Transplantation, Vol. 12, No. 8, Aug. 2012, Pp. 1983-1987

Susanne Besselman
English 1001
Professor Coco
March 21, 2018
Annotated Bibliography
Cohen, I. G. “Can the Government Ban Organ Sale? Recent Court Challenges and the Future of
US Law on Selling Human Organs and Other Tissue.” American Journal of
Transplantation, vol. 12, no. 8, Aug. 2012, pp. 1983-1987.
I. Glenn Cohen, a professor of law and the director of Harvard Law School’s
Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, explains how
the history of legislation of organs and other human tissue may affect future legislation.
Flynn v. Holder, on December 1, 2011, resulted with the US Court of Appeals Ninth
Circuit declaring the National Organ Transplant Act of 1984 to be constitutional after
being challenged. However, Cohen explains, the court interpreted the document such
that its prohibition on sale did not include “peripheral blood stem cells” obtained through
apheresis. This article will be particularly useful because of it being written from a legal
standpoint and because of it highlighting a recent federal court case involving NOTA
being upheld.
Hentrich, Michael. “Health Matters: Human Organ Donations, Sales, and the Black Market.”
2012. EBSCOhost, libezp.lib.lsu.edu/login?url=https://search-ebscohost-
com.libezp.lib.lsu.edu/login.aspx?direct=true&db=edsarx&AN=edsarx.1203.4289&site=
eds-live&scope=site&profile=eds-main.
Michael Hentrich, a research fellow at the University of Texas at Austin,
questions whether a free or an open organ sales market would be a better alternative for
saving lives and deterring the black market than the current altruistic system of organ
donations. In order to do so, he sought to explain the logic and allure of altruism when
compared to a free sales market, develop a strong understanding of the issues associated
with the black market, and objectively make a policy judgement. This source will be my
primary source for research involving the organ trade within the black market.
McAndrews, Megan, et al. “Legalizing Saving Lives: A Proposition for the Organ Market.”
Insights to a Changing World Journal, vol. 2016, no. 1, Jan. 2016, pp. 180-191.
Walter E. Block, a professor at Loyola University New Orleans who currently
holds the Harold E. Wirth Eminent Scholar Endowed Chair in Economics, and Megan
McAndrews, his head research assistant, explain how introducing organs as a marketable
good would increase the supply and offset the demand resulting in the most beneficial
trade for both parties, the donor and the recipient. In order to do so, the authors explain
the potential issues of coercion and how to prevent coercion, the black-market organ
trafficking, and the United States’ current legal market while comparing it to Iran’s
current legal market. This article will be particularly useful for comparing our current
system with what is likely the world’s only successful organ market that includes
monetary compensation.
Monti, Jennifer. “The Sale of Human Organs Should Be Allowed.” Is Selling Body Parts
Ethical? edited by Christine Watkins, Greenhaven Press, 2013. At Issue. Opposing

Viewpoints in Context
http://link.galegroup.com/apps/doc/EJ3010608215/OVIC?u=cobb90289&xid=ea356d9b.
Accessed 19 Mar. 2018. Originally published as "The Case for Compensating Live Organ
Donors," Competitive Enterprise Institute [CEI], Apr. 2009.
Jennifer Monti is accredited with both a medical and master’s degree in public
health. She has been published in academic journals and has been recognized by the New
York Times and the American Association of Medical Colleges. Monti provides a brief,
yet strong argument on why the sale of human organs should be allowed. The article
includes a broad range of subtopics that include but are not limited to: The National
Organ Transplant Act of 1984 (NOTA), black market organ trafficking, dialysis and it’s
cost on taxpayers, the United Network for Organ Sharing (UNOS), how the demand of
organs obnoxiously outweigh the supply, proven and accurate medical statistics, Iran’s
Organ System, and how placing value on an organ would not be exploitive towards the
poor. This article will be an extremely useful resource in my inquiry because of it
providing credible information on every aspect of the organ trade.
Peters, Thomas G, et al. “Views of US Voters on Compensating Living Kidney Donors.” JAMA
Surgery, vol. 151, no. 8, 01 Aug. 2016, pp. 710-716.
Thomas G. Peter, MD, a professor in the surgery department at the University of
Florida; Jonathon S. Fisher, MD, a transplant surgeon who specializes in liver, kidney,
and pancreas transplant surgery; Robert G. Gish, MD, a transplant surgeon who has
practiced since his graduation from Yale University of Medicine in 1966; and Richard J.
Howard, MD, PhD, a clinical professor at the University of Nevada and is an adjunct
professor of medicine at Stanford university recently collaborated to perform a study on
the views of U.S. voters on compensating living kidney donors. The doctors sought to
determine the likelihood of U.S. citizens becoming living kidney donors and to ascertain
the influence of compensation for donors. Of the 1011 survey respondents sixty-eight
percent would donate a kidney to anyone, twenty-three would donate a kidney to only
certain persons, and nine percent would not donate. When asked how a financial
compensation of fifty thousand dollars would influence the donor, fifty-eight percent
were more likely to donate, thirty-two percent were unmoved, and nine percent were less
likely to donate. The study provides concrete evidence that I can use to show how the
majority of U.S. voters being more likely to donate a kidney, or other organs, if offered a
payment of fifty thousand dollars.
Schweda, Mark and Silke Schicktanz. “The “Spare Parts Person”? Conceptions of the Human
Body and Their Implications for Public Attitudes Towards Organ Donation and Organ
Sale.” Philosophy, Ethics & Humanities in Medicine, vol. 4, Jan. 2009, pp. 1-10.
Silke Schicktanz, a professor in the Department for Medical Ethics and History of
Medicine at Goettingen University in Goettingen, Germany, and Mark Schweda, her
research fellow, found that moral intuitions regarding organ donations are rooted in three
conceptions of the human body and the body’s relation to the self. The three conceptions
are: the body as a mechanical object owned by oneself, the body as a part of a higher
order embodying the self, and the body as a hierarchy of organs constitutive of the self.
The study resulted with inconclusive evidence, because of “commodification” being
much too simple and broad of a word to capture what is truly at stake within an organ
donation or an organ sale, an individual’s life. While there is a lack of evidence, the
source is useful because of the strong, morally based arguments concerning the organ
trade.

Transplantation, Vol. 12, No. 8, Aug. 2012, Pp. 1983-1987

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Susanne Besselman

March 21, 2018

US Law on Selling Human Organs and Other Tissue.” American Journal of

Transplantation, vol. 12, no. 8, Aug. 2012, pp. 1983-1987.

2012. EBSCOhost, libezp.lib.lsu.edu/login?url=https://search-ebscohost-

Walter E. Block, a professor at Loyola University New Orleans who currently

Ethical? edited by Christine Watkins, Greenhaven Press, 2013. At Issue. Opposing

Donors," Competitive Enterprise Institute [CEI], Apr. 2009.

poor. This article will be an extremely useful resource in my inquiry because of it

providing credible information on every aspect of the organ trade.

Surgery, vol. 151, no. 8, 01 Aug. 2016, pp. 710-716.

Thomas G. Peter, MD, a professor in the surgery department at the University of

payment of fifty thousand dollars.

Medicine at Goettingen University in Goettingen, Germany, and Mark Schweda, her

The study resulted with inconclusive evidence, because of “commodification” being

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