Taboo Trades

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