In "Consentability," Nancy Kim tackles an important and current topic—in an age of increasing options about how to live, die, and procreate, what limits, if any, should the law place on those choices? "Consentability" is a valuable resource for scholars and policymakers alike, summarizing the arguments for and against government intrusion on the choices of consenting adults with encyclopedic thoroughness. After weighing the arguments, Kim proposes that “bodily integrity exchanges” be permitted, subject to limitations. Although we agree with the general conclusion that bodily integrity exchanges should be permitted, we disagree with the specific limitations that treat the decisions of the poor as suspect, proposing instead methods of structuring payments and the consent process that would enhance the decision-making quality and reduce the possibility of impulsive decisions for all donors— not just those meeting an arbitrary definition of poverty. In any event, when it comes to a life-saving transaction like kidney donation, it is ethically important to consider the welfare of the recipient as well as the donor.
Who has the legal right to challenge decisions by the U.S. Food and Drug Administration? And should the moral umbrage of a group of anti-abortion...
President Joe Biden promised during his State of the Union address on March 7, 2024, that he would make the right to get an abortion a federal law.
“If...
Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...
Hot Flash: How Understanding Menopause Can Improve Life and Law for Everyone dissolves the silence and stigma surrounding menopause. The book frames...
During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...
This essay explores the regulation of sperm donation from a reproductive justice perspective. It compares formal sperm donation, which involves...
The SEC mandates that public companies assess new information that changes the risks that they face and disclose these if there has been a “material”...
In the aftermath of Dobbs, as barriers to accessing fertility care increase, one area of growing interest is informal (“DIY”) sperm donation, which...
Medication abortion now accounts for more than half of all abortions in the United States. Typically, patients take a two different pills: first...
Now that the Supreme Court has revoked the constitutional right to reproductive autonomy, we must reckon with the risks that our surveillance economy...
In their intriguing article “Bioethics and the Moral Authority of Experience,” Nelson and colleagues (2023) provide important insight into an...
In this Foreword, I lay out the case for intimate privacy—what it is, why it is in jeopardy, and how we can fight to get it back, if we try...
The Political Language of Parental Rights: Abortion, Gender-Affirming Care, and Critical Race Theory
This Article explores how the rhetoric of parental rights has been deployed to override minors’ access to abortion, gender-affirming care, and...