bailey Sanders
About Kim Krawiec
About Sari Mithal
About Cindy Tran
Sanders, Bailey, Religious Riders and the Sherman Act (January 01, 2024). Michigan Law Review, Forthcoming.
Bailey Sanders, Barak Richman, and Kierra B. Jones, “Growing Market Power Among Catholic Hospitals Restrains Access to Reproductive Health Care”, American Progress (SEP 29, 2025)
Bailey Sanders, “The Price of Fertility: Egg Donor Compensation in the United States Following Kamakahi v. The American Society for Reproductive Medicine,” Houston Journal of Health Law and Policy, Vol. 22 (2022)
Kimberly D. Krawiec, Sunny Samaritans and Egomaniacs: Price-Fixing in the Gamete Market, Law and Contemporary Problems, Vol. 72, No. 3, 2009.
Kimberly D. Krawiec, Gametes: Commodification and The Fertility Industry, The Routledge Handbook of Commodification, Vida Panitch and Elodie Bertrand eds., 2023.
My guest today is Sadie Blanchard, a Professor of Law at the University of Notre Dame. She teaches and writes about contracts, corporations, and international business law. Her research examines how legal institutions interact with social forces to shape behavior, especially in markets. She’s here today to discuss her recent article, Contract or Prison, in the University of Chicago Law Review. The paper discusses the expansion and privatization of “Incarceration Alternative” arrangements, such as electronic monitoring, criminal diversion, and parole and probation. Blanchard argues that, while the norm of expanded choice that justifies enforcement of contracts has prima facie plausibility in this context, the agreements ultimately fail under classical contract theory because they are made against the background of entitlements created to extract value from people using the coercive power of the criminal legal system. This episode is co-hosted by UVA Law 3L, Kyndall Walker.
Show Notes
About Sadie Blanchard
About Kim Krawiec
About Kyndall Walker
Sandie Blanchard, Contract or Prison (forthcoming, University of Chicago Law Review 2025)
Additional Reading Discussed (or relevant to the discussion):
John H. Langbein, Understanding the Short History of Plea Bargaining, 13 Law & Society Review 261 (1979)
John H. Langbein, Torture and Plea Bargaining, 46 Univ. Chicago Law Review 4 (1978); republished in Spanish as “Tortura Y Plea Bargaining,” in El Procedimiento Abreviado (J.B. Maier & A. Bovino eds.) (Buenos Aires 2001); substantially republished in The Public Interest (Winter 1980) at 43; latter version republished in The Public Interest on Crime and Punishment (N. Glazer ed. 1984)
Robert E. Scott & William J. Stuntz, Plea-Bargaining as a Social Contract, 101 Yale L. J. 1909 (1992). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/317
Emma Kaufman, "The Prisoner Trade," 133 Harv. L. Rev. 1815 (2020)
My guest today is Elaine Perlman, an altruistic kidney donor, President of the Coalition to Modify NOTA, and Executive Director of Waitlist Zero. She is leading campaigns to pass the End Kidney Deaths Act (which is the subject of our discussion today) and the Honor Our Living Donors Act.
As a bit of background, the End Kidney Deaths Act (H.R. 2687/ EKDA) is a ten year pilot program that would provide a refundable tax credit of $10,000 each year for five years ($50,000 total) to living kidney donors who donate a kidney to a stranger, which would go to those who have been waiting longest on the kidney waitlist. You can read the full text of the End Kidney Deaths Act from the link in the show notes, along with other relevant sources that we discuss during today’s podcast.
Show Notes
About Elaine Perlman
About Kim Krawiec
About Denise Azadeh
End Kidney Deaths Act legislation
JAMA opposition article
Our JAMA response
Their JAMA reply
Good Morning America segment, Elaine’s son meeting his recipient (9 minutes)
Video about ethics and the End Kidney Deaths Act (3 minutes)
Video "Why Donate our Kidney to a Stranger (20 minutes)
Hello listeners and welcome to a new season of the Taboo Trades podcast! I’m back again with a great group of UVA Law students who will guide us through the latest research and current events in a variety of taboo settings. We’ll discuss compensating living kidney donors, commercial surrogacy in India, plea bargaining, animal welfare, fish and wildlife conservation, and much, much more. Some of our guests argue that currently taboo trades shouldn’t be. And some will argue that currently accepted trades should be taboo. We have a great line-up of guests and topics that I know you’ll enjoy. Now, I’ll turn it over to the real stars of the show – the Taboo Trades student hosts for Season 6. They are: Gabriel (Gabe) Andrade, Denise Azadeh, Rachel Duffy, RachelGreenbaum, CatherineHu, Mason Marche, Sarita (Sari) Mithal, BradleyNoble, Buddy Palmer, ReidePetty, CindyTran, Kyndall Walker
I’m joined today by two special guests to discuss an unusual and ethically complex type of organ donation – imminent death donation, or IDD. As you’ll hear Thao Galvan explain in the episode, organ donation currently has three standard types: living donation, donation after brain death (a type of deceased donation in which the patient is declared brain dead, and thus legally dead), and donation after circulatory death, or DCD. In DCD, a patient who is not brain dead is removed from life support, but the heart keeps beating. If it takes the patient more than roughly 90 minutes to die, the organs may not be usable. IDD, or imminent death donation, attempts to prevent that, by retrieving non-vital organs (usually a kidney) for donation prior to the removal of life support.
Thao Galvan is a transplant surgeon and professor of surgery at Baylor College of Medicine. Kathy Osterrieder is a retired financial analyst, who came to this issue after attempting, unsuccessfully, to donate the organs of her late husband, Robert Osterrieder, after making the difficult decision to remove him from life support. It is another first for the Taboo Trades podcast – the first time in over five years of recording that I’ve been unable to hold back the tears, as Kathy talks about what the experience was like for her family.
Links
Host: Kimberly D. Krawiec, Charles O. Gregory Professor of Law, University of Virginia
Guests:
Nhu Thao Nguyen Galvan, M.D., M.P.H., FACS, Associate Professor of Surgery, Baylor College of Medicine
Kathleen Osterrieder, Donor Family Member in Spirit, Retired Financial Analyst
Reading:
The Difficult Ethics of Organ Donations From Living Donors, Wall St. J. (2016)
Let’s change the rules for organ donations — and save lives, Wash. Post (2019)
OPTN, Ethical considerations of imminent death donation white paper (2016)
Survey of public attitudes towards imminent death donation in the United States, Am. J. Transplant.(2020)
Sign up to be an organ donor!
Welcome to a very special bonus episode of the Taboo Trades podcast! Today I have a record number of guests – five in total—continuing a discussion that we began at Yale’s Newman Colloquium earlier this summer. We discuss exploitation and trafficking in international human rights law, especially in the context of reproductive and sexual labor. You’ll hear more about that colloquium and that conversation during the podcast. Each guest introduces themselves at the start of the podcast, but you can also read their full bios and a reading list in the show notes.
Host: Kim Krawiec, Charles O. Gregory Professor of Law, University of Virginia
Guests:
Janie Chuang, Professor of Law, American University, Washington College of Law
Dina Francesca Haynes, Executive Director, Orville H. Schell, Jr. Center for International Human Rights; Lecturer in Law (spring term), and Research Scholar in Law, Yale University
Joanne Meyerowitz, Arthur Unobskey Professor of History and Professor of American Studies, Yale University
Alice M. Miller, Associate Professor (Adjunct) of Law and Co-Director, Global Health Justice Partnership, Yale University
Mindy Jane Roseman, Director of International Law Programs and Director of the Gruber Program for Global Justice and Women’s Rights, Yale University
Reading List:
Janie A. Chuang
- "Preventing trafficking through new global governance over labor migration." Ga. St. UL Rev. 36 (2019): 1027.
- “Exploitation Creep And The Unmaking Of Human Trafficking Law.” The American Journal of International Law, vol. 108, no. 4, 2014, pp. 609–49. JSTOR, https://doi.org/10.5305/amerjintelaw.108.4.0609 . Accessed 13 June 2025.
Dina Haynes
- "Used, abused, arrested and deported: Extending immigration benefits to protect the victims of trafficking and to secure the prosecution of traffickers." Human Rights Quarterly 26.2 (2004): 221-272. https://muse.jhu.edu/article/168121
- "Client-centered human rights advocacy." Clinical L. Rev. 13 (2006): 379.
- "Sacrificing women and immigrants on the altar of regressive politics." Human Rights Quarterly41.4 (2019): 777-822. https://muse.jhu.edu/article/735796
Kimberly D. Krawiec
- Repugnant Work (April 21, 2025). Forthcoming, Oxford Handbook of Philosophy and Work (Julian Jonker and Grant Rozeboom, eds.), Available at SSRN: https://ssrn.com/abstract=5225038
- “Markets, Repugnance, and Externalities.” Journal of Institutional Economics 19, no. 6 (2023): 944–55. https://doi.org/10.1017/S1744137422000157 .
Joanne Meyerowitz<
In this sign off episode, I say good bye to this year's student cohosts from UVA Law: Anthony Freyre, Kimberly Garcia, Laura Habib, Olivia King, Alyssa Lawrence, Alyssa Marshall, Alexa Rothborth, Nia Saunders, Tanner Stewart, Cyrus Tafti, John Henry Vansant, Lauren White
But never fear, loyal listeners. I'll be back in 2025 with bonus episodes featuring interesting authors discussing their scholarship.
My guest today is Aziza Ahmed, a Professor of Law and N. Neal Pike Scholar at the Boston University School of Law. She is also a Co-Director of BU Law’s Program on Reproductive Justice. She joins me and UVA Law 3L, Nia Saunders, to discuss her new book Risk and Resistance: How Feminists Transformed the Law and Science of AIDS, forthcoming from Cambridge University Press in 2025.
Prior to teaching, Professor Ahmed was a research associate at the Harvard School of Public Health Program on International Health and Human Rights. She came to that position after a Women’s Law and Public Policy Fellowship where she worked with the International Community of Women Living with HIV/AIDS. Professor Ahmed was a member of the Technical Advisory Group on HIV and the Law convened by the United Nations Development Programme (UNDP) and has been an expert for many institutions, including the American Bar Association and UNDP.
Reading List
-
- Ahmed Bio
- Linda C. McClain & Aziza Ahmed, The Routledge Companion to Gender and Covid-19 (2024)
- SCHOLARLY COMMONS
- Nicole Huberfeld, Linda C. McClain & Aziza Ahmed,Rethinking Foundations and Analyzing New Conflicts: Teaching Law after Dobbs 17 Saint Louis University Journal of Health Law & Policy (2024). SCHOLARLY COMMONS
- Aziza Ahmed, Dabney P. Evans, Jason Jackson, Benjamin Mason Meier & Cecília Tomori, Dobbs v. Jackson Women’s Health: Undermining Public Health, Facilitating Reproductive Coercion 51 Journal of Law, Medicine & Ethics (2023)
- SCHOLARLY COMMONS
- Aziza Ahmed, Feminist Legal Theory and Praxis after Dobbs: Science, Politics, and Expertise 34 Yale Journal of Law and Feminism (2023)
- SCHOLARLY COMMONS
- Krawiec Bio
My guest today is the always interesting and funny Steve Clowney, a professor of law at the University of Arkansas. He has also worked as a legal consultant in Hawaii, a college admissions officer, and a gravedigger. His main areas of research include zoning regulations, monuments, the history of cities, handwritten wills, and the presence of violence in informal property systems. He joins us today to discuss a paper that I’ve long admired, Does Commodification Corrupt: Lessons From Paintings And Prostitutes, published in the Seton Hall Law Review.
Reading list:
Clowney Bio https://law.uark.edu/directory/directory-faculty/uid/sclowney/name/Steve+Clowney/
Clowney, Nationalize Zoning, 72 Kan. L. Rev. (forthcoming) (symposium essay).
Clowney, Do Rural Places Matter?, 57 Conn. L. Rev. 1 (forthcoming).
Clowney, Anonymous Statues: An Empirical Study of Monuments in One American Neighborhood, 71 Wash. U. J.L. & Pol'y 35 (2023) (symposium essay).
Clowney, The White Houses? An Empirical Study of Segregation in the Greek System, 41 Yale L. & Pol'y Rev. 151 (2023).
Clowney, Sororities as Confederate Monuments, 105 Ky. L.J. 617 (2020) (symposium essay).
Clowney, Does Commodification Corrupt: Lessons From Paintings and Prostitutes, 50 Seton Hal L. Rev. 1005 (2020).
Clowney, Should We Buy Selling Sovereignty, 66 Duke L.J. Online 19 (2017).
Krawiec Bio https://www.law.virginia.edu/faculty/profile/kdk4q/1181653
Krawiec, Markets, repugnance, and externalities, Journal of Institutional Economics 1–12 (2023).
Krawiec, No Money Allowed, 2022 University of Chicago Legal Forum 221–240 (2022).
I’m thrilled today to welcome new friend, Albertina Antognini and old (by which I mean long-time) friend, Susan Appleton. Albertina Antognini is the James E. Rogers Professor of Law at the University of Arizona where she teaches Family Law, Property, Trusts & Estates, and a seminar surveying different legal regimes that shape the contemporary American family. Professor Antognini’s work examines the ways that legal rules actively regulate, and in the process define, families. Her researchis centrally preoccupied with considering how categories that may appear “natural” are in fact products of law, with the aim of opening them up to a more rigorous critique.
Susan Appleton is the Lemma Barkeloo & Phoebe Couzins Professor of Law at Washington University School of Law. She is a nationally known expert in family law and feminist legal theory. Her research, scholarship, and teaching address reproductive justice, parentage, gender, sexualities, and public assistance for families. They join us today to discuss their recent article, Sexual Agreements, published in the Wash. U. Law Review. UVA Law 3L, Laura Habib, co-hosts this episode.
Further Reading
- Antognini and Appleton, Sexual Agreements, 99 Wash. U. L. Rev. 1807 (2022)
- Antognini bio https://law.arizona.edu/person/albertina-antognini
- Antognini, Nonmarital Contracts, 73 Stan. L. Rev. 67 (2021)
- Antognini, Nonmarital Coverture, 99 B.U. L. Rev. 2139 (2019)
- Appleton bio https://law.wustl.edu/faculty-staff-directory/profile/susan-frelich-appleton/
- Appleton, Sex Positive Feminism’s Values in Search of the Law of Pleasure, in The Oxford Handbook of Feminism and Law in the United States (Deborah L. Brake, Martha Chamallas, & Verna Williams eds., 2023).
- Appleton, Families Under Construction: Parentage, Adoption, and Assisted Reproduction (with D. Kelly Weisberg) (2021).
- Krawiec bio https://www.law.virginia.edu/faculty/profile/kdk4q/1181653
- Krawiec, Gametes: Commodification and The Fertility Industry, in Routledge Handbook of Commodification, Routledge, 278–289 (1 ed. 2023).
- Krawiec, Markets, repugnance, and externalities, Journal of Institutional Economics 1–12 (2022).
- Krawiec, No Money Allowed, 2022 University of Chicago Legal Forum 221–240 (2022).
My guest today is Courtney Cahill, a Chancellor's Professor of Law at UC Irvine School of Law. Professor Cahill is a scholar of constitutional law, anti-discrimination law, sex equality, and LGBTQ equality. Her work examines the role of disgust in lawmaking and the synergies between sex equality and LGBTQ equality. She joins us today to discuss her latest project, Busted: Policing Women on Top, forthcoming in 2026 from Oxford University Press.
Cahill attended Yale Law School after graduating from Princeton University with a Ph.D. in Comparative Literature. UVA Law 3Ls Anthony Freyre and Kimberly Garcia co-host today’s episode.
Further Reading:
Cahill Bio: https://www.law.uci.edu/faculty/full-time/cahill/
Sex Equality's Irreconcilable Differences, 132 Yale Law Journal (forthcoming)
Reproductive Exceptionalism in and Beyond Birthrights, 100 B.U. L. Rev. Online 152 (2020)
The New Maternity, 133 Harv. L. Rev. 2221 (2020)
After Sex, 97 Neb. L. Rev. 1 (2018)
Krawiec Bio: https://www.law.virginia.edu/faculty/profile/kdk4q/1181653
My guest today is Jill Lens, who serves as the Dorothy M. Willie Professor in Excellence at the University of Iowa school of law. Professor Lens is a leading legal expert in reproductive justice and rights, with a particular focus on the legal treatment of stillbirth and pregnancy more generally. Her research is inspired by her son Caleb’s stillbirth in 2017, when she was 37 weeks pregnant.
She joins us today to discuss her recent paper, “Valuing Reproductive Loss," published in 2023 by the Georgetown Law Journal and coauthored with Dov Fox. That paper explores the tension between abortion rights and compensating the victims of reproductive loss and argues for a post-Dobbs reasessment of the law. I’m joined by UVA Law 3L, Alyssa Lawrence, who co-hosts this episode.
Further Reading:
Lens bio: https://law.uiowa.edu/people/jill-wieber-lens
"Original Public Meaning and Pregnancy's Ambiguities," with Evan D. Bernick, 122 Michigan Law Review 1443 (2024), Journal | HeinOnline | UI Off-Campus Access (HeinOnline) | Lexis | Westlaw
"Valuing Reproductive Loss," with Dov Fox, 112 Georgetown Law Journal 61 (2023), Journal | HeinOnline | UI Off-Campus Access (HeinOnline) | Lexis | Westlaw
"Abortion, Pregnancy Loss, & Subjective Fetal Personhood," with Greer Donley, 75 Vanderbilt Law Review 1649 (2022), Journal | HeinOnline | UI Off-Campus Access (HeinOnline) | Lexis | Westlaw
"Counting Stillbirths," 56 UC Davis Law Review 525 (2022), Journal
Krawiec bio: https://www.law.virginia.edu/faculty/profile/kdk4q/1181653
I’m thrilled today to welcome the brilliant and creative Hajin Kim, an Assistant Professor of Law at the University of Chicago. Hajin uses principles from social psychology and economics to study how moral and social influence can shape environmental regulation and firm behavior. She joins us today to discuss her new working paper, Does Paying to Pollute Make Pollution Seem Less Bad? UVA Law 3L, Cyrus Tafti, joins me as co-host on this episode.
Hajin received her BA in economics, summa cum laude, from Harvard, her JD from Stanford Law School, and her PhD from Stanford's Emmett Interdisciplinary Program in Environment and Resources. Before attending Stanford, Hajin worked for the Boston Consulting Group. She clerked for Judge Paul Watford of the US Court of Appeals for the Ninth Circuit and Justice Ruth Bader Ginsburg of the US Supreme Court.
Further Reading:
Hajin Kim bio: https://www.law.uchicago.edu/faculty/kim
Hajin Kim, Does Paying to Pollute Make Pollution Seem Less Bad?
Hajin Kim, "Does ESG Crowd Out Support for Government Regulation?," Coase-Sandor Institute for Law & Economics Research Paper No. 983(2023) (with Joshua C. Macey & Kristen A. Underhill). ssrn cu
Hajin Kim, "Expecting Corporate Prosociality," 53 Journal of Legal Studies 267 (2024). www
Hajin Kim, "Financially Equivalent But Behaviorally Distinct? Pollution Tax and Cap-and-Trade Negotiations," 52 The Environmental Law Reporter 10809 (2022) (with K.C. P. Hirsch). www
Kim Krawiec bio: https://www.law.virginia.edu/faculty/profile/kdk4q/1181653
Kimberly D. Krawiec, Markets, repugnance, and externalities, Journal of Institutional Economics 1–12 (2022).
Kimberly D. Krawiec, No Money Allowed, 2022 University of Chicago Legal Forum 221–240 (2022).
My guest today is Brian Bix, the Frederick W. Thomas Professor of Law And Philosophy at the University of Minnesota School of Law. He teaches and writes in the areas of family law, contract law, and jurisprudence. He joins us today to discuss his 2023 book, Families by Agreement: Navigating Choice, Tradition, and Law, published byCambridge University Press.
I really enjoyed this episode – it was both educational and entertaining. Brian is not only a productive scholar, but a generous one – note his discussion of other important scholars in the field during this episode, including Martha Fineman, June Carbone, Naomi Cahn, and Jody Madeira, among others.
Also interesting is the discussion with my UVA Law student co-hosts, Alexa Rothborth and Tanner Stewart. Alexa is the second donor-conceived co-host to moderate a discussion about gamete donors on the podcast. That Season 3 episode, with Mary Anne Case and co-hosted by Reidar Composano and Bryan Blaylock, is linked in the show notes below. Reidar was also donor-conceived, as he discusses in that episode roundtable.
Further Reading
- Bix Bio https://law.umn.edu/profiles/brian-bix
- Advanced Introduction to Contract Law and Theory (Edward Elgar Publishing, 2023)
Amazon UMN Libraries
- Families by Agreement: Navigating Choice, Tradition, and Law (Cambridge University Press, 2023)
Amazon UMN Libraries
- Jurisprudence: Theory and Context, (Sweet & Maxwell (UK), Carolina Academic Press (US), 1st ed., 1996; 2d ed., 1999; 3d ed., 2003; 4th ed., 2006; 5th ed., 2009; 6th ed., 2012; 7th ed., 2015; 8th ed., 2019; 9th ed., 2023; translated into Chinese (Law Press, 2007), Greek (Kritiki Publications, 2007), Spanish (Universidad Nacional Autonoma de Mexico, 2010), Italian (G. Giappichelli Editore, 2016), Portuguese (Tirant lo Blanch 2020), and Georgian (Varlam Cherkezishvili Institute, 2023)
Amazon UMN Libraries UMN Libraries
- Krawiec Bio https://www.law.virginia.edu/faculty/profile/kdk4q/1181653
- Donorsexuality with Mary Anne Case https://tabootrades.buzzsprout.com/1227113/episodes/11655810-donorsexuality-with-mary-anne-case
I’m super excited to welcome today’s guest, Marc Edelman – a passionate and influential voice in debates over the rights of college athletes. Marc is a Professor of Law at the Zicklin School of Business, Baruch College, City University of New York, where he writes and teaches on sports law, antitrust law, intellectual property law, and gaming / fantasy sports law. He also serves as the Faculty Athletics Representative for Baruch College.
In addition to his full-time role as a law professor, Professor Edelman is the founder of Edelman Law, where he provides legal consulting and expert witness services to businesses in the commercial sports, entertainment and online gaming industries. Some of Professor Edelman’s recent clients include a Major League Baseball team, the Arena Football League Players Union, and several online fantasy sports providers.
He joins us today to discuss his recent paper, The Collegiate Employee-Athlete, recently published in the University of Illinois Law Review, and co-authored with Michael McCann and John Holden.
Recommended Reading:
Marc Edelman website http://www.marcedelman.com
Edelman, Marc, Michael A. McCann, and John T. Holden. "The collegiate employee-athlete." U. Ill. L. Rev. (2024): 1.
Welcome to season 5 everyone! I’m Kim Krawiec at the University of Virginia School of Law, and the host of the Taboo Trades podcast. In this episode, I welcome this year's student co-hosts: Anthony Freyre, Kimberly Garcia, Laura Habib, Olivia King, Alyssa Lawrence, Alyssa Marshall, Alexa Rothborth, Nia Saunders, Tanner Stewart, Cyrus Tafti, John Henry Vansant, and Lauren White
It’s the saddest time of year again, when I have to say goodbye to yet another fabulous group of UVA Law students who have put their trust in me (and in you, the audience) for a semester of the Taboo Trades podcast. I know I say this every year, but I mean it every year – it’s been a pleasure and an honor to work with this group. Thanks to all of you and to all of our guests this season. Never fear listeners, although Season 4 is officially ending, I’ll be back in January with some great bonus episodes featuring exciting new scholars discussing their work. So tune in for more in 2024.
Signing off, are:
Darius Adel (3L)
Mary Beth Bloomer (2L)
Liam Bourque (3L)
Joseph Camano (3L)
Julia D’Rozario (3L)
Anu Goel (3L)
Kate Granruth (3L)
Gabriele Josephs (3L)
Aamina Mariam (2L)
Jenna Smith (3L)
Dennis Ting (3L)
On today’s episode, Dorothy Roberts joins me and UVA Law 3Ls Darius Adel and Julia D'Rozario to discuss her work on race-based medicine and the child welfare system. Dorothy Roberts is the George A. Weiss University Professor of Law and Sociology and the Raymond Pace and Sadie Tanner Mossell Alexander Professor of Civil Rights at the University of Pennsylvania School of Law. Professor Roberts’ work focuses on urgent social justice issues in policing, family regulation, science, medicine, and bioethics. Her major books include Torn Apart: How the Child Welfare System Destroys Black Families--and How Abolition Can Build a Safer World (Basic Books, 2022); Fatal Invention: How Science, Politics, and Big Business Re-create Race in the Twenty-first Century (New Press, 2011); Shattered Bonds: The Color of Child Welfare (Basic Books, 2002), and Killing the Black Body: Race, Reproduction, and the Meaning of Liberty (Pantheon, 1997). She is also the author of more than 100 scholarly articles and book chapters, as well as a co-editor of six books on such topics as constitutional law and women and the law.
Her work has been supported by the American Council of Learned Societies, National Science Foundation, Robert Wood Johnson Foundation, Harvard Program on Ethics & the Professions, and Stanford Center for the Comparative Studies in Race & Ethnicity. Recent recognitions of her scholarship and public service include 2019 Rutgers University- Newark Honorary Doctor of Laws degree, 2017 election to the National Academy of Medicine, 2016 Society of Family Planning Lifetime Achievement Award, 2016 Tanner Lectures on Human Values, and the 2015 American Psychiatric Association Solomon Carter Fuller Award.
Show notes:
Dorothy Roberts Full Bio, University of Pennsylvania https://www.law.upenn.edu/faculty/roberts1
Torn Apart: How the Child Welfare System Destroys Black Families--and How Abolition Can Build a Safer World (Basic Books, 2022)
Fatal Invention: How Science, Politics, and Big Business Re-create Race in the Twenty-first Century (New Press, 2011)
Shattered Bonds: The Color of Child Welfare (Basic Books, 2002)
Killing the Black Body: Race, Reproduction, and the Meaning of Liberty (Pantheon, 1997).
On today’s episode, Bridget Crawford and Emily Waldman of Pace University School of Law join me and UVA Law 3Ls Kate Granruth and Jenna Smith. Bridget Crawford’s scholarship focuses on taxation and gender and the law. She teaches courses on Federal Income Taxation; Estate and Gift Taxation; and Wills, Trusts and Estates. Emily Waldman teaches courses on Constitutional Law, Law & Education, Employment Law, and Civil Procedure. Today we’re discussing their book, Menstruation Matters: Challenging the Law’s Silence on Periods, published by NYU Press in 2022 and their 2022 article, Contextualizing Menopause in the Law, co-authored with my UVA colleague, Naomi Cahn, and published in the Harvard Journal of Gender and the Law.
Show Notes:
"Menstruation in a Post-Dobbs World," 98 NYU L. Rev. Online 191 (2023) (Crawford and Waldman)
"Pink Tax and Other Tropes," 33 Yale J.L. & Feminism 88 (2023) (Crawford)
"Managing and Monitoring the Menopausal Body," 2022 U. Chi. Legal Forum (forthcoming 2022) (Cahn, Crawford, & Waldman)
"Contextualizing Menopause in the Law," 43 Harv. J. Gender & Law 1 (2022) (Cahn, Crawford, and Waldman)
"Working Through Menopause," 99 Wash. U. L. Rev. 1531(2022) (Cahn, Crawford, and Waldman)
Andrew Jennings and Kimberly D. Krawiec, Vice Capital (forthcoming 2024)
On today’s episode, the amazing James Stacey Taylor, a Professor of Philosophy at The College of New Jersey, joins me and UVA Law 3L Liam Bourque. Taylor has written over 100 academic articles and five books. He’s with us today to discuss excerpts from two of those books: Bloody Bioethics: Why Prohibiting Donor Compensation Harms Patients and Wrongs Donors, and Stakes & Kidneys: Why Markets in Human Body Parts Are Morally Imperative
Show Notes
Taylor, James Stacey. Stakes and kidneys: why markets in human body parts are morally imperative. Taylor & Francis, 2017.
Taylor, James Stacey. Bloody bioethics: Why prohibiting plasma compensation harms patients and wrongs donors. Routledge, 2022.
Blood and Repugnant Transactions with Nicola Lacetera & Mario Macis (Season 1, Episode 4)
https://tabootrades.buzzsprout.com/1227113/5542648
Plasma with Peter Jaworski (Season 1, Episode 1) https://tabootrades.buzzsprout.com/1227113/5147371-plasma-with-peter-jaworski
In this episode, my great friend and colleague, Danielle Citron, joins me and UVA Law students Gabriele Josephs and Aamina Mariam to discuss her latest book, The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age (W.W. Norton, Penguin Vintage UK, 2022). Danielle Citron is the Jefferson Scholars Foundation Schenck Distinguished Professor in Law and Caddell and Chapman Professor of Law at UVA, where she writes and teaches about privacy, free expression and civil rights. Her scholarship and advocacy have been recognized nationally and internationally. She is a 2019 MacArthur Fellow and the Vice President of the Cyber Civil Rights Initiative, which has been advocating for civil rights and liberties on equal terms in the digital age since 2013.
Her latest book, The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age (W.W. Norton, Penguin Vintage UK, 2022) was published in October 2022 and has been featured and excerpted in Wired, Fortune, and Washington Monthly, among others, and named by Amazon as a Top 100 book of 2022. Her first book,Hate Crimes in Cyberspace (Harvard University Press, 2014), was named one of the 20 Best Moments for Women in 2014 by the editors of Cosmopolitan magazine. She has also published more than 50 articles and essays.
Show Notes:
Citron, Danielle Keats, The Surveilled Student (August 25, 2023). Stanford Law Review, v. 76 (Forthcoming) , Virginia Public Law and Legal Theory Research Paper 2023-61, Available at SSRN: https://ssrn.com/abstract=4552267
The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age (W.W. Norton, Penguin Vintage UK, 2022)
Hate Crimes in Cyberspace (Harvard University Press, 2014)
In this episode, UVA Law students Mary Beth Bloomer and Anu Goel join me to talk to Kara W. Swanson, a Professor of Law and Affiliate Professor of History at Northeastern University and a visiting scholar at Princeton University’s Institute For Advanced Studies. Professor Swanson is an accomplished scholar, legal practitioner and scientist whose chief interests are in intellectual property law, gender and sexuality, the history of science, medicine, and technology and legal history. In 2021, she was selected for the Law & Society Association’s John Hope Franklin Prize, which recognizes exceptional scholarship in the field of race, racism and the law.
Professor Swanson's research has been supported by the Mellon Foundation, the National Science Foundation, the National Endowment for the Humanities and the Lemelson Center for the Study of Invention and Innovation, among other funding organizations. We’re discussing her 2014 book, Banking on the Body: The Market in Blood, Milk and Sperm in Modern America, published by Harvard University Press.
Further Reading
Kara Swanson, Banking on the Body: The Market in Blood, Milk and Sperm in Modern America (Harvard University Press, 2014).
Kara Swanson, “Rethinking Body Property,” 44 Florida State University Law Review 193 (2016).
Almeling, Rene. Sex cells: The medical market for eggs and sperm. Univ of California Press, 2011.
Krawiec, Kimberly D. "Sunny samaritans and egomaniacs: price-fixing in the gamete market." Law & Contemp. Probs. 72 (2009): 59.
Krawiec, Kimberly D. "Egg-donor price fixing and Kamakahi v. American society for reproductive medicine." AMA Journal of Ethics 16.1 (2014): 57-62.
Krawiec, Kimberly D. “Gametes: Commodification and The Fertility Industry” forthcoming in The Routledge Handbook of Commodification, Vida Panitch and Elodie Bertrand eds.
On this episode, George Mason Law's Ilya Somin joins me and UVA Law students Joseph Camano ('24) and Dennis Ting ('24) to discuss the full implications of "My Body, My Choice." Somin argues that the principle has implications that go far beyond abortion (including paying kidney donors, and abolishing the draft and mandatory jury service) and that both liberals and conservatives are inconsistent in their application.
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, 2020, revised and expanded edition, 2021), Democracy and Political Ignorance: Why Smaller Government is Smarter(Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), co-author of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Further Reading:
Ilya Somin bio, George Mason Law School
Ilya Somin, Democracy and Political Ignorance: Why Smaller Government is Smarter(Stanford University Press, revised and expanded second edition, 2016)
Ilya Somin, Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, 2020, revised and expanded edition, 2021)
Welcome to season 4 with UVA Law students:
Aamina Mariam
Anu Goel
Darius Adel
Dennis Ting
Gabriele Josephs
Jenna Smith
Julia D'Rozario
Kate Granruth
Liam Bourque
Mary Beth Bloomer
My guests this week are my UVA Law colleagues, Naomi Cahn and Julia Mahoney. We’re discussing their recent article in The Conversation, “Who Keeps The Wedding Ring After A Breakup?” We also discuss work by Margaret Brinig, Rebecca Tushnet, and Viviana Zelizer. Finally, we demonstrate that I utterly fail to understand engagement ring pricing.
Naomi Cahn is the Justice Anthony M. Kennedy Distinguished Professor of Law at the University of Virginia and is an expert in family law, trusts and estates, feminist jurisprudence, reproductive technology, and aging and the law. She is the co-director of UVA Law’s Family Law Center.Julia Mahoney is the John S. Battle Professor of Law at the University of Virginia, where she teaches courses in property and constitutional law, as well as a seminar, “Feminism and the Free Market.” Her scholarship includes works on altruism and the provision of biomedical technologies.
Naomi Cahn and Julia D. Mahoney, Who keeps the engagement ring after a breakup? 2 law professors explain why you might want a prenup for your diamond, The Conversation, March 22, 2023
Julia Mahoney Bio, University of Virginia
Naomi Cahn Bio, University of Virginia
Course description, Feminism and the Free Market
Margaret F. Brinig, Rings and Promises, 6 J.L. Econ & Org. 203 (1990).
Tushnet, Rebecca. "Rules of engagement." Yale LJ 107 (1997): 2583.
Viviana A. Zelizer, The Purchase of Intimacy, Princeton University Press (2007)
My guests today are Mark Fenster of the University of Florida Levin College of Law and Dave Hoffman of the University of Pennsylvania Carey Law School. We’re discussing Mark’s recent article, How Reputational Nondisclosure Agreements Fail (Or, In Praise of Breach), forthcoming in The Marquette Law Review.
Mark Fenster is the Marshall M. Criser Eminent Scholar Chair in Electronic Communications and Administrative Law at the Levin College of Law. His legal research has focused on government transparency, legal intellectual history, and constitutional limits on government regulation. He is the author of the book The Transparency Fix: Secrets, Leaks, and Uncontrollable Government Information (Stanford University Press, 2017), and his articles and essays have appeared in the California Law Review, Michigan Law Review, and the Iowa Law Review, among others.
David Hoffman is the William A. Schnader Professor of Law and Deputy Dean at the University of Pennsylvania Carey Law School. Professor Hoffman is a widely-cited scholar who focuses his research and teaching on contract law. His work is typically interdisciplinary, built through collaboration with co-authors from a variety of fields. He has engaged in the national conversation sparked by the #metoo movement, publishing a paper with a (then) Penn Carey Law student that argues that nondisclosure clauses in employment contracts violate public policy.
Further Reading:
Mark Fenster Bio, University of Florida
Dave Hoffman Bio, University of Pennsylvania
Mark Fenster, How Reputational Nondisclosure Agreements Fail (Or, In Praise of Breach), SSRN
David Hoffman & Erik Lampmann, Hushing Contracts
My guests today are my UVA Law colleague, Mike Gilbert, and University of Alabama Professor, Yonathan Arbel. We’re discussing their paper, Truth Bounties: A Market Solution to Fake News, forthcoming in the University of North Carolina Law Review.
Mike Gilbert is the vice dean and a Professor of Law at the University of Virginia School of Law. He teaches courses on election law, legislation, and law and economics, and his current research focuses on misinformation, corruption, and the role of “prosocial” preferences such as empathy in law.
Yonathan Arbel is an Associate Professor of Law at the University of Alabama School of Law. His work focuses on commercial, consumer, and private law; and his methodology combines doctrinal, economic, and socio-legal analysis.
Further Reading:
Truth Bounties: A Market Solution to Fake News
Slicing Defamation by Contract by Yonathan Arbel
How Do You Stop Fake News? Guarantee the Truth
Carlill v Carbolic Smoke Ball Co
Michael Gilbert Bio, UVA Law
Yonathan Arbel Bio, University of Alabama Law
Today’s guest is the Israeli sociologist, Hagai Boas, a four-time organ transplant recipient and the author of The Political Economy of Organ Transplantation, published by Routledge. Hagai is the second transplant recipient on the podcast (Sally Satel, an earlier guest, has received two kidney transplants), but I’ve never met anyone before who has been transplanted four times, or who has purchased an organ on the black market, as Hagai did with his third transplant. Boas is the director of the Science, Technology, and Society unit at Van Leer Jerusalem Institute. He is also a senior lecturer in the Department of Politics and Government at Ben-Gurion University.
Today, I'm joined by two fabulous guests: Marielle Gross, Assistant Professor of Obstetrics, Gynecology, and Reproductive Sciences at the University of Pittsburgh, and renaissance man, Brian Frye, the Spears-Gilbert Professor of Law at the University of Kentucky.
Marielle provides clinical care at UPMC Altoona and her research focuses on the application of technology and elimination of bias as a means of promoting evidence-basis, equity and efficiency in women’s healthcare. Today, we’re discussing heny, Inc., a start up that Marielle founded that utilizes NFTs to allow breast cancer patients to remain connected to their biopsy results. When patients participate in research studies, their names and identifying features are taken off of their samples – in other words, they are deidentified. What this means is that if researchers find medically relevant information, they can’t pass that on to the patient. Nor can patients share in any of the profits that research on their tissue might generate. As we discuss in this episode, Marielle was inspired by the infamous Henrietta Lacks case to create a non-fungible NFT-like token that allows breast cancer patients to track and learn about research on their donated tumor and tissues.
That’s where Brian Frye comes in: he teaches courses on patent and intellectural property law, and has published widely about NFTs. Many of his articles are linked in the show notes. Brian is also a filmmaker. He produced the documentary Our Nixon (2013), which was broadcast by CNN and opened theatrically nationwide. His short films and videos have shown in the 2002 Whitney Biennial, the New York Film Festival, and the San Francisco International Film Festival, among other venues, and are in the permanent collection of the Whitney Museum of American Art. If you don’t get enough of Brian in this episode, then make sure to listen to my earlier bonus episode: The Plagiarism Taboo with Brian Frye.
Further reading and listening:
Marielle S Gross, MD; Amelia J Hood, MA; Robert C Miller Jr, BA, Nonfungible Tokens as a Blockchain Solution to Ethical Challenges for the Secondary Use of Biospecimens: Viewpoint, JMIR Bioinform Biotech 2021;2(1):e29905)doi: 10.2196/29905; https://bioinform.jmir.org/2021/1/e29905
This Pitt professor’s startup applies NFTs to bioethics, Technical.ly, Sept. 13, 2022; https://technical.ly/startups/heny-nfts-bioethics-marielle-gross/
The Plagiarism Taboo with Brian Frye, https://www.buzzsprout.com/1227113/episodes/11050801
Frye, Brian L., NFTs & the Death of Art (April 19, 2021). Available at SSRN: https://ssrn.com/abstract=3829399 or http://dx.doi.org/10.2139/ssrn.3829399
Frye, Brian L., How to Sell NFTs Without Really Trying (September 25, 2021). 13 Harvard Journal of Sports and Entertainment Law 113 (2022), Available at SSRN: https://ssrn.com/abstract=3930430
Frye, Brian L., After Copyright: Pwning NFTs in a Clout Economy (November 25, 2021). 45 Colum. J.L.& Arts 341 (2022), Available at SSRN: https://ssrn.com/abstract=3971240 or http://dx.doi.org/10.2139/ssrn.3971240
Frye, Brian L., The Art of the Token (March 16, 2022). Stanford Journal of Blockchain Law & Policy, Available at SSRN: https://ssrn.com/abstract=4059574
And so concludes another season of the Taboo Trades podcast,
courtesy of me, Kim Krawiec, and the fabulous students at the University of Virginia. But never fear, I have some wonderful bonus episodes lined up over the coming months, with interesting guests, and I’ve invited some very special colleagues to join me as guest co-hosts.
In this episode, Holly Fernandez Lynch and I continue our discussion of clinical research ethics with co-hosts Rahima Ghafoori and Caroline Gozigian (UVA Law '23). In this Part 2 of our interview, we focus on questions of payment, exploitation, and trust. As a reminder, in Part I, Holly introduced the basic regulatory framework governing clinical trials, with a focus on laws and rules impacting payment. She also discussed the benefits of and concerns about human challenge studies, and shared some historical examples.
Holly Fernandez Lynch, JD, MBE, is Assistant Professor of Medical Ethics in the Department of Medical Ethics and Health Policy at the Perelman School of Medicine (PSOM), University of Pennsylvania. She has a secondary appointment as an Assistant Professor of Law at the University of Pennsylvania Carey Law School.
A lawyer and bioethicist by training, Professor Fernandez Lynch’s scholarly work focuses on Food and Drug Administration (FDA) pharmaceutical policy, access to investigational medicines outside clinical trials, clinical research ethics, and the ethics of gatekeeping in health care. Her specific areas of expertise include Institutional Review Board (IRB) quality, payment to research participants, research prioritization, pre-approval access pathways (e.g., Expanded Access, Emergency Use Authorization, and Right to Try), and efforts to balance speed and certainty in drug approvals, including pathways that rely on post-approval trials such as accelerated approval.
Links:
Lynch HF, Darton TC, Levy J, McCormick F, Ogbogu U, Payne RO, Roth AE, Shah AJ, Smiley T, Largent EA. Promoting Ethical Payment in Human Infection Challenge Studies. Am J Bioeth. 2021 Mar;21(3):11-31. doi: 10.1080/15265161.2020.1854368. Epub 2021 Feb 4. PubMed PMID: 33541252.
Shah SK, Miller FG, Darton TC, Duenas D, Emerson C, Lynch HF, Jamrozik E, Jecker NS, Kamuya D, Kapulu M, Kimmelman J, MacKay D, Memoli MJ, Murphy SC, Palacios R, Richie TL, Roestenberg M, Saxena A, Saylor K, Selgelid MJ, Vaswani V, Rid A. Ethics of controlled human infection to address COVID-19. Science. 2020 May 22;368(6493):832-834. doi: 10.1126/science.abc1076. Epub 2020 May 7. PubMed PMID: 32381590.
Largent EA, Heffernan KG, Joffe S, Lynch HF. Paying Clinical Trial Participants: Legal Risks and Mitigation Strategies. J Clin Oncol. 2020 Feb 20;38(6):532-537. doi: 10.1200/JCO.19.00250. Epub 2019 Jun 14. PubMed PMID: 31199697.
Holly Fernandez Lynch and I discuss clinical research ethics, including challenge trials, research subject payment, and diversity in medical research with co-hosts Rahima Ghafoori and Caroline Gozigian (UVA Law '23). In this episode, Holly introduces the basic regulatory framework governing clinical trials, with a focus on laws and rules impacting payment. She also discusses the benefits of and concerns about human challenge studies, and shares some historical examples. In the next episode, Part II of our interview, we explore issues of coercion, inducement, and exploitation more explicitly.
Holly Fernandez Lynch, JD, MBE, is Assistant Professor of Medical Ethics in the Department of Medical Ethics and Health Policy at the Perelman School of Medicine (PSOM), University of Pennsylvania. She co-chairs the PSOM Research Ethics and Policy Series (REPS) and serves as Assistant Faculty Director of Online Educational Initiatives in the Department, where she helps lead the Master of Health Care Innovation. She has a secondary appointment as an Assistant Professor of Law at the University of Pennsylvania Carey Law School.
A lawyer and bioethicist by training, Professor Fernandez Lynch’s scholarly work focuses on Food and Drug Administration (FDA) pharmaceutical policy, access to investigational medicines outside clinical trials, clinical research ethics, and the ethics of gatekeeping in health care. Her specific areas of expertise include Institutional Review Board (IRB) quality, payment to research participants, research prioritization, pre-approval access pathways (e.g., Expanded Access, Emergency Use Authorization, and Right to Try), and efforts to balance speed and certainty in drug approvals, including pathways that rely on post-approval trials such as accelerated approval.
Links:
Lynch HF, Darton TC, Levy J, McCormick F, Ogbogu U, Payne RO, Roth AE, Shah AJ, Smiley T, Largent EA. Promoting Ethical Payment in Human Infection Challenge Studies. Am J Bioeth. 2021 Mar;21(3):11-31. doi: 10.1080/15265161.2020.1854368. Epub 2021 Feb 4. PubMed PMID: 33541252.
Shah SK, Miller FG, Darton TC, Duenas D, Emerson C, Lynch HF, Jamrozik E, Jecker NS, Kamuya D, Kapulu M, Kimmelman J, MacKay D, Memoli MJ, Murphy SC, Palacios R, Richie TL, Roestenberg M, Saxena A, Saylor K, Selgelid MJ, Vaswani V, Rid A. Ethics of controlled human infection to address COVID-19. Science. 2020 May 22;368(6493):832-834. doi: 10.1126/science.abc1076. Epub 2020 May 7. PubMed PMID: 32381590.
Largent EA, Heffernan KG, Joffe S, Lynch HF. Paying Clinical Trial Participants: Legal Risks and Mitigation Strategies. J Clin Oncol. 2020 Feb 20;38(6):532-537. doi: 10.1200/JCO.19.00250. Epub 2019 Jun 14. PubMed PMID: 31199697.
In today’s episode, UVA Law 3Ls, Makenna Cherry and Meghana Puchalapalli join me to continue our discussion with Lancaster University professor Stephen Wilkinson. Wilkinson is a Professor of Bioethics, Associate Dean for Research for the Faculty of Arts and Social Sciences, and Chair of the University Research Ethics Committee.
Much of his work is about reproductive ethics and the regulation of reproductive technologies, especially the ethics of selective reproduction. A book on this topic (Choosing Tomorrow’s Children, Oxford University Press) was published in 2010. Since then, particular interests have included ethical issues raised by uterus transplantation, non-invasive pre-natal testing, mitochondrial replacement, new sources of eggs and sperm, genome editing, surrogacy, and public funding for infertility treatment.
Another abiding interest is the commercial exploitation of the human body, which was the subject of his first book, Bodies for Sale (Routledge, 2003), which we discuss in this episode, together with his 2016 article, Exploitation in international paid surrogacy arrangements, which appeared in the Journal of Applied Philosophy.
Professor Stephen Wilkinson Bio, Lancaster University: https://www.lancaster.ac.uk/ppr/people/stephen-wilkinson
Exploitation in international paid surrogacy arrangements
Wilkinson, S. 05/2016 In: Journal of Applied Philosophy. 33, 2, p. 125-145
Bodies for sale: ethics and exploitation in the human body trade
Wilkinson, S. 2003 New York : Routledge. 248 p. ISBN: 9780415266253 .
My guest today is Lancaster University professor Stephen Wilkinson and I’m joined by two UVA Law 3L co-hosts, Makenna Cherry and Meghana Puchalapalli. Wilkinson is a Professor of Bioethics, Associate Dean for Research for the Faculty of Arts and Social Sciences, and Chair of the University Research Ethics Committee.
Much of his work is about reproductive ethics and the regulation of reproductive technologies, especially the ethics of selective reproduction. A book on this topic (Choosing Tomorrow’s Children, Oxford University Press) was published in 2010. Since then, particular interests have included ethical issues raised by uterus transplantation, non-invasive pre-natal testing, mitochondrial replacement, new sources of eggs and sperm, genome editing, surrogacy, and public funding for infertility treatment.
Another abiding interest is the commercial exploitation of the human body, which was the subject of his first book, Bodies for Sale (Routledge, 2003), which we discuss in this episode, together with his 2016 article, Exploitation in international paid surrogacy arrangements, which appeared in the Journal of Applied Philosophy.
Professor Stephen Wilkinson Bio, Lancaster University: https://www.lancaster.ac.uk/ppr/people/stephen-wilkinson
Exploitation in international paid surrogacy arrangements
Wilkinson, S. 05/2016 In: Journal of Applied Philosophy. 33, 2, p. 125-145
Bodies for sale: ethics and exploitation in the human body trade
Wilkinson, S. 2003 New York : Routledge. 248 p. ISBN: 9780415266253 .
In today’s episode, UVA Law 3Ls Reidar Composano and Bryan Blaylock join me to continue our discussion with University of Chicago Law professor, Mary Anne Case, about her forthcoming paper, Donorsexuality. The f-bomb is dropped (but for reasons relevant to the paper) and I emphasize (again) that all this Con Law talk is not welcome on my podcast. No one listens to me.
Case litigated for Paul, Weiss, Rifkind, Wharton & Garrison and was professor of law and Class of 1966 Research Professor at the University of Virginia before joining the Chicago Law School faculty. Her scholarship has concentrated on the regulation of sex, gender, sexuality, religion, and family; and the early history of feminism.
Mary Anne Case faculty bio: https://www.law.uchicago.edu/faculty/case
University of Chicago Law professor, Mary Anne Case, joins me and UVA Law 3Ls Reidar Composano and Bryan Blaylock to discuss her forthcoming paper, Donorsexuality. The f-bomb is dropped (but for reasons relevant to the paper) and I emphasize (again) that all this Con Law talk is not welcome on my podcast. No one listens to me.
Case litigated for Paul, Weiss, Rifkind, Wharton & Garrison and was professor of law and Class of 1966 Research Professor at the University of Virginia before joining the Chicago Law School faculty. Her scholarship has concentrated on the regulation of sex, gender, sexuality, religion, and family; and the early history of feminism.
Mary Anne Case faculty bio: https://www.law.uchicago.edu/faculty/case
Jonathan Peterson and I continue our discussion of prisons, commodification, and privatization, together with UVA Law 3Ls Ryan Fitzgerald and Mary Talkington. Peterson is an Associate Professor of Philosophy at Loyola New Orleans and the paper we’re discussing is forthcoming in the Routledge Handbook on Commodification, edited by Elodie Bertrand and Vida Panitch. (As mentioned in the last episode, I have a chapter in the Handbook as well)
Jonathan’s research specializations are in philosophy of law and political philosophy. His current research focuses on political authority, social justice, criminal law, and punishment.
Jonathan’s paper is an important read for anyone interested in prison reform. We hope you enjoy this final portion of our discussion.
Jonathan Peterson's webpage at Loyola New Orleans: http://cas.loyno.edu/philosophy/bios/jonathan-peterson
In this episode, I – together with UVA Law 3Ls Ryan Fitzgerald and Mary Talkington -- interview Jonathan Peterson, an Associate Professor of Philosophy at Loyola New Orleans, about commodification and privatization in prisons. The paper we’re discussing is forthcoming in the Routledge Handbook on Commodification, edited by Elodie Bertrand and Vida Panitch.
Jonathan’s research specializations are in philosophy of law and political philosophy. His current research focuses on political authority, social justice, criminal law, and punishment.
Jonathan Peterson's webpage at Loyola New Orleans: http://cas.loyno.edu/philosophy/bios/jonathan-peterson
In this episode, UVA Law 3L Marley Peters and I continue our discussion with Brittany Farr, Assistant Professor of Law at NYU School of Law. We’re discussing her article, Breach By Violence, which is forthcoming in the UCLA Law Review. It analyzes the use of private law by sharecroppers and tenant farmers in the Jim Crow South to address violent breaches of contract by landlords. To hear the full interview, make sure to also listen to the prior episode, Episode 3.
Farr is a scholar of private law and race. With more than a decade of interdisciplinary training, her research draws on history, legal theory, and cultural studies to theorize how marginalized populations have availed themselves of otherwise inhospitable legal regimes. In particular, her research focuses on enslaved and free African Americans’ use of contract law during the nineteenth and early twentieth centuries and interrogates the ways in which contract law mediated African Americans’ relationship to bodily autonomy, economic freedom, and legal agency both during and after slavery.
Brittany Farr NYU Homepage: https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=57053
Interview with Samuel James (S. J.) and Leonia Farrar, May 28, 2003.
Interview K-0652. Southern Oral History Program Collection (#4007). https://docsouth.unc.edu/sohp/playback.html?base_file=K-0652&duration=01:29:20
Oral history with 84 year old black female, Joiner, Arkansas https://www.loc.gov/item/afccal000030
In this episode, UVA Law 3L Marley Peters and I interview Brittany Farr, Assistant Professor of Law at NYU School of Law. Farr is a scholar of private law and race. With more than a decade of interdisciplinary training, her research draws on history, legal theory, and cultural studies to theorize how marginalized populations have availed themselves of otherwise inhospitable legal regimes. In particular, her research focuses on enslaved and free African Americans’ use of contract law during the nineteenth and early twentieth centuries and interrogates the ways in which contract law mediated African Americans’ relationship to bodily autonomy, economic freedom, and legal agency both during and after slavery.
We’re discussing her article, Breach By Violence, forthcoming in the UCLA Law Review, which analyzes the use of private law by sharecroppers and tenant farmers in the Jim Crow South to address violent breaches of contract by landlords.
Brittany Farr NYU Homepage: https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=57053
Interview with Samuel James (S. J.) and Leonia Farrar, May 28, 2003.
Interview K-0652. Southern Oral History Program Collection (#4007). https://docsouth.unc.edu/sohp/playback.html?base_file=K-0652&duration=01:29:20
Oral history with 84 year old black female, Joiner, Arkansas https://www.loc.gov/item/afccal000030
In this episode, we continue our discussion with Nathan B. Oman, the W. Taylor Reveley III Research Professor and Co-Director of the Center for the Study of Law and Markets at William & Mary School of Law. Nate specializes in Contract Law, the Economic Analysis of Law, Jurisprudence, Law and Religion, and Legal History. Today, we’re discussing his 2009 article, Specific Performance and the Thirteenth Amendment, published in the Minnesota Law Review.
As I mentioned in episode 1, the article first came to my attention this summer, when the internet erupted with suggestions that the specific performance clause in the Elon Musk (more precisely, X Holdings) merger agreement with Twitter wasn’t enforceable because of the 13th Amendment. As you heard in our last episode, Nate strongly disagrees with that take.
I’ve split my discussion with Nate into two parts. In Episode 1, largely driven by questions from UVA Law 3Ls Bridget Boyd and Jenn Scoler, we discussed the Musk-Twitter litigation and the various provisions of the merger agreement, including the specific performance provision and the termination fee. In this episode, we delve more deeply into Nate’s analysis of the scope of the 13th amendment’s prohibition against indentured servitude and its relation to the specific performance of personal service contracts. As always, we spend some time on examples from the world of sports . . . because hey, we’re in Virginia.
Links:
Nathan B. Oman faculty bio https://law2.wm.edu/faculty/bios/fulltime/nboman.php
Nathan B. Oman, Specific Performance and the Thirteenth Amendment, 93 MINN. L. REV. 2020 (2009). https://www.minnesotalawreview.org/wp-content/uploads/2012/01/Oman_MLR.pdf
Amendment and Plan of Merger by and among X Holdings I, Inc., X Holdings II, Inc. and Twitter, Inc. dated as of April 25, 2022 https://kimberlydkrawiec.org/wp-content/uploads/2022/09/Musk-Twitter-Agreement.pdf
In this episode, UVA Law 3Ls Bridget Boyd and Jenn Scoler join me to interview Nathan B. Oman, the W. Taylor Reveley III Research Professor and Co-Director of the Center for the Study of Law and Markets at William & Mary School of Law. Nate specializes in Contract Law, the Economic Analysis of Law, Jurisprudence, Law and Religion, and Legal History. Today, we’re discussing his 2009 article, Specific Performance and the Thirteenth Amendment, published in the Minnesota Law Review.
The article first came to my attention this summer, when the internet erupted with suggestions that the specific performance clause in the Elon Musk (more precisely, X Holdings) merger agreement with Twitter wasn’t enforceable because of the 13thAmendment. As you’ll hear in this episode, Nate is having none of that.
I’ve split my discussion with Nate into two parts. In this Part, largely driven by questions from Bridget and Jenn, we discuss the Musk-Twitter litigation and the various provisions of the merger agreement, including the specific performance provision and the termination fee. If you’re covering that litigation in class this year, in my completely and wholly unbiased view , the episode makes a really nice introduction for students to some of the issues.
Links:
Nathan B. Oman faculty bio https://law2.wm.edu/faculty/bios/fulltime/nboman.php
Nathan B. Oman, Specific Performance and the Thirteenth Amendment, 93 MINN. L. REV. 2020 (2009). https://www.minnesotalawreview.org/wp-content/uploads/2012/01/Oman_MLR.pdf
Amendment and Plan of Merger by and among X Holdings I, Inc., X Holdings II, Inc. and Twitter, Inc. dated as of April 25, 2022 https://kimberlydkrawiec.org/wp-content/uploads/2022/09/Musk-Twitter-Agreement.pdf
Welcome to Season 3! Hear more about this year's topics and guests and listen to UVA Law students introduce themselves and talk about why they're taking time out of their busy law school schedules to produce this podcast with me.
This year's co-hosts are: Bryan Black, Bridget Boyd, Makenna Cherry, Reider Compasano, Ryan Fitzgerald, Rahima Ghafoori, Caroline Gozigian, Marley Peters, Meghana Puchalapalli, Jennifer Scoler, and Mary Talkington
Frank McCormick is an economist and the author of numerous articles focused on the shortage of kidneys for transplantation. He is retired from the Bank of America where he was Vice-president and Director of U.S. Economic and Financial Research. Today, we’re discussing his recent article, Projecting the Economic Impact of Compensating Living Kidney Donors in the United States: Cost-Benefit Analysis Demonstrates Substantial Patient and Societal Gains, co-authored with Philip J. Held, Glenn Chertow, Thomas G. Peters, and John P. Roberts. It is published in the journal, Value in Health and is available here: https://www.sciencedirect.com/science/article/pii/S109830152201957X/
Brian Frye and I engage in academic navel gazing, discuss scholarly shit posting, and argue about the virtues of plagiarism. A fun time was had!
My guest today is one of the most unusual and creative voices in the legal academy, Brian Frye, the Spears-Gilbert Professor of Law at the University of Kentucky. He teaches classes in civil procedure, intellectual property, copyright, and nonprofit organizations, as well as a seminar on law and popular culture. Today we’re engaging in academic navel gazing and opining on plagiarism, law review publishing, and plagiarism.
Brian is also a filmmaker. He produced the documentary Our Nixon (2013), which was broadcast by CNN and opened theatrically nationwide. His short films and videos have shown in the 2002 Whitney Biennial, the New York Film Festival, and the San Francisco International Film Festival, among other venues, and are in the permanent collection of the Whitney Museum of American Art. His critical writing on film and art has appeared in October, The New Republic, Film Comment, Cineaste, Senses of Cinema, and Incite! among other journals.
Additionally, Professor Frye also produces a podcast that I highly recommend, Ipse Dixit https://shows.pippa.io/ipse-dixit
I say goodbye to my amazing students and they say goodbye to all of you. Join us for our final sign-off
My UVA colleague, Gregg Strauss, and I interview Sean Williams, of the University of Texas School of Law about his new paper "Sacred Children and Taboo Trade Offs"
Welcome to the first bonus episode of the Taboo Trades podcast! As regular listeners know, I’ve sadly had to say goodbye to the amazing group of students who were my co-hosts for Season 2. But I decided to do a couple of bonus episodes this summer, and this is the first, featuring Sean Williams of the University of Texas School of Law. I also have a very special co-host, one of my favorite colleagues at UVA Law, Gregg Strauss.
Sean Williams studies decision making dynamics in a wide variety of areas including marriage markets, parental investments in child safety, jury damage awards, and consumer contracts. He writes widely on Family Law, Tort Theory, and Behavioral Law and Economics. Today we’re discussing his new working paper, “Sacred Children and Taboo Tradeoffs,” which is downloadable from SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4163131
Gregg Strauss is with me at the University of Virginia school of law. He is both a lawyer and a philosopher, and studies the limits of legitimate law in situations of fundamental disagreement, with an emphasis on familial relationships.
Welcome to part 2 of my interview with Gabriel Rossman, Associate Professor of Sociology at UCLA, and co-host, UVA Law 3L Autumn Adams-Jack. We continue our discussion of sex, drugs, and Islamic finance, among other taboo trades.
It’s also our final episode of season 2. Please listen to the end of the episode for a special goodbye from America’s favorite law students. Thank you to Gabriel for helping us wrap up this season with a great episode. And thanks to all of you for listening.
Want to buy sex, bribe a politician, or get your dumb kid into an Ivy League school? I discuss how to get away with taboo trades with Gabriel Rossman, an Associate Professor of Sociology at UCLA, and my co-host, UVA Law 3L Autumn Adams-Jack.
Rossman studies cultural industries (such as radio and film) and economic sociology (including diffusion and disreputable exchange). He is interested in how people structure immoral exchanges like bribery to make them more subtle and therefore less obviously immoral.
I’ve been an admirer of Rossman’s work for a number of years and was so happy to have this opportunity to talk to him about his research that I kept him longer than normal and have divided his podcast into two parts. In this part, we talk about sugar babies, college admissions, Bill Cosby, and Islamic finance. We also discuss a forthcoming book manuscript on the obfuscation of disreputable exchange that Gabriel generously shared, currently titled “How to Get Away With Paying Bribes, Buying Sex, and Selling Corpses.
Suggested Readings
· “It’s Only Wrong If It’s Transactional.” 2018. (with Oliver Schilke) American Sociological Review.
· “Obfuscatory Relational Work and Disreputable Exchange.” 2014. Sociological Theory.
· “The Diffusion of the Legitimate and the Diffusion of Legitimacy.” 2014. Sociological Science.
· Climbing the Charts: What Radio Airplay Tells Us about the Diffusion of Innovation. Princeton University Press. 2012.
I discuss what it's like to need (and receive) a life-saving kidney transplant with AEI's Sally Satel (a two-time kidney transplant patient) and UVA 3L, Caitlyn Stollings, who co-hosts this episode.
Dr. Satel is a resident scholar at the American Enterprise Institute and the staff psychiatrist at a local methadone clinic in Washington D.C. She was also an assistant professor of psychiatry at Yale University from 1988 to 1993 and remains a lecturer at Yale.
Importantly for our purposes, she is a two-time kidney transplant patient and has written widely about that experience. Dr. Satel is also the editor of When Altruism Isn’t Enough: The Case for Compensating Kidney Donors
Recommended Reading:
Desperately Seeking a Kidney - The New York Timeshttps://www.nytimes.com › magazine › 16kidney-t
Dec 16, 2007 —
The current kidney donation system is failing us.https://slate.com › technology › 2016/09 › the-current-...
Sep 13, 2016 —
Opinion | Generosity won't fix our shortage of organs for ...https://www.washingtonpost.com › news › 2015/12/28
Dec 28, 2015 —
Cook, Philip J., and Kimberly D. Krawiec. "If We Allow Football Players and Boxers to Be Paid for Entertaining the Public, Why Don't We Allow Kidney Donors to Be Paid for Saving Lives." Law & Contemp. Probs. 81 (2018): 9.
I discuss marijuana legalization and why Congress is so incompetent, with Ohio State's Douglas Berman and UVA Law 3L, Cortney Inman, my co-host for this episode.
Douglas Berman is the Newton D. Baker-Baker & Hostetler Chair in Law, and the Executive Director of the Drug Enforcement and Policy Center at Ohio State University’s Moritz College of Law. His principal teaching and research focus is criminal law and sentencing, and marijuana law and policy.
Professor Berman is the co-author of two casebooks. Sentencing Law and Policy and Marijuana Law and Policy. He has served as an editor of the Federal Sentencing Reporter for more than a decade and is the sole creator and author of the widely-read and widely-cited blog, Sentencing Law and Policy, which now receives nearly 100,000 page views per month and was the first blog ever cited by the U.S. Supreme Court.
Recommended Reading:
Drug Enforcement and Policy Center: Marijuana Reform Focus Area
https://moritzlaw.osu.edu/faculty-and-research/drug-enforcement-and-policy-center/marijuana-reform
Joanna Lampe, Congressional Research Service, Does the President Have the Power to Legalize Marijuana? (Nov. 4, 2021), at https://crsreports.congress.gov/product/pdf/LSB/LSB10655
Jennifer Le, Federal Cannabis Reform – Is 2022 the Year?, National Law Review (Feb 11, 2022), at
https://www.natlawreview.com/article/federal-cannabis-reform-2022-year
Hailey Fuchs & Natalie Fertig, Big Weed is on the brink of scoring big political wins. So where are they?. Politico, Jan. 22, 2022, at https://www.politico.com/news/2022/01/22/big-weed-brink-scoring-political-wins-527604
Douglas Berman & Alex Kreit, Marijuana Law & Policy Casebook https://www.amazon.com/Marijuana-Law-Policy-Douglas-Berman/dp/1531010377
With the Final Four nearly upon us, I discuss college sports with Paul Haagen of Duke University and UVA Law 3L, Jackson Bailey.
Paul is a Professor of Law and Co-Director of the Center for Sports Law and Policy at Duke University.
His principal academic interests are contracts, the social history of law, and law and sports.
Recommended Reading:
Sports in the Courts: The NCAA and the Future of Intercollegiate Revenue Sports, 103 Judicature 54-61 (2019)
Vida Panitch and I discuss (de)commodification, corruption, exploitation, and coercion with my co-host, UVA Law 3L, Nevah Jones. We're specifically interested in women's intimate and reproductive labor, including sex work, surrogacy, and egg donation.
Vida Panitch is an Associate Professor of Philosophy and Ethics and Public Affairs at Carleton University. Her primary research project addresses the moral boundaries of markets – specifically markets in public goods, including health care and education, and physical goods, including body parts and intimate services – and the extent to which theories of exploitation, commodification, and inequality can help us determine their permissible regulation.
Recommended Reading:
1. Panitch, Vida. Decommodification as Exploitation (draft)
2. Panitch, Vida. Liberalism, commodification, and justice, in Politics, Philosophy, and Economics (2020)
3. Panitch, Vida. Basic Income and Intimate Labor, The Future of Work, Technology, and Basic Income, Michael Cholbi and Michael Weber eds. (New York: Routledge): 157-174.
Co-hosts Samantha Spindler (UVA Law 2L), Madison White (UVA Law 3L), and I discuss pandemic responses with Govind Persad. Our focus is how to preserve personal choice in crisis response.
Persad is an Assistant Professor at the University of Denver Sturm college of law. Persad’s research interests center on the legal and ethical dimensions of health insurance, health care financing, and markets in health care services, as well as professional ethics and the regulation of medical research.
Fred and I discuss what society owes to the bodies and memories of former slaves with our co-host, UVA Law 3L Tom DelRegno
Fred Smith Jr., a Professor of Law at Emory University. He is a scholar of the federal judiciary, constitutional law, and local government. In 2019, he was named the law school’s Outstanding Professor of the Year.
Additional Reading:
Smith Jr, Fred O. "On time,(in) equality, and death." Mich. L. Rev. 120 (2021): 195.
Smith, Fred O. "The Constitution After Death." Columbia Law Review 120.6 (2020): 1471-1548.
Kim and I, together with co-host (UVA 3L) Thalia Stanberry, discuss surrogacy, the right (or not) to procreate, and CRISPR
Kimberly Mutcherson is the Co-Dean and a Professor of Law at Rutgers Law School in Camden. Her scholarship focuses on reproductive justice, bioethics, and family and health law.
Further reading:
(1) Kimberly Mutcherson, Reproductive Rights without Resources or Recourse (Hastings Center Report, fall 2018).
(2) Kimberly Mutcherson, Building Queer Families and the Ethics of Gestational Surrogacy (University of Richmond Law Rev, 2019).
(3) Sandy Sufian and Rosemarie Garland-Thomson, The Dark Side of CRISPR, Scientific American, Feb. 16, 2021
Martha, John, and I discuss Martha's journey as a stranger donor with co-hosts Kaitlyn O'Malley and Caitlyn Stollings (UVA Law '22). Appearances are also made by Nevah Jones, Alex Leseney, Thalia Stanberry, Samantha Spindler, and Tom DelRegno.
Martha Gershun and John Lantos are authors of Kidney To Share, a new book published by Cornell University Press.
Martha Gershun is the former Executive Director of Jackson County CASA (Court Appointed Special Advocates). She is author of Care & Custody, and her work has appeared in The Kansas City Star, The New York Times Magazine, and The Radcliffe Quarterly.
John D. Lantos, MD, is Director of the Bioethics Center at Children's Mercy Hospital and Professor of Pediatrics at the University of Missouri Kansas City School of Medicine. His books include Do We Still Need Doctors, Neonatal Bioethics, and Controversial Bodies. He is Associate Editor of the American Journal of Bioethics, Perspectives in Biology and Medicine, and Current Problems in Pediatrics and Adolescent Health Care.
Al Roth and I discuss hitmen, drugs, kidneys, paid sex, and other repugnances. We’re joined by co-hosts Madison White and Alex Leseney (both UVA 3Ls), with appearances from UVA 3Ls Thalia Stanberry, Caitlyn Stollings, Jackson Bailey, and Autumn Adams-jack. A good time was had by all!
Alvin E. Roth is the Craig and Susan McCaw Professor of Economics at Stanford University. He works in the areas of game theory, experimental economics, and market design, and shared the 2012 Nobel Memorial Prize in Economics.
Readings referenced in this episode:
Roth, Alvin E. Who gets what--and why: the new economics of matchmaking and market design. Houghton Mifflin Harcourt, 2015.
Roth, Alvin E. "Repugnance as a Constraint on Markets." Journal of Economic perspectives 21.3 (2007): 37-58.
Roth, Alvin E. "Marketplaces, markets, and market design." American Economic Review 108.7 (2018): 1609-58.
Chenlin Gu, Alvin Roth, Qingyun Wu (2022) Forbidden Transactions and Black Markets. Mathematics of Operations Research Published online in Articles in Advance 28 Jan 2022 . https://doi.org/10.1287/moor.2021.1236
Pat discusses marijuana legalization and disses on the tax academe
Pat Oglesby is a tax attorney and the founder of the Center for New Revenue, a tax policy nonprofit. He worked for the Joint Committee on Taxation of the United States Congress from 1982 to 1988, first as a Legislation Attorney and then as the International Tax Counsel. From 1988 to 1990, under Senator Lloyd Bentsen of Texas, he held the position of Chief Tax Counsel of the Committee on Finance of the United States Senate.
Link to marijuana billboards discussed in this episode.
Christian explains the rules of financial fair play in European football. Then we argue about why people have sex.
Christian Turner is an Associate Professor of Law at the University of Georgia. His areas of interest are legal theory, jurisprudence, the public-private distinction, legal institutions, law and cognition, property law, natural resources law, and the regulation of knowledge and information.
Christian Turner, The Segregation of Markets , 7 Tex. A&M L. Rev. 299 (2020),
Available at: https://digitalcommons.law.uga.edu/fac_artchop/1328
The Oral Argument Podcast
Walzer, Michael. Spheres of justice: A defense of pluralism and equality. Basic books, 2008.
Radin, Margaret Jane. Contested commodities. Harvard University Press, 1996.
Nico and Mario discuss their research on blood donation and attitudes toward taboo trades. I fail at zoom.
Mario Macis is a Professor of Economics at Johns Hopkins Carey Business School. His research interests include pro-social behavior, morally controversial transactions, global health, experimental economics, development economics, and labor economics.
Nico Lacetera is a Professor of Strategic Management at the Rotman School of Management at the University of Toronto. His research concerns the ethical constraints and social support to markets, the motivations for altruistic behavior, and various topics in industrial and innovation economics.
Lacetera, Nicola, Mario Macis, and Robert Slonim. "Will there be blood? Incentives and displacement effects in pro-social behavior." American Economic Journal: Economic Policy 4.1 (2012): 186-223.
Lacetera, Nicola, Mario Macis, and Robert Slonim. "Economic rewards to motivate blood donations." Science 340.6135 (2013): 927-928.
Lacetera, Nicola, Mario Macis, and Robert Slonim. "Rewarding volunteers: A field experiment." Management Science 60.5 (2014): 1107-1129.
Elías, Julio J., Nicola Lacetera, and Mario Macis. "Paying for kidneys? a randomized survey and choice experiment." American Economic Review 109.8 (2019): 2855-88.
Elias, Julio J., Nicola Lacetera, and Mario Macis. "Sacred values? The effect of information on attitudes toward payments for human organs." American Economic Review105.5 (2015): 361-65.
Compliance Policy Guide CPG Sec. 230.150: Blood Donor Classification Statement, Paid or Volunteer Donor, Guidance for FDA Staff
Dhingra, Neelam. "In defense of WHO's blood donation policy." Science 342.6159 (2013): 691-692.
Nancy discusses the limits of consent. I contemplate putting silicone horns on my head.
Nancy Kim is the ProFlowers Distinguished Professor of Internet Studies at California Western School of Law and visiting Professor, Rady School of Management at UC San Diego. Professor Kim is a former chair of both the section on Commercial and Related Consumer Law and the section on Contracts of the Association of American Law Schools (AALS). She is an elected member of the American Law Institute and the Chair of the Subcommittee on UCC Article 1 of the ABA Business Law Section. Her scholarly interests focus on culture and the law, contracts, women and the law, and technology. She is the author of Consentability: Consent & Its Limits (Cambridge Univ. Press).
Helpful links for this episode:
1. Nancy S. Kim, Consentability: Consent and its Limits https://www.cambridge.org/us/academic/subjects/law/contract-law/consentability-consent-and-its-limits?format=PB
2. Cook, Philip J. and Krawiec, Kimberly D., Kidney Donation and the Consent of the Poor (January 20, 2020). Loyola Law Review, New Orleans, Vol. 66, 2020, Available at SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3687419
Josh makes the case for paying kidney donors and infecting people with Covid-19. We both admit to being bad at big law.
Josh Morrison is the founder of three nonprofit organizations: Waitlist Zero, which envisions an America where no one dies because of a shortage of transplantable kidneys; the Rikers Debate Project, which teaches debate to formerly incarcerated students in six states; and 1 Day Sooner, an organization that advocates on behalf of Covid-19 challenge trial volunteers. Josh was a corporate lawyer when he donated his kidney to a stranger in 2011.
Helpful links for this episode:
1. Waitlist Zero http://waitlistzero.org
2. 1 Day Sooner https://1daysooner.org
3. Rikers Debate Project http://rikersdebateproject.org
4. Linh Chi Nguyen, Christopher W Bakerlee, T Greg McKelvey, Sophie M Rose, Alexander J Norman, Nicholas Joseph, David Manheim, Michael R McLaren, Steven Jiang, Conor F Barnes, Megan Kinniment, Derek Foster, Thomas C Darton, Josh Morrison, 1Day Sooner Research Team, Evaluating use cases for human challenge trials in accelerating SARS-CoV-2 vaccine development, Clinical Infectious Diseases, , ciaa935, https://doi.org/10.1093/cid/ciaa935
5. Josh Morrison, It’s time to treat organ donors with the respect they deserve, The Washington Post, https://www.washingtonpost.com/news/in-theory/wp/2016/01/01/its-time-to-treat-organ-donors-with-the-respect-they-deserve/
6. Meagan E. Deming, et. al., "Accelerating Development of SARS-CoV-2 Vaccines — The Role for Controlled Human Infection Models", The New England Journal of Medicine, https://www.nejm.org/doi/full/10.1056/NEJMp2020076#article_references
7. Lynch, Holly Fernandez, et. al, Ethical Payment to Participants in Human Infection Challenge Studies, with a Focus on SARS-CoV-2: Report and Recommendations (August 14, 2020). Available at SSRN: https://ssrn.com/abstract=3674548 or http://dx.doi.org/10.2139/ssrn.3674548
8. Organ Donor Reimbursement Petition, https://docs.google.com/document/d/1OfiOEkgPmPBtDx6k38GckXPDndvbKp1HtJPfdnCB2PU/edit?ts=5cbe977c
Peter makes the case for paid plasma. I commit basketball treason
Peter Jaworski is is an Associate Teaching Professor in Strategy, Ethics, Economics and Public Policy at Georgetown University’s McDonough School of Business. He has published in Ethics, Philosophical Studies, the Canadian Journal of Law and Jurisprudence, and the Journal of Business Ethics, among others.
Helpful links for this podcast:
1. Peter Jaworski, Bloody Well Pay Them: The Case for Voluntary Remunerated Plasma Collections, https://www.niskanencenter.org/bloody-well-pay-them-the-case-for-voluntary-remunerated-plasma-collections/
2. English, William and Jaworski, Peter M., The Introduction of Paid Plasma in Canada and the U.S. Has Not Decreased Unpaid Blood Donations (July 15, 2020). Available at SSRN: https://ssrn.com/abstract=3653432 or http://dx.doi.org/10.2139/ssrn.3653432
3. Peter M. Jaworski, "Not compensating Canadian blood plasma donors means potentially risky reliance on foreign plasma", The Conversation, https://theconversation.com/not-compensating-canadian-blood-plasma-donors-means-potentially-risky-reliance-on-foreign-plasma-143970
4. Peter M. Jaworski, "Canada should not be spending $1 billion on plasma imports; it should be producing enough to export, and for that, we need to pay Canadian donors", Policy Options: https://policyoptions.irpp.org/magazines/august-2020/why-isnt-canada-a-net-contributor-to-the-global-plasma-supply/