The Body Market: Race Politics & Private Ordering
University of California, Irvine School of Law
August 17, 2010
Arizona Law Review, Vol. 49, No. 599, 2007
Minnesota Legal Studies Research Paper No. 38
In this article, Goodwin challenges the presumption that organs should always and only be altruistically acquired and takes on the well-worn race card rhetoric in the organ transplantation domain. The author describes “race card politics” as attempts to exploit race and obfuscate meaningful public policy debate on alternative organ procurement regimes. The author critiques race as a proxy in organ transplantation disclosure and illustrates why race-based opposition to compensation for organ sharing ignores organ demand, particularly from African American patients. Goodwin argues that lifesaving advancements in biotechnology to treat illnesses have outpaced the legislative process and suggest that regulated markets in human biological supply could better meet organ demand. She suggests that a transformative approach to organ transplantation might relieve organ demand, increase access for transplant candidates of color, and better achieve social justice. The author concludes by offering several strategies to increase the supply of organs and suggesting several key measures that might lead to more effective organ procurement.
Number of Pages in PDF File: 39
Keywords: law, society, economics, medicine, health care
Date posted: August 18, 2010
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