I’m joined today by two special guests to discuss an unusual and ethically complex type of organ donation – imminent death donation, or IDD. As you’ll hear Thao Galvan explain in the episode, organ donation currently has three standard types: living donation, donation after brain death (a type of deceased donation in which the patient is declared brain dead, and thus legally dead), and donation after circulatory death, or DCD. In DCD, a patient who is not brain dead is removed from life support, but the heart keeps beating. If it takes the patient more than roughly 90 minutes to die, the organs may not be usable. IDD, or imminent death donation, attempts to prevent that, by retrieving non-vital organs (usually a kidney) for donation prior to the removal of life support.

Thao Galvan is a transplant surgeon and professor of surgery at Baylor College of Medicine. Kathy Osterrieder is a retired financial analyst, who came to this issue after attempting, unsuccessfully, to donate the organs of her late husband, Robert Osterrieder, after making the difficult decision to remove him from life support. It is another first for the Taboo Trades podcast – the first time in over five years of recording that I’ve been unable to hold back the tears, as Kathy talks about what the experience was like for her family.

Links

Host: Kimberly D. Krawiec, Charles O. Gregory Professor of Law, University of Virginia

Guests:

Nhu Thao Nguyen Galvan, M.D., M.P.H., FACS, Associate Professor of Surgery, Baylor College of Medicine

Kathleen Osterrieder, Donor Family Member in Spirit, Retired Financial Analyst

Reading:

The Difficult Ethics of Organ Donations From Living Donors, Wall St. J. (2016)

Let’s change the rules for organ donations — and save lives, Wash. Post (2019)

OPTN, Ethical considerations of imminent death donation white paper (2016)

Survey of public attitudes towards imminent death donation in the United States, Am. J. Transplant. (2020)

Sign up to be an organ donor!

Welcome to a very special bonus episode of the Taboo Trades podcast! Today I have a record number of guests – five in total—continuing a discussion that we began at Yale’s Newman Colloquium earlier this summer. We discuss exploitation and trafficking in international human rights law, especially in the context of reproductive and sexual labor. You’ll hear more about that colloquium and that conversation during the podcast. Each guest introduces themselves at the start of the podcast, but you can also read their full bios and a reading list in the show notes.

Host: Kim Krawiec, Charles O. Gregory Professor of Law, University of Virginia

Guests:

Janie Chuang, Professor of Law, American University, Washington College of Law

Dina Francesca Haynes, Executive Director, Orville H. Schell, Jr. Center for International Human Rights; Lecturer in Law (spring term), and Research Scholar in Law, Yale University

Joanne Meyerowitz, Arthur Unobskey Professor of History and Professor of American Studies, Yale University

Alice M. Miller, Associate Professor (Adjunct) of Law and Co-Director, Global Health Justice Partnership, Yale University

Mindy Jane Roseman, Director of International Law Programs and Director of the Gruber Program for Global Justice and Women’s Rights, Yale University

Reading List:

Janie A. Chuang

• "Preventing trafficking through new global governance over labor migration." Ga. St. UL Rev. 36 (2019): 1027.
• “Exploitation Creep And The Unmaking Of Human Trafficking Law.” The American Journal of International Law, vol. 108, no. 4, 2014, pp. 609–49. JSTOR, https://doi.org/10.5305/amerjintelaw.108.4.0609 . Accessed 13 June 2025.

Dina Haynes

• "Used, abused, arrested and deported: Extending immigration benefits to protect the victims of trafficking and to secure the prosecution of traffickers." Human Rights Quarterly 26.2 (2004): 221-272. https://muse.jhu.edu/article/168121
• "Client-centered human rights advocacy." Clinical L. Rev. 13 (2006): 379.
• "Sacrificing women and immigrants on the altar of regressive politics." Human Rights Quarterly41.4 (2019): 777-822. https://muse.jhu.edu/article/735796

Kimberly D. Krawiec

• Repugnant Work (April 21, 2025). Forthcoming, Oxford Handbook of Philosophy and Work (Julian Jonker and Grant Rozeboom, eds.), Available at SSRN: https://ssrn.com/abstract=5225038
• “Markets, Repugnance, and Externalities.” Journal of Institutional Economics 19, no. 6 (2023): 944–55. https://doi.org/10.1017/S1744137422000157 .

Joanne Meyerowitz<

In this sign off episode, I say good bye to this year's student cohosts from UVA Law: Anthony Freyre, Kimberly Garcia, Laura Habib, Olivia King, Alyssa Lawrence, Alyssa Marshall, Alexa Rothborth, Nia Saunders, Tanner Stewart, Cyrus Tafti, John Henry Vansant, Lauren White

But never fear, loyal listeners. I'll be back in 2025 with bonus episodes featuring interesting authors discussing their scholarship.

My guest today is Aziza Ahmed, a Professor of Law and N. Neal Pike Scholar at the Boston University School of Law. She is also a Co-Director of BU Law’s Program on Reproductive Justice. She joins me and UVA Law 3L, Nia Saunders, to discuss her new book Risk and Resistance: How Feminists Transformed the Law and Science of AIDS, forthcoming from Cambridge University Press in 2025.

Prior to teaching, Professor Ahmed was a research associate at the Harvard School of Public Health Program on International Health and Human Rights. She came to that position after a Women’s Law and Public Policy Fellowship where she worked with the International Community of Women Living with HIV/AIDS. Professor Ahmed was a member of the Technical Advisory Group on HIV and the Law convened by the United Nations Development Programme (UNDP) and has been an expert for many institutions, including the American Bar Association and UNDP.

Reading List

• • Ahmed Bio
  • Linda C. McClain & Aziza Ahmed, The Routledge Companion to Gender and Covid-19 (2024)
  • SCHOLARLY COMMONS
• Nicole Huberfeld, Linda C. McClain & Aziza Ahmed,Rethinking Foundations and Analyzing New Conflicts: Teaching Law after Dobbs 17 Saint Louis University Journal of Health Law & Policy (2024). SCHOLARLY COMMONS
• Aziza Ahmed, Dabney P. Evans, Jason Jackson, Benjamin Mason Meier & Cecília Tomori, Dobbs v. Jackson Women’s Health: Undermining Public Health, Facilitating Reproductive Coercion 51 Journal of Law, Medicine & Ethics (2023)
• SCHOLARLY COMMONS
• Aziza Ahmed, Feminist Legal Theory and Praxis after Dobbs: Science, Politics, and Expertise 34 Yale Journal of Law and Feminism (2023)
• SCHOLARLY COMMONS
• Krawiec Bio

My guest today is the always interesting and funny Steve Clowney, a professor of law at the University of Arkansas. He has also worked as a legal consultant in Hawaii, a college admissions officer, and a gravedigger. His main areas of research include zoning regulations, monuments, the history of cities, handwritten wills, and the presence of violence in informal property systems. He joins us today to discuss a paper that I’ve long admired, Does Commodification Corrupt: Lessons From Paintings And Prostitutes, published in the Seton Hall Law Review.

Reading list:

Clowney Bio https://law.uark.edu/directory/directory-faculty/uid/sclowney/name/Steve+Clowney/

Clowney, Nationalize Zoning, 72 Kan. L. Rev. (forthcoming) (symposium essay).

Clowney, Do Rural Places Matter?, 57 Conn. L. Rev. 1 (forthcoming).

Clowney, Anonymous Statues: An Empirical Study of Monuments in One American Neighborhood, 71 Wash. U. J.L. & Pol'y 35 (2023) (symposium essay).

Clowney, The White Houses? An Empirical Study of Segregation in the Greek System, 41 Yale L. & Pol'y Rev. 151 (2023).

Clowney, Sororities as Confederate Monuments, 105 Ky. L.J. 617 (2020) (symposium essay).

Clowney, Does Commodification Corrupt: Lessons From Paintings and Prostitutes, 50 Seton Hal L. Rev. 1005 (2020).

Clowney, Should We Buy Selling Sovereignty, 66 Duke L.J. Online 19 (2017).

Krawiec Bio https://www.law.virginia.edu/faculty/profile/kdk4q/1181653

Krawiec, Markets, repugnance, and externalities, Journal of Institutional Economics 1–12 (2023).

Krawiec, No Money Allowed, 2022 University of Chicago Legal Forum 221–240 (2022).

I’m thrilled today to welcome new friend, Albertina Antognini and old (by which I mean long-time) friend, Susan Appleton. Albertina Antognini is the James E. Rogers Professor of Law at the University of Arizona where she teaches Family Law, Property, Trusts & Estates, and a seminar surveying different legal regimes that shape the contemporary American family. Professor Antognini’s work examines the ways that legal rules actively regulate, and in the process define, families. Her research is centrally preoccupied with considering how categories that may appear “natural” are in fact products of law, with the aim of opening them up to a more rigorous critique.

Susan Appleton is the Lemma Barkeloo & Phoebe Couzins Professor of Law at Washington University School of Law. She is a nationally known expert in family law and feminist legal theory. Her research, scholarship, and teaching address reproductive justice, parentage, gender, sexualities, and public assistance for families. They join us today to discuss their recent article, Sexual Agreements, published in the Wash. U. Law Review. UVA Law 3L, Laura Habib, co-hosts this episode.

Further Reading

• Antognini and Appleton, Sexual Agreements, 99 Wash. U. L. Rev. 1807 (2022)
• Antognini bio https://law.arizona.edu/person/albertina-antognini
• Antognini, Nonmarital Contracts, 73 Stan. L. Rev. 67 (2021)
• Antognini, Nonmarital Coverture, 99 B.U. L. Rev. 2139 (2019)
• Appleton bio https://law.wustl.edu/faculty-staff-directory/profile/susan-frelich-appleton/
• Appleton, Sex Positive Feminism’s Values in Search of the Law of Pleasure, in The Oxford Handbook of Feminism and Law in the United States (Deborah L. Brake, Martha Chamallas, & Verna Williams eds., 2023).
• Appleton, Families Under Construction: Parentage, Adoption, and Assisted Reproduction (with D. Kelly Weisberg) (2021).
• Krawiec bio https://www.law.virginia.edu/faculty/profile/kdk4q/1181653
• Krawiec, Gametes: Commodification and The Fertility Industry, in Routledge Handbook of Commodification, Routledge, 278–289 (1 ed. 2023).
• Krawiec, Markets, repugnance, and externalities, Journal of Institutional Economics 1–12 (2022).
• Krawiec, No Money Allowed, 2022 University of Chicago Legal Forum 221–240 (2022).

My guest today is Courtney Cahill, a Chancellor's Professor of Law at UC Irvine School of Law. Professor Cahill is a scholar of constitutional law, anti-discrimination law, sex equality, and LGBTQ equality. Her work examines the role of disgust in lawmaking and the synergies between sex equality and LGBTQ equality. She joins us today to discuss her latest project, Busted: Policing Women on Top, forthcoming in 2026 from Oxford University Press.

Cahill attended Yale Law School after graduating from Princeton University with a Ph.D. in Comparative Literature. UVA Law 3Ls Anthony Freyre and Kimberly Garcia co-host today’s episode.

Further Reading:

Cahill Bio: https://www.law.uci.edu/faculty/full-time/cahill/

Sex Equality's Irreconcilable Differences, 132 Yale Law Journal (forthcoming)

Reproductive Exceptionalism in and Beyond Birthrights, 100 B.U. L. Rev. Online 152 (2020)

The New Maternity, 133 Harv. L. Rev. 2221 (2020)

After Sex, 97 Neb. L. Rev. 1 (2018)

Krawiec Bio: https://www.law.virginia.edu/faculty/profile/kdk4q/1181653