Centre for Law, Medicine and Life Sciences (LML) Podcast

Professor Kimberly D. Krawiec from the University of Virginia School of Law explores "repugnant transactions and taboo trades" — markets that are morally contested and sometimes even prohibited, such as sex work, commercial surrogacy, and the sale of organs, eggs, and sperm. She asks how we, as a society, decide what is up for sale and what is off-limits.

The controversies here are not about the dangers of markets themselves, but rather the dangers of buying/selling certain goods or services. Advocates of market restrictions seek to define the ethical boundaries of the marketplace – to identify the specific goods and services that are inappropriate for market trading, and to explain why these restrictions should exist even for apparently willing buyers and sellers.

Although all cultures have deemed some transactions too sacred for the marketplace, the targets of these restrictions have varied widely, even within a given time period. For example, prostitution is currently legal in much of the world but illegal in most of the United States. Meanwhile, commercial surrogacy and paid egg donation are legal in much of the United States but illegal in many other parts of the world.

This talk delves into these and other restricted trades. It identifies how they are regulated by legal regimes as well as social norms, evaluates the consequences of different approaches, and explores potential paths forward.

About the Speaker: Professor Kimberly D. Krawiec holds the Charles O. Gregory Professorship of Law at the University of Virginia. Her current research analyses “taboo trades” — exchanges that are contested by society and, in some cases, forbidden altogether. She has written on commercial surrogacy, egg and sperm markets, and sex work. At the moment, much of her work is on incentives for organ donation. Another area of her research centres on the regulation of financial markets and business organizations. Prof. Krawiec has extensively examined the administrative process surrounding the Volcker Rule, a complex and highly contested provision of the Dodd-Frank Act. She has also researched corporate boards of directors. Through an ethnographic method, this work analyses directors’ views on the workings of the corporate boardroom and board relations with management, with a special emphasis on directors’ views on race and gender diversity in the boardroom.

With a wealth of experience in commodity and derivatives law, she has also been a commentator for the Central European and Eurasian Law Initiative (CEELI) of the American Bar Association and has taught at top institutions including Duke, North Carolina, Harvard, and Northwestern, where she won the Robert Childres Award for Teaching Excellence.

The lecture begins at 03:44

Baron Cornelius Ver Heyden de Lancey (1889-1984) was a wealthy and public-spirited Dutchman who at different times in his life was a dentist, doctor, surgeon, barrister and art historian. In 1970 he created the De Lancey and De La Hanty Foundation, to promote studies in medico-legal topics. The Foundation generously gave Cambridge the Ver Heyden de Lancey Fund, which since 1996 has funded occasional public lectures on medico-legal issues of current interest.

For more information about the Baron Ver Heyden de Lancey Lecture series, please see http://www.lml.law.cam.ac.uk/events/vhdl-events

Baron Cornelius Ver Heyden de Lancey (1889-1984) was a wealthy and public-spirited Dutchman who at different times in his life was a dentist, doctor, surgeon, barrister and art historian. In 1970 he created the De Lancey and De La Hanty Foundation, to promote studies in medico-legal topics. The Foundation generously gave Cambridge the Ver Heyden de Lancey Fund, which since 1996 has funded occasional public lectures on medico-legal issues of current interest.

The 2024 Baron Ver Heyden de Lancey Lecture on Medico-Legal Studies was delivered by Professor Sir Jonathan Montgomery of University College London on 21 March 2024, and was entitled "Medicine and the Rule of Law".

For more information about the Baron Ver Heyden de Lancey Lecture series, please see:

http://www.lml.law.cam.ac.uk/events/vhdl-events

The 2023 Baron Ver Heyden de Lancey Lecture on Medico-Legal Studies was delivered by Professor Emily Jackson (London School of Economics) on 16 March 2023.

Emily Jackson is Professor of Law at the London School of Economics. She is a member of the British Medical Association Medical Ethics Committee, and until 2012, she was Deputy Chair of the Human Fertilisation and Embryology Authority. From 2014-2017, she was a Judicial Appointments Commissioner. She is a Fellow of the British Academy, and in 2017 was awarded an OBE for services to higher education.

Baron Cornelius Ver Heyden de Lancey (1889-1984) was a wealthy and public-spirited Dutchman who at different times in his life was a dentist, doctor, surgeon, barrister and art historian. In 1970 he created the De Lancey and De La Hanty Foundation, to promote studies in medico-legal topics. The Foundation generously gave Cambridge the Ver Heyden de Lancey Fund, which since 1996 has funded occasional public lectures on medico-legal issues of current interest.

For more information about the Baron Ver Heyden de Lancey Lecture series, please see http://www.lml.law.cam.ac.uk/events/vhdl-events

Regenerative medicine seeks to regrow, repair, or replace damaged tissues. Current regenerative technologies include the bio-engineering of organs and tissues, cell reprogramming, and gene editing. Such interventions are significant not only for present-day patients, but also for future generations. They challenge the concept of the self as ‘biologically finite’ or ‘genetically determined’ and blur traditional distinctions between therapy and enhancement and between humans, animals, and things.

Given the ways in which regenerative medicine blurs socially-significant boundaries, the ethical and legal obligations of clinicians, researchers, funders, and governments are fluid and uncertain. For example, it is unclear whether present policies governing the use of regenerative technologies offer sufficient safeguards, even if access is limited to patients with conditions deemed sufficiently serious to justify the risks.

This talk explores whether international human rights law might require governments to identify, monitor, and support translational pathways that would provide broad, equitable access to the benefits of regenerative medicine, or whether international human rights law requires a more controlled approach because of the potential social implications. With regenerative medicine's great potential, the welfare of current and future generations is at stake. We must collectively ask ourselves how best to secure a desirable clinical future for present day and future generations.

About the Speaker:

Bartha Maria Knoppers is Full Professor, Canada Research Chair in Law and Medicine, and Director of the Centre of Genomics and Policy at McGill University.

Baron Cornelius Ver Heyden de Lancey (1889-1984) was a wealthy and public-spirited Dutchman who at different times in his life was a dentist, doctor, surgeon, barrister and art historian. In 1970 he created the De Lancey and De La Hanty Foundation, to promote studies in medico-legal topics. The Foundation generously gave Cambridge the Ver Heyden de Lancey Fund, which since 1996 has funded occasional public lectures on medico-legal issues of current interest.

For more information about the Baron Ver Heyden de Lancey Lecture series, please see http://www.lml.law.cam.ac.uk/events/vhdl-events

Baron Cornelius Ver Heyden de Lancey (1889-1984) was a wealthy and public-spirited Dutchman who at different times in his life was a dentist, doctor, surgeon, barrister and art historian. In 1970 he created the De Lancey and De La Hanty Foundation, to promote studies in medico-legal topics. The Foundation generously gave Cambridge the Ver Heyden de Lancey Fund, which since 1996 has funded occasional public lectures on medico-legal issues of current interest.

The 2021 Baron Ver Heyden de Lancey Lecture on Medico-Legal Studies was delivered by Dr Silvia Camporesi of King's College London on 20 March 2021, and was entitled "Law, Hormones, and Sport: a level playing field?".

For more information about the Baron Ver Heyden de Lancey Lecture series, please see http://www.lml.law.cam.ac.uk/events/vhdl-events