Can the Government Ban Organ Sale? Recent Court Challenges and the Future of US Law on Selling Human Organs and Other Tissue

Can the Government Ban Organ Sale? Recent Court Challenges and the Future of US Law on Selling Human Organs and Other Tissue

DSpace/Manakin Repository

Can the Government Ban Organ Sale? Recent Court Challenges and the Future of US Law on Selling Human Organs and Other Tissue

dc.contributor.author	Cohen, I. Glenn
dc.date.accessioned	2012-10-12T19:04:31Z
dc.date.issued	2012
dc.identifier.citation	I. Glenn Cohen, Can the Government Ban Organ Sale? Recent Court Challenges and the Future of US Law on Selling Human Organs and Other Tissue, 12 Am. J. Transplantation 1983 (2012).	en_US
dc.identifier.issn	16006135 16006143	en_US
dc.identifier.uri	http://nrs.harvard.edu/urn-3:HUL.InstRepos:9726658
dc.description.abstract	On December 1, 2011, in Flynn v. Holder, a panel of the US Court of Appeals for the Ninth Circuit upheld the National Organ Transplant Act of 1984 (NOTA) from a constitutional challenge, but interpreted the act such that its prohibition on sale did not encompass “peripheral blood stem cells” obtained through apheresis. Rehearing of the case was denied on March 27, 2012. The Obama administration must now decide whether to pursue its challenge in the US Supreme Court. This article explains the litigation, its significance and uses it as a backdrop against which to understand the history and future trajectory of the laws governing selling organs and other human tissue.	en_US
dc.language.iso	en_US	en_US
dc.publisher	Wiley Periodicals Inc.	en_US
dc.relation.isversionof	http://onlinelibrary.wiley.com/doi/10.1111/j.1600-6143.2012.04092.x/full	en_US
dash.license	META_ONLY
dc.title	Can the Government Ban Organ Sale? Recent Court Challenges and the Future of US Law on Selling Human Organs and Other Tissue	en_US
dc.type	Journal Article	en_US
dc.relation.journal	American Journal of Transplantation	en_US
dash.depositing.author	Cohen, I. Glenn
dash.embargo.until	10000-01-01