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Law and Contemporary Problems

2009

Compensation

Articles 1 - 3 of 3

Full-Text Articles in Law

Sunny Samaritans And Egomaniacs: Price-Fixing In The Gamete Market, Kimberly D. Krawiec Jul 2009

Sunny Samaritans And Egomaniacs: Price-Fixing In The Gamete Market, Kimberly D. Krawiec

Law and Contemporary Problems

Krawiec compares the egg market to sperm market to illustrate the extent to which public-interest rhetoric enables private wealth transfers in the egg market. She also illuminates why such rhetoric is so effective, playing on deeply held societal norms. In addition, she provides an overview of the oocyte business, highlighting issues relating to recruitment, compensation, controversy, retrieval, and risk. She does the same for the sperm business. Furthermore, she discusses the anticompetitive behavior in the egg market and argues that the horizontal price-fixing embodied in the American Society for Reproductive Medicine's pricing guidelines violates the Sherman Act. Lastly, she ...


Altruism, Markets, And Organ Procurement, Julia D. Mahoney Jul 2009

Altruism, Markets, And Organ Procurement, Julia D. Mahoney

Law and Contemporary Problems

For decades, the dominant view among biomedical ethicists, transplantation professionals, and the public at large has been that altruism, not financial considerations, should motivate organ donors. Proposals to compensate sources of transplantable organs or their survivors, although endorsed by a number of economists and legal scholars, have been denounced as unethical and impracticable. Organ transplantation is said to belong to the world of gift, as distinct from the market realm. Paying for organs would inject commerce into a sphere where market values have no place and would transform a system based on generosity and civic spirit into one of antiseptic ...


Gender And The Value Of Bodily Goods: Commodification In Egg And Sperm Donation, Rene Almeling Jul 2009

Gender And The Value Of Bodily Goods: Commodification In Egg And Sperm Donation, Rene Almeling

Law and Contemporary Problems

Listing a child for sale in the local paper's classified section is unthinkable, and it is illegal for donors to sell organs in the US. Yet fertility programs routinely recruit young women and men to "donate" eggs and sperm in return for financial compensation. Payments to women vary substantially, both within particular agencies and in different regions of the US, but the national average is around $4,200. Here, Almeling constructs a theoretical framework analyzing the social process of assigning value to the human body. He further describes the historical emergence of the market in eggs and sperm before ...