Abstract

http://ssrn.com/abstract=2228968
 
 

Footnotes (181)



 


 



Modern Models of Organ Donation: Challenging Increases of Federal Power to Save Lives


Jonathan August


University of California - Hastings Constitutional Law Quarterly

January 9, 2013

Hastings Constitutional Law Quarterly, Vol. 40, No. 2, 2013

Abstract:     
Much of today’s scholarship on noninformed consent organ donation models has focused on either presumed consent or paid donation systems. Recently, however, individual states and foreign countries have begun to rethink their organ donation procedures in an attempt to increase donation rates.

Looking specifically at the informed consent model and the brand-new Israeli incentive program, this note first examines the success rates of these programs as potentially viable alternatives to traditional organ donation models. Next, this note argues that adopting these programs at the federal level will not violate the United States constitution under First Amendment and Fourteenth Amendment challenges, respectively. However, successfully avoiding these constitutional traps will require Congress to carefully craft any new potential legislation. This note also briefly discusses new third-party donor-preference programs as an alternative to avoid the United States’ ban on valuable consideration for organ donation under the National Organ Transplant Act.

Number of Pages in PDF File: 30

Keywords: Organ donation, Health law, Constitutional Law, First Amendment, Fourteenth Amendment, Israel, United States, Federalism, NOTA, Constitution, Health, Organ, Informed Consent, Presumed Consent, Mandated Choice

Accepted Paper Series





Download This Paper

Date posted: March 6, 2013  

Suggested Citation

August, Jonathan, Modern Models of Organ Donation: Challenging Increases of Federal Power to Save Lives (January 9, 2013). Hastings Constitutional Law Quarterly, Vol. 40, No. 2, 2013. Available at SSRN: http://ssrn.com/abstract=2228968

Contact Information

Jonathan August (Contact Author)
University of California - Hastings Constitutional Law Quarterly ( email )
200 McAllister Street
Hastings Constitutional Law Quarterly
San Francisco, CA 94102
United States
415-581-8957 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 303
Downloads: 62
Download Rank: 215,115
Footnotes:  181

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.344 seconds