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58 UC Davis L. Rev. 1 (2024)

handle is hein.journals/davlr58 and id is 1 raw text is: UC DAVIS LAW REVIEW VO 58OO NOVE MBER 20247 Inequitable Organ Allocation Benjamin J. McMichael* Seventeen people die every day in the United States waiting for an organ transplant, and over 100,000 people are currently on waitlists to receive a donated organ. Given these stark numbers, the allocation policies governing who receives donated organs are both critically important and hotly debated. Congress passed the National Organ Transplant Act in 1984 with the goal of eliminating markets for organs and the promise of equitable access to transplants without regard to geography or socioeconomic status. Despite these laudable goals, recent developments in organ allocation policy have led to multiple lawsuits, congressional inquiries, and an exposi in the Washington Post. Organ allocation policies developed over the past decade have increasingly mandated broader organ sharing across the country so that organs are less likely to be transplanted into nearby recipients. Analyzing a series of public and restricted-use datasets that include information on all organ donations, transplants, and waitlist registrations, I find consistent empirical evidence that organ allocation policy fails to achieve its goals. First, the metrics used to Copyright © 2024 Benjamin J. McMichael. Associate Professor of Law and Director of Interdisciplinary Legal Studies, University of Alabama School of Law. Kailee Vance, Anne Compton, Kendall Hudgins, Charlotte Watters, Steffie Rosene, Sean Beadore, and Alicia Gilbert provided outstanding research assistance in connection with this Article. 1

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