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49 Ariz. L. Rev. [i] (2007)

handle is hein.journals/arz49 and id is 1 raw text is: ARIZONA IW REVI EW VOLUME 49 2007 NUMBER 1 CONTENTS PAGE ISAAC MARKS MEMORIAL LECTURE REFLECTIONS ON ARIZONA'S PACE-SETTING JUSTICES: WILLIAM HUBBS REHNQUIST AND SANDRA DAY O'CONNOR Ruth Bader Ginsburg J. BYRON MCCORMICK LECTURE AMBIVALENCE ABOUT THE LAW Frederick Schauer DISTINGUISHED LECTURE ON INNOVATION & COMMUNICATION POLICY CHALLENGES IN THE GLOBAL IT MARKET: TECHNOLOGY, CREATIVE CONTENT, AND INTELLECTUAL PROPERTY RIGHTS Kevin J Harrang ARTICLES BUYING AND SELLING HUMAN TISSUES FOR STEM CELL RESEARCH Russell Korobkin 45 A series of expert committee reports and legislative proposals suggest an emerging consensus in the medical research and public policy communities that compensating donors of tissues for stem cell and other biomedical research should be prohibited. This Article challenges this consensus by outlining, analyzing, and ultimately rejecting the leading arguments in favor of no compensation rules: that compensation is coercive, that it inappropriately commodifies the human body, that it will reduce the opportunity for altruistic donations, and that it will increase the cost of important medical research. The Article then evaluates second- best alternatives to allowing cash compensation for tissues and concludes by comparing the issues raised by compensation for research tissues with those raised by compensation for transplant organs.

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