Private Law Theory

Introduction
… Current law prohibits donors from being paid for kidneys. Once the donation has been made, however, the kidney will often change hands in exchange for money several times before reaching the patient. There are no serious proposals to ban such transactions. This article generally sympathizes with those who favor the free alienation of kidneys by donors in exchange for payment. The goal of this article, however, is not to make another charge across the no man’s land separating free-marketeers from prohibitionists. Rather, it aims to explore ways in which we can increase trust in order to foster a promising new development in transplant medicine: extended kidney exchange …

Nathan B Oman, Beyond Gift and Bargain: Some Suggestions for Increasing Kidney Exchanges, 81 Law and Contemporary Problems 37-66 (2018).

First posted 2018-06-19 10:58:41