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Addressing Transplant Tourism Problems and Proposed Solutions: Regulation Instead of Prohibition
Get PDFMedical tourism, as defined by scholar Glenn Cohen, is the travel of residents of one country to another country for treatment. \u27 Transplant tourism, a type of medical tourism, is traveling abroad to purchase an organ for transplant. Although organ sale is currently illegal in every country except Iran, many countries-such as India, the Philippines, Pakistan, Bangladesh, and Egypt-have thriving black markets for these goods. Organ transplants are often the only effective means of treating end state organ failure, and the demand for transplants is especially high in developed and middle-income countries. Shortages of available donors and organs, however, have caused an increased demand with a limited supply. The Global Observatory on Donation and Transplantation estimates that in 2013, there were 118,000 organs transplanted globally, meeting only 10 percent or less of global needs. This gap in supply and demand has created a black market for underground organ sales where poor and vulnerable individuals sell their organs to brokers, who then resell these organs at higher costs. In 2011, the World Health Organization estimated that global illicit organ sales produced between 1.2 billion annually. The market that has emerged is harmful to sellers in many aspects, and sellers are often taken advantage of by brokers\u27 manipulative tactics.
This paper will explore the problems associated with black market organ sales and analyze its effects on sellers (i.e., the people selling their organs) and the tourists (i.e., the people who travel abroad for transplantation). Part I will give an overview of how transplant tourism operates, focusing specifically on kidney sales. Part II will address ethical arguments for why transplant tourism is harmful to sellers. Part III will address the international response to this phenomenon and the various international protocols in place. Finally, Part IV will propose regulatory solutions that are aimed at protecting sellers. Since a thriving black market already exists, regulation-instead of outright prohibition-is the best solution for protecting sellers\u27 well-being who are currently unprotected in the market
Cooperation in the International System: An Interdisciplinary Investigation at the Intersection of International Relations and International Law
Get PDFA conversation between the disciplines of International Relations and International Law illuminates the nature of interstate cooperation and enhances our understanding of the nature and potential of international law. There are methodological and practical asymmetries between International Relations and International Law which create ideal conditions for interdisciplinary work. Studying international cooperation on protecting cultural heritage enable us to address the above questions and reevaluate and extend underlying theoretical frameworks
International Lawyers as Disrupters of Corruption: Business and Human Rights in Africa’s Most Populous Country—Nigeria
Get PDFBe it bribery, embezzlement, or the abuse of public trust, corruption poses a major challenge to global security and democratic governance, along with undermining the rule of law, especially within the Global South. Key to this phenomenon is understanding how lawyers are enabling but also disrupting this epidemic. Unfortunately, the literature on this subject is lacking. This study, therefore, offers a nuanced story of globalization and the complicated role that lawyers play in corruption, by relying on the case study of Nigeria—a crucial Global South market that has the largest population on the African continent. While Nigeria has been able to remain a democracy since 1999 (albeit fragilely), private sector and government officials, including the current Nigerian president, concede that corruption is the country’s biggest problem. At the same time, as this study demonstrates, in Nigeria today there is a small but growing group of globally experienced lawyers who are aggressively resisting the entrenched corruption that besieges this environment. By virtue of the opportunities provided by globalization, this cohort is not bound to the parochial interests that have long harmed Nigeria. Yet, these lawyers also work within a larger profession that is conservative, complicated, and at times itself corrupt. Thus, to what extent do these factors affect the ability of these globally focused lawyers to enact change? The answer to this question is critical because it helps to unlock an enduring puzzle as to which agents are best situated to lead a country out of its mired, corrupt history and onto the global stage as a respected power. For other nations, particularly in the Global South, that are also seeking to strengthen their rule of law regimes, the lessons from this study will be instructive in determining whether lawyers who value—and are part of—global networks are capable of curbing corruption within their own domestic contexts
One School|One Book: The New Jim Crow
No full textThroughout the fall semester of 2020, the students, staff, and faculty of the Indiana University Maurer School of Law undertook a One School| One Book program, sponsored by the Jerome Hall Law Library and the Leonard Fromm Office of Student Affairs. Each week, the school read approximately 25 pages from Michelle Alexander\u27s book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness. The Maurer community was then sent a summary of the week\u27s reading, quotes from the section read, and discussion questions.
On October 28, 2020, Indiana University McKinney School of Law Professor Lahny Silva, spoke to the Maurer Law School community (via Zoom) about Alexander\u27s book and about the issues facing individuals released from prison during the pandemic. Her talk, Re-entry in the Pandemic, can be viewed on the video link above
Intentional Professional Development in Changing Times
Get PDFI recently participated in the AALL Leadership Academy, held virtually on August 6, 7, and 14. The Leadership Academy has a reputation for fostering core leadership skills, and enhancing key tools and strategies for effective leadership, while also providing excellent networking opportunities for participants. I was excited and grateful to be accepted to participate, and to receive a grant from ALL-SIS. When the change to a virtual format was announced, I had some reservations about continuing to participate. Ultimately, I decided that whatever the format, the opportunities for professional growth offered by the Leadership Academy were too good to pass up, and that the time was right to turn my focus to building leadership skills and refining my professional development plan
Designing the Legal Architecture to Protect Education as a Civil Right
Get PDFAlthough education has always existed at the epicenter of the battle for civil rights, federal and state law and policy fail to protect education as a civil right. This collective failure harms a wide array of our national interests, including our foundational interests in an educated democracy and a productive workforce. This Article proposes innovative reforms to both federal and state law and policy that would protect education as a civil right. It also explains why the U.S. approach to education federalism will require legal reforms by both levels of government to protect education as a civil right
Embryo Donation and Counselling Prior to Medically Assisted Reproduction
No full textProfessor Madeira\u27s contribution to this volume is chapter 53 Embryo Donation and chapter 67 Counselling Prior to Medically Assisted Reproductionhttps://www.repository.law.indiana.edu/facbooks/1259/thumbnail.jp
O Brother Where Art Thou? The Struggles of African American Men in the Global Economy of the Information Age
Get PDFAs early as the late 1980’s, William Wilson argued that widespread economic transitions had altered the socioeconomic structure of American inner cities to the detriment of African Americans. Wilson identified declines in manufacturing work and its replacement with poorly compensated service sector work as driving racial segregation and leaving African Americans jobless, poor and alienated from American society. These transitions were particularly problematic for African American men since manufacturing work was their primary gateway to middle-class employment while African American women had already focused more on service work.Since the initial exposition of Wilson’s theory of deindustrialization, Wilson’s framework of transition, disadvantage and alienation has proven true with a vengeance for working class African American men. The decline in manufacturing jobs since the 1980’s has left African American men without their traditional gateway to the middle-class and accelerated the decline of American unions which benefited those men. As the economy transitioned from manufacturing to service jobs, African American men’s disadvantages in education have left them at a loss in competing for the high wage jobs that remain. At the same time de-industrialization was sweeping our economy, the nation waged a “War on Drugs,” largely at the expense of inner city African American men who suffered high rates of imprisonment with long mandatory sentences even for non-violent offences. These high rates of imprisonment removed African American men from the Black community and left them at a serious disadvantage in an increasingly competitive low-skilled labor market.As their prospects for employment declined, African American men became increasingly alienated from the labor market and the family. Although the labor force participation rate has declined for all men, it has declined much more steeply for Black men so that Blacks have become the first racial or ethnic group for which the male labor force participation rate is below that of the women. As Black men’s fortunes in the labor market declined, so too did their prospects for marriage and childrearing. Steady employment remains men’s key to marriage and child-rearing and increasingly poor women have decided it was better to have children outside of marriage with the man’s only participation as the subject of child support claims which could also result in imprisonment for non-payment.Although these deleterious transitions have had an impact across the working class, their impact has been particularly hard on African American men because of their high reliance on manufacturing jobs, their greater disadvantages in education and their much harsher treatment under our criminal justice system. In this chapter I outline the current problems for African American men in the global economy of the information age.
8 Ind. J.L. & Soc. Equality 1 (2020