Taboo Trades

Kimberly D Krawiec

A podcast about things we aren’t supposed to trade . . . But do anyway read less
Society & CultureSociety & Culture

Episodes

Race, Family Policing, & Medicine with Dorothy Roberts
Dec 17 2023
Race, Family Policing, & Medicine with Dorothy Roberts
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).
The Fight For Privacy with Danielle Citron
Oct 25 2023
The Fight For Privacy with Danielle Citron
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)
Banking On The Body With Kara Swanson
Oct 12 2023
Banking On The Body With Kara Swanson
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.
My Body My Choice with Ilya Somin
Sep 16 2023
My Body My Choice with Ilya Somin
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 SchoolIlya 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)
Who Keeps The Engagement Ring with Naomi Cahn and Julia Mahoney
Aug 3 2023
Who Keeps The Engagement Ring with Naomi Cahn and Julia Mahoney
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, 2023Julia Mahoney Bio, University of VirginiaNaomi Cahn Bio, University of VirginiaCourse description, Feminism and the Free MarketMargaret 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)
Nondisclosure Agreements with Mark Fenster and Dave Hoffman
Jul 17 2023
Nondisclosure Agreements with Mark Fenster and Dave Hoffman
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 FloridaDave Hoffman Bio, University of PennsylvaniaMark Fenster, How Reputational Nondisclosure Agreements Fail (Or, In Praise of Breach), SSRNDavid Hoffman & Erik Lampmann, Hushing Contracts
Bonus Episode: NFTs for Biobanking with Marielle Gross & Brian Frye
Jan 31 2023
Bonus Episode: NFTs for Biobanking with Marielle Gross & Brian Frye
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
Payment, Exploitation, & Clinical Trials with Holly Fernandez Lynch
Jan 20 2023
Payment, Exploitation, & Clinical Trials with Holly Fernandez Lynch
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.
Clinical Research Ethics with Holly Fernandez Lynch
Dec 30 2022
Clinical Research Ethics with Holly Fernandez Lynch
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.
Are International Surrogates Exploited with Stephen Wilkinson
Dec 15 2022
Are International Surrogates Exploited with Stephen Wilkinson
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 arrangementsWilkinson, S. 05/2016 In: Journal of Applied Philosophy. 33, 2, p. 125-145 Bodies for sale: ethics and exploitation in the human body tradeWilkinson, S. 2003 New York : Routledge. 248 p. ISBN: 9780415266253 .
International Surrogacy with Stephen Wilkinson
Nov 29 2022
International Surrogacy with Stephen Wilkinson
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 arrangementsWilkinson, S. 05/2016 In: Journal of Applied Philosophy. 33, 2, p. 125-145 Bodies for sale: ethics and exploitation in the human body tradeWilkinson, S. 2003 New York : Routledge. 248 p. ISBN: 9780415266253 .