Monthly Archives: December 2014

The State And The Market

IMG_0493 IMG_0902I spent yesterday at a really fun roundtable on the State and the Market at Bar Ilan University. The roundtable, organized by Tsilly Dagan and me (well, really just Tsilly, who did all the work) featured several paper panels and discussion on issues that will interest Lounge readers interested in Taboo Trades. Yuval Feldman presented an interesting paper (as always) about an MTurk study of subtle conflicts of interest – when “good people do bad things,” and Hila Shamir presented some early-stage research on how the state can support women in the workplace, in particular, working mothers.

I’m, of course, partial to my own panel, which featured Benny Shmueli’s paper on the alienability of the get (the Jewish divorce bill) and Ram Rivlin’s analysis of why we perceive certain transactions as taboo when the trading is among strangers, yet accept similar intra-familial transfers as uncontroversial. I discussed commodification in the oocyte market – specifically, two cases of first impression in the United States (one an antitrust suit against the American Society For Reproductive Medicine and the other a tax case regarding the proper treatment of income earned from egg “donation.”)

But the stars of the show were undoubtedly Tsilly Dagan and Talia Fisher, whose paper on the fragmentation and tradability of sovereignty makes even the proposal by my colleagues Joseph Blocher and Mitu Gulati (on the same panel) to marketize sovereign control look tame in comparison.

It was also nice to see other Bar Ilan faculty in attendance, many of whom I met when I visited a few years ago, such as Shahar Lifshitz, Adi Ayal, and Jacob Nussim and, of course, to meet the new faculty who have been hired since I was there last.


We are happy to invite you for a roundtable on “The State and the Market” to be held December 30th 2014 at Bar Ilan University Faculty of Law (room # 300 @ the Banin building).

Please find below a short description of the focus of our discussions as well as our schedule

Tsilly Dagan & Kimberly D. Krawiec

The State and The Market

The intersection of the state and the market is the center of attention of many theoretical perspectives and disciplines. The ways in which states design their markets and set their borders has a major effect on the nature of society, and the identities of individuals within it. At the same time markets (in goods, in services, investments as well as the market-like competition between states under globalization) alter states’ policies and capabilities and curtail their sovereign powers.

In this workshop, we wish to encourage participants to present their work in progress focusing on the description, explanation, and the normative evaluation of the mutual effects of states and markets: the cases where the two institutions limit one another and the cases where they facilitate each other’s prosperity.

16:30- 17:30 When State and Market Interact

Yuval Feldman & Eliran Haleli , “Exploring the Potential Role of Law in Enhancing Neutrality in Subtle Conflicts of Interest Situations‫.”

Hila Shamir, “Designing Legal Mechanisms for the Promotion of Women: the Market, The State, The Family and the Public Good”

17:45-19:15 Taboo Trades

Kimberly D. Krawiec, “Commodification (Or Not) In The Oocyte Market”

Benny Shmueli, “Trading the Right to Divorce: On Inalienability, Commodification, and Using Liability Rules in Cases of Refusal to Divorce”

Ram Rivlin, “The Puzzle of Intra-Familial Commodification”

19:30-20:30 Marketizing the State 

Mitu Gulati, “A Market For Sovereign Control?” (With Joseph Blocher)

Talia Fisher & Tsilly Dagan, “The Market and the State”

*Please RSVP to Tsilly Dagan ( or Kim Krawiec ( if you plan to attend.

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Organs & Inducements Is Here!!

The long-awaited Organs and Inducements volume, edited by Phil Cook and me, is now available online (and in print, but who cares about that?).  I’ve blogged a few times in the past about the symposium on inducements to donate that we held at Duke some time back (see here and here, for example).  The volume is now available and is a great resource for those interested in organ donation (especially kidney donation) and, more specifically, debates about how to ethically encourage organ donation.  The volume contains contributions from folks across disciplines, including law, medicine, and economics, and covers a number of innovations in transplantation not discussed elsewhere.

I’ll be back over the next few days with more to say about some of the contributions, but for now you can download each of the articles in the volume (for free!) below, from the embedded L&CP website.

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Slides From The Improving Risk Regulation Conference

Banner-OECD14-640x191As I mentioned in an earlier post, the OECD Regulatory Policy Division, together with the International Risk Governance Council (IRGC) and the Rethinking Regulation program at Duke University recently held a conference on Improving Risk Regulation: From Crisis Response To Learning and Innovation at the OECD Conference Centre in Paris. All of the slides from the conference, including mine, have now been posted online, and some of you may find some of the presentations useful.

Flyer_19JuneFrom the IRCG conference website:

New approaches to regulation may be stimulated by careful research and practical experience, but also spurred by crisis events that alter perceptions and spark demand for policy change.  What can we learn from these diverse sources of regulatory change? How can we do a better job in fostering constructive regulatory improvement?

The conference identified, evaluated and discussed the relevance and effectiveness of new approaches to improving risk governance, both as they result from responding to and learning from crises, and as deliberate innovations in how regulatory power is exercised and shared.  It built upon:

  • 577Work from the OECD Regulatory Policy Division about “Risk and Regulatory Policy – Improving the Governance of Risk” and recommendation about performance- and consumer-based regulation
  • The project on “Recalibrating Risk: Crises, Perceptions and Regulatory Change,” of the Rethinking Regulation program at Duke University, which investigates how regulatory policies and institutions change in response to crisis events, and seeks lessons for the future
  • IRGC’s work on the role of regulatory frameworks and institutional arrangements in the context of risk governance, including mechanisms for adaptive regulation that are able to update in response to new information and contexts.

10710629_957874910895532_1142226716549404503_nThe conference brought together practitioners of risk governance and regulation from private, public and academic organizations interested in sharing knowledge and enhancing their understanding of crisis and new forms of risk regulation.

To download slide presentations, go to the agenda and click on the respective presentation. For a short summary of each section, click on “Highlights” next to the session title.

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