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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Global Body Market: Altruism's Limits

Edited by: Michele Goodwin

ISBN13: 9781107478367
To be Published: August 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2013)
Price: £22.99

The dark side of body part trading operates in a dynamic fashion, full of mystery, intrigue, and ambition. On the one hand, black and gray markets are illegal, but also pioneering and inventive; and although this type of criminal activity requires a level of dexterity and innovation, the point should not be lost that these markets thrive and flourish, sometimes in view of law. On the other hand, altruistic body part procurement is mired by low participation, which encourages black market transactions. Thousands of sick patients die each year without the hope of receiving an organ or bone marrow donation through the altruistic procurement system, so they turn to the dark side.

This book offers a frank conversation about altruism in the global body market. It exposes how researchers exploit their patients' ignorance to harvest tissue samples, blood, and other biologics without consent for research and patent development. The book chronicles exploitation in the name of altruism, including the nonconsensual use of children in dangerous clinical trials, and analyzes social and legal commitments to the value of altruism - offering an important critique of the vulnerability of altruism to corruption, coercion, pressure, and other negative externalities.

Medical Law
Part I. The Blind Side of Altruism: Abuse, Coercion, and Fraud:
1. The perverse history of dead bodies under American law Ray D. Madoff
2. Compelled body donations from children Michele Goodwin
3. Situated bodies in medicine and research: altruism vs. compelled sacrifice Naomi Duke
4. Quid pro quo altruism Jamila Jefferson

Part II. Contestable Commodities:
5. Free markets, free choice? A market approach to reproductive rights Debora L. Spar
6. Exploitation in the global egg trade: emotive terminology or necessary critique? Donna Dickenson

Part III. How to Create and Manage Markets in Contestable Commodities Public and Private Regulation:
7. How to create markets in contestable commodities Richard A. Epstein
8. Taxing the body Dorothy A. Brown
9. Criminal policing of human experimentation L. Song Richardson
10. Liberalizing tort law Michele Goodwin.