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Unpublished Paper
Nudging People to Become Organ Donors: An Opt-Out System That Does Not Presume Anyone’s Consent
ExpressO (2012)
  • Alex P. Garens, Boston University School of Law
Abstract

Faced with a dire organ shortage, many state legislatures have recently explored alternatives to the current system of registering organ donors. One promising proposed alternative is to switch from an “opt-in” to an “opt-out” model of recording organ donation preferences on forms administered in connection to state-regulated task, such as obtaining a driver’s license or identification card. Unfortunately, these proposed “opt-out” models garnered little support as they were largely misunderstood and improperly likened to the archetypal presumed consent systems in Europe. Crucially, this paper distinguishes the proposed “opt-out” model from presumed consent systems in key ways, thus demonstrating that the “opt-out” model would be legal, ethical, and ultimately effective in raising organ donations

Keywords
  • Health law,
  • organ donation,
  • opt-out,
  • presumed consent
Disciplines
Publication Date
April 15, 2012
Citation Information
Alex P. Garens. "Nudging People to Become Organ Donors: An Opt-Out System That Does Not Presume Anyone’s Consent" ExpressO (2012)
Available at: http://works.bepress.com/alex_garens/1/