Taboo Trades

Kimberly D Krawiec

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

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 .
Breach By Violence: Sharecropper Litigation with Brittany Farr, Part II
Oct 12 2022
Breach By Violence: Sharecropper Litigation with Brittany Farr, Part II
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
Indentured Servitude, Specific Performance, and the Thirteenth Amendment with Nate Oman
Sep 26 2022
Indentured Servitude, Specific Performance, and the Thirteenth Amendment with Nate Oman
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.pdfAmendment 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
Specific Performance, Twitter, and Elon Musk with Nate Oman
Sep 18 2022
Specific Performance, Twitter, and Elon Musk with Nate Oman
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.phpNathan 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.pdfAmendment 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
Getting Away with Taboo Trades with Gabriel Rossman, Pt. 1
Apr 24 2022
Getting Away with Taboo Trades with Gabriel Rossman, Pt. 1
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.