Taboo Trades

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.