Taboo Trades

Kimberly D Krawiec

A podcast about things we aren’t supposed to trade . . . But do anyway

  1. Oct 19

    NIL Buyouts, Liquidated Damages, and Disguised Noncompetes with Dave Hoffman

    College sports is experimenting with a new contractual device: transfer-triggered “buyouts” in athletes’ name, image, and likeness (NIL) agreements. Are these provisions legitimate estimates of a school’s difficult-to-measure losses, or are they penalties and functional noncompetes dressed in the language of contract damages? Contracts scholar Dave Hoffman joins Kim Krawiec, student co-host Liz Jahoda-Wassung, and members of the UVA Law Taboo Trades seminar to examine that question through the litigation over quarterback Brendan Sorsby’s University of Cincinnati agreement and earlier cases involving college-coach buyouts. The conversation covers liquidated-damages doctrine, ex ante estimates of loss, intent to penalize breach, unconscionability, bargaining power and sophistication, athlete employment status, actual damages, specific performance, and the limits of contract law as a tool for stabilizing the rapidly changing college-sports market. Guest and hostsDavid A. Hoffman is the William A. Schnader Professor of Law at the University of Pennsylvania Carey Law School. A widely cited contracts scholar, he uses empirical and interdisciplinary methods to study contracting theory and practice. He is a coauthor of Contract and Related Obligation: Theory, Doctrine, and Practice, writes the Contracts’ Empire Substack, and co-hosts the contracts podcast Promises, Promises with Tess Wilkinson-Ryan. Liz Jahoda-Wassung is a second-year student at the University of Virginia School of Law. She studied audio engineering as an undergraduate and is interested in sports and entertainment law. Listeners can meet Liz and the other student co-hosts in the Season 7 introductory episode. Kim Krawiec is the Charles O. Gregory Professor of Law and Glynn Family Bicentennial Professor at the University of Virginia School of Law. More information is available on her personal website and at the Taboo Trades podcast. Further reading and listeningDave Hoffman, “Schools Are Using NIL Buyouts Instead of Noncompetes to Deter Athletes’ Movement”Dave Hoffman, “The $1 Million NIL Buyout Is Weirder Than It Looks”David A. Hoffman and Erik Lampmann, “Hushing Contracts”Taboo Trades, “Nondisclosure Agreements with Mark Fenster and Dave Hoffman”Kimberly D. Krawiec and Nathan B. Oman, “The Case for Specific Performance of Personal Service Contracts”, 110 Iowa Law Review 751 (2025)Tess Wilkinson-Ryan, David Hoffman, and Emily Campbell, “Expecting Specific Performance”, 98 NYU Law Review 1633 (2023)Jacob Hale Russell, “Unconscionability’s Greatly Exaggerated Death”, 53 UC Davis Law Review 965 (2019)Cases discussedVanderbilt University v. DiNardo, 174 F.3d 751 (6th Cir. 1999)Samson Sales, Inc. v. Honeywell, Inc., 12 Ohio St. 3d 27, 465 N.E.2d 392 (1984)

  2. Oct 9

    Survival Labor with Yvette Butler

    When does crime become work—and why does the legal system recognize some harmful activities as legitimate labor while criminalizing other activities undertaken to secure food, shelter, safety, or family survival? Yvette Butler, Professor of Law at Indiana University’s Maurer School of Law, joins Kim Krawiec and UVA Law student cohosts Virginia Pillion and Sahanya Bhaktaram to discuss Butler’s article, Survival Labor. The conversation explores the line between survival crime and survival labor; sex work, trafficking, and nonfinancial forms of necessity; what counts as a realistic alternative for someone acting under severe economic pressure; and whether the constitutional “right to earn a living” can protect marginalized workers without undermining labor regulation. Butler also discusses epistemic exclusion from lawmaking, remedies for people harmed by survival labor, the limits of universal basic income, and the unsettling contrast between criminalized workers and state-paid executioners. Reading discussed in or especially relevant to the episodeYvette Butler, Survival Labor, 112 California Law Review 403 (2024).Yvette Butler, Silencing the Sex Worker, 71 UCLA Law Review 726 (2024).Yvette Butler, Traditionally Suspect: Common Occupations and the Right to Earn a Living.Kimberly D. Krawiec, Repugnant Work, in The Oxford Handbook of the Philosophy of Work (2026).Yvette Butler, Epistemic Appropriation, Critical Defanging, and Lessons for a Responsive New Reconstruction, 105 Boston University Law Review 1239 (2025).Yvette Butler, Academic Freedom, Knowledge Erasure, and the Right to Earn a Living.William E. Forbath, The Ambiguities of Free Labor: Labor and the Law in the Gilded Age, 1985 Wisconsin Law Review 767.

  3. Sep 28

    Markets Without Limits with Jason Brennan & Peter Jaworski

    Jason Brennan and Peter Jaworski join Kim Krawiec, student co-hosts Joe Keys and Jake Ross, and members of UVA Law’s Taboo Trades seminar to discuss the second edition of Markets without Limits: Moral Virtues and Commercial Interests, a foundational work in the debate over the moral limits of markets. Their central claim is provocative: if you may do something for free and whether to do it is within your discretion, there is some way you may do it for money. The argument leaves room for moral duties and extensive regulation while challenging critics to explain what payment itself makes wrong. The conversation explores the burden of proof in arguments against markets, the famous Israeli daycare-fine study, and whether money corrupts our motives or changes what we learn about a situation. Examples ranging from dog breeding and education to organ markets and lifesaving rescues raise difficult questions about inequality, discretion, and the gap between moral permission and workable legal rules. About the GuestsJason Brennan is the Robert J. and Elizabeth Flanagan Family Professor of Strategy, Economics, Ethics, and Public Policy at Georgetown University’s McDonough School of Business. A political philosopher, he writes about democracy, liberty, and the ethics of markets. Peter Jaworski is an associate teaching professor at Georgetown University’s McDonough School of Business, where he teaches business ethics. His research examines the moral limits of markets, including compensation for blood plasma donors. He was Taboo Trades’ inaugural guest in season one, episode one. About the HostKimberly D. Krawiec is the Charles O. Gregory Professor of Law and Glynn Family Bicentennial Professor of Law at the University of Virginia School of Law. She studies contested exchanges, including organ donation, reproductive markets, and sex work, as well as financial regulation and business organizations. She hosts Taboo Trades. About the Student Co-HostsJoe Keys is a third-year student at the University of Virginia School of Law and a student co-host of this episode. Jake Ross is a second-year student at the University of Virginia School of Law and a student co-host of this episode. Books and Articles Discussed, Referenced, or RelatedJason Brennan and Peter M. Jaworski, Markets without Limits: Moral Virtues and Commercial Interests, 2nd ed. (Routledge 2022).Jason Brennan and Peter Martin Jaworski, “Markets without Symbolic Limits,” 125 Ethics 1053–1077 (2015).Uri Gneezy and Aldo Rustichini, “A Fine Is a Price,” 29 Journal of Legal Studies 1–17 (2000).Uri Gneezy and Aldo Rustichini, “Pay Enough or Don’t Pay at All,” 115 Quarterly Journal of Economics 791–810 (2000).Michael J. Sandel, “How Markets Crowd Out Morals,” with Herbert Gintis’s response, “Giving Economists Their Due,” and Sandel’s reply, “Keeping Markets in Their Place” (Boston Review 2012).Mark Wells, “Markets with Some Limits,” 51 Journal of Value Inquiry 611–618 (2017).Peter M. Jaworski, Bloody Well Pay Them: The Case for Voluntary Remunerated Plasma Collections (2020).Kimberly D. Krawiec, “Markets, Repugnance, and Externalities,” 19 Journal of Institutional Economics 944–955 (2023).Kieran Healy and Kimberly D. Krawiec, “Repugnance Management and Transactions in the Body,” 107 American Economic Review 86–90 (2017).Related EpisodePlasma with Peter Jaworski — Taboo Trades, season one, episode one (August 25, 2020).

  4. Sep 16

    Crisis of Boys & Men w/ June Carbone

    June Carbone joins Kim Krawiec, student co-host Damon Stefankiewicz, and members of UVA Law’s Taboo Trades seminar to discuss “Fatherhood, Family Law, and the Crisis of Boys and Men,” coauthored with Clare Huntington. Carbone argues that the difficulties facing boys and men—particularly those without college degrees—are rooted in economic precarity and policy choices, and that family law can compound these problems by excluding unmarried fathers from the support available to divorcing parents while subjecting lower-income families to punitive child-support and family-regulation systems. The conversation explores the authors’ proposal for voluntary, community-based family centers, along with difficult questions about safety, consent, funding, intimate partner violence, mandatory reporting, and how to promote engaged fatherhood without restoring patriarchal authority. About the Guest June Carbone is the Robina Chair in Law, Science and Technology at the University of Minnesota Law School. An expert in family law, assisted reproduction, property, law and medicine, and bioethics, she writes extensively about marriage, inequality, family structure, and the legal regulation of families. About the Host Kimberly D. Krawiec is the Charles O. Gregory Professor of Law and Glynn Family Bicentennial Professor of Law at the University of Virginia School of Law. Her research examines taboo or contested exchanges, including organ donation, reproductive markets, and sex work, as well as the regulation of financial markets and business organizations. She is the host of Taboo Trades. About the Student Co-Host Damon Stefankiewicz is a second-year student at the University of Virginia School of Law and the student co-host of this episode. Paper Discussed June Carbone and Clare Huntington, “Fatherhood, Family Law, and the Crisis of Boys and Men,” 124 Columbia Law Review 2153 (2024).Clare Huntington, the paper’s coauthor, is the Barbara Aronstein Black Professor of Law at Columbia Law School. Books and Articles Discussed or Referenced Naomi Cahn, June Carbone, and Nancy Levit, Fair Shake: Women and the Fight to Build a Just Economy(Simon & Schuster 2024).Clare Huntington, “Postmarital Family Law: A Legal Structure for Nonmarital Families,” 67 Stanford Law Review 167 (2015).Richard V. Reeves, Of Boys and Men: Why the Modern Male Is Struggling, Why It Matters, and What to Do About It (Brookings Institution Press 2022).Melissa S. Kearney, The Two-Parent Privilege: How Americans Stopped Getting Married and Started Falling Behind (University of Chicago Press 2023).Tonya L. Brito, “The Child Support Debt Bubble,” 9 UC Irvine Law Review 953 (2019).Solangel Maldonado, “Deadbeat or Deadbroke: Redefining Child Support for Poor Fathers,” 39 UC Davis Law Review 991 (2006).Daniel L. Hatcher, Injustice, Inc.: How America’s Justice System Commodifies Children and the Poor (University of California Press 2023).

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A podcast about things we aren’t supposed to trade . . . But do anyway

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