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58 Geo. Wash. L. Rev. 1 (1989-1990)
Increasing the Supply of Transplant Organs: The Virtues of a Futures Market

handle is hein.journals/gwlr58 and id is 9 raw text is: Increasing the Supply of Transplant Organs: The Virtues of a Futures Market Lloyd R. Cohen* Introduction There is no mere scarcity of transplant organs, but a severe and tragic shortage. Because price is not used 1) to bring more organs to the market, and 2) to ration those organs among the potential recipients, the quantity demanded at a zero price far exceeds the quantity supplied. The central focus of this Article is a call to create a market in transplantable organs and to use price for the first, if not for the second, of these purposes.' * John M. Olin Research Fellow in Law and Economics, University of Chicago Law School; Associate Professor, California Western School of Law (on leave). B.A. 1968, Harpur College; Ph.D. 1976, State University of New York at Binghamton; J.D. 1983, Emory University. 1. I am not the first to suggest that the market may be a useful tool for increasing the supply of transplantable organs to the market. See, e.g, Andrews, My Body, My Prop- ery, HASTINGS CENTER REP., Oct. 1986, at 28; Brams, Transplantable Human Organs: Should Their Sale Be Authorized by State Statutes?, 3 Am. J.L. & MED. 183 (1977); Buc & Bernstein, Buying and Selling Human Organs is Worth a Harder Look, HEALTH SCAN, Oct. 1984, at 3; Hansmann, The Economics and Ethics of Markets for Human Organs, 14J. HEALTH POL. POL'Y & L. 57 (1989); Mavrodes, The Morality of Selling Human Organs, in 38 ETHICS, HUMANISM & MED. 133 (M. Basson ed. 1980); Perry, Human Organs and the Open Market, 91 ETHICS 63 (1980); Rottenberg, The Production and Exchange of Used Body Parts, in 2 TOWARD LIBERTY 322 (1971); Schwindt & Vining, Proposal for a Future Delivery Market for Transplant Organs, 11 J. HEALTH POL. POL'Y & L. 483 (1986); Comment, Retailing Human Organs Under the U'niformi Comnnercial Code, 16J. MARSHALL L. REV. 393 (1983); Note, The Sale of Human Body Parts, 72 MICH. L. REV. 1182 (1974); Note, Regulating the Sale of Human Organs, 71 VA. L. REV. 1015 (1985). November 1989 Vol. 58 No. 1

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