Cart

Unlocking potential with the best learning and research solutions

Look Inside Law, Religion, and Health in the United States

Law, Religion, and Health in the United States

$63.99 (P)

Editors:
Holly Fernandez Lynch, Harvard Law School, Massachusetts
I. Glenn Cohen, Harvard Law School, Massachusetts
Elizabeth Sepper, Washington University School of Law

Douglas Laycock, Diane L. Moore, Eric M. Stephen, Adèle Keim, Gregory M. Lipper, Samuel J. Levine, Christine Mitchell, Melanie Di Pietro, Ryan Meade, Elizabeth Sepper, David M. Craig, Marc A. Rodwin, Rachel E. Sachs, Holly Fernandez Lynch, Gregory Curfman, Claudia E. Haupt, Nadia N. Sawicki, Richard H. Fallon Jr, Amy J. Sepinwall, Nelson Tebbe, Micah Schwatzman, Richard Schragger, Mary Anne Case, Robin Fretwell Wilson, Noa Ben-Asher, Susan Stabile, Craig Konnoth, Robert D. Truog, Thaddeus Mason Pope, Teneille R. Brown, Abbas Rattani, Jemen Amin Derbali, Jonathan F. Will, Mindy Jane Roseman, B. Jessie Hill, I. Glenn Cohen, Dov Fox

View all contributors

Date Published: July 2017
availability: Available
format: Paperback
isbn: 9781316616543

Rate & review

$ 63.99 (P)
Paperback

Add to cart Add to wishlist

Other available formats:
Hardback, eBook

Looking for an examination copy?

This title is not currently available for examination. However, if you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact [email protected] providing details of the course you are teaching.

Description

Contents

Resources

Courses

About the Authors

While the law can create conflict between religion and health, it can also facilitate religious accommodation and protection of conscience. Finding this balance is critical to addressing the most pressing questions at the intersection of law, religion, and health in the United States: should physicians be required to disclose their religious beliefs to patients? How should we think about institutional conscience in the health care setting? How should health care providers deal with families with religious objections to withdrawing treatment? In this timely book, experts from a variety of perspectives and disciplines offer insight on these and other pressing questions, describing what the public discourse gets right and wrong, how policymakers might respond, and what potential conflicts may arise in the future. It should be read by academics, policymakers, and anyone else - patient or physician, secular or devout - interested in how US law interacts with health care and religion.
- A solid primer that covers a breadth of issues, including health care institutions, providers, insurers, patients, and various settings, ranging from reproductive, mental, public, and environmental health
- Offers interdisciplinary expertise and ideological diversity, covering philosophy, public health, law, theology, and medicine, and contains views that are both more and less sympathetic to religious claims
- The most up-to-date resource as it will Include ongoing Supreme Court and other federal litigation
Read more
Reviews & endorsements
Advance praise: 'Health care - in particular, care related to sexuality and procreation - has become the epicenter of the struggle to define religious liberty in America. From insurance mandates to professional autonomy, from refusing reproductive care to ‘treating’ homosexuality, and from defining life to defining death, Law, Religion, and Health in the United States is essential reading.' R. Alta Charo, Sheldon B. Lubar Distinguished Research Chair and Warren P. Knowles Professor of Law and Bioethics, University of Wisconsin, Madison
Advance praise: 'This timely volume addresses a wide array of deep religious, ethical, legal, and technological quandaries that swirl around the increasingly complex world of health care in the United States. Bringing together top scholars from divergent disciplines and perspectives, this book will be essential reading for those who wrestle with power over life and death in a divided country where there are no one-size-fits-all answers.' Sarah Barringer Gordon, Arlin M. Adams Professor of Constitutional Law and Professor of History, University of Pennsylvania
'This impressive volume offers an in-depth analysis of a broad range of issues at the intersection of law, religion, health care, and public policy. … Many of the contributors are noted scholars and all bring substantial expertise to their essays. All of the essays are well-documented with extensive citations. Legal analyses are frequently enriched with historical and socio-cultural context. The authors’ introduction provides an excellent overview of the many chapters.' Robert S. Olick, Journal of Church and State
See more reviews
Customer reviews

Not yet reviewed
Be the first to review

Log in to review

Review was not posted due to profanity
×

, create a review

(If you're not , sign out)

Please enter the right captcha value

Please enter a star rating.

Your review must be a minimum of 12 words.

How do you rate this item?

Reviews must contain at least 12 words about the product.

×

Product details
- Date Published: July 2017
- format: Paperback
- isbn: 9781316616543
- length: 446 pages
- dimensions: 229 x 152 x 20 mm
- weight: 0.75kg
- availability: Available
Table of Contents
Part I. Testing the Scope of Legal Protections for Religion in the Health Care Context:
1. Religious liberty, health care, and the culture wars Douglas Laycock
2. From Smith to Hobby Lobby: the transformation of the religious freedom restoration act Diane L. Moore and Eric M. Stephen
3. The HHS Mandate Litigation and religious health care providers Adèle Keim
4. Not your father's religious exemptions: the contraceptive-coverage litigation and the rights of others Gregory M. Lipper
5. Recent applications of the Supreme Court's hands-off approach to religious doctrine: from Hosanna-Tabor and Holt to Hobby Lobby and Zubik Samuel J. Levine
Part II. Law, Religion, and Health Care Institutions: Introduction Christine Mitchell
6. A corporation's exercise of religion: a practitioner's experience Melanie Di Pietro
7. The natural person as the limiting principle for conscience: can a corporation have a conscience if it doesn't have an intellect and will? Ryan Meade
8. Contracting religion Elizabeth Sepper
9. Mission integrity matters: balancing catholic health care values and public mandates David M. Craig
Part III. Law, Religion, and Health Insurance: Introduction Marc A. Rodwin
10. Religious exemptions to the individual mandate: health care sharing miniseries and the Affordable Care Act Rachel E. Sachs
11. Bosses in the bedroom: religious employers and the future of employer-sponsored health care Holly Fernandez Lynch and Gregory Curfman
Part IV. Professional Responsibilities, Religion, and Health Care: Introduction Holly Fernandez Lynch
12. Religious outliers: professional knowledge communities, individual conscience claims, and the availability of professional services to the public Claudia E. Haupt
13. A common law duty to disclose conscience-based limitations on medical practice Nadia N. Sawicki
Part V. The Impact of Religious Objections on the Health and Health Care of Others: Introduction Richard H. Fallon Jr
14. Conscientious objection, complicity, and accommodation Amy J. Sepinwall
15. How much may religious accommodations burden others? Nelson Tebbe, Micah Schwatzman and Richard Schragger
16. 'A patchwork array of theocratic fiefdoms?' RFRA claims against ACA's contraception mandate Mary Anne Case
17. Unpacking the relationship between conscience and access Robin Fretwell Wilson
Part VI. A Case Study – Religious Beliefs and the Health of the LGBT Community: Introduction Noa Ben-Asher
18. Religious convictions about homosexuality and the training of counseling professionals: how should we treat religious-based opposition to counseling about same-sex relationships? Susan Stabile
19. Reclaiming biopolitics: religion and psychiatry in the sexual orientation change therapy cases and the establishment clause defense Craig Konnoth
Part VII. Accounting for Patients' Religious Beliefs: Introduction Robert D. Truog
20. Brain death rejected: expanding legal duties to accommodate religious objections Thaddeus Mason Pope
21. Accommodating miracles: medical futility and religious free exercise Teneille R. Brown
22. Putting the insanity defense on trial: understanding criminality in the context of religion and mental illness Abbas Rattani and Jemen Amin Derbali
23. Religion as a controlling interference in medical decision-making by minors Jonathan F. Will
Part VIII. Religion and Reproductive Health Care: Introduction Mindy Jane Roseman
24. Regulating reasons: governmental regulation of private deliberation in reproductive decision-making B. Jessie Hill
25. Religion and reproductive technology I. Glenn Cohen
26. Religion and the unborn under the first amendment Dov Fox.
Look Inside
Editors
Holly Fernandez Lynch, Harvard Law School, Massachusetts
Holly Fernandez Lynch is Executive Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, Massachusetts and a faculty member at the Harvard Medical School Center for Bioethics. She is the author of Conflicts of Conscience in Health Care: An Institutional Compromise (2008) and co-editor of Nudging Health: Health Law and Behavioral Economics (2016), FDA in the Twenty-First Century: The Challenges of Regulating Drugs and New Technologies (2015), and Human Subjects Research Regulation: Perspectives on the Future (2014).
I. Glenn Cohen, Harvard Law School, Massachusetts
I. Glenn Cohen is a Professor at Harvard Law School, Massachusetts and Faculty Director of the Petrie-Flom Center. He is one of the world's leading experts on the intersection of bioethics and the law, as well as health law. He has authored or co-edited eight books and has published more than eighty articles in venues like The New England Journal of Medicine, JAMA: The Journal of the American Medical Association, Nature, and the Harvard Law Review.
Elizabeth Sepper, Washington University School of Law
Elizabeth Sepper is an Associate Professor at Washington University School of Law. She is an expert in health law and religious liberty law. She has written extensively on conscientious refusals to provide reproductive and end-of-life care, and conflicts between religion and antidiscrimination laws with articles in top law journals, including the Columbia Law Review, Virginia Law Review, and Indiana Law Journal.
Contributors
Douglas Laycock, Diane L. Moore, Eric M. Stephen, Adèle Keim, Gregory M. Lipper, Samuel J. Levine, Christine Mitchell, Melanie Di Pietro, Ryan Meade, Elizabeth Sepper, David M. Craig, Marc A. Rodwin, Rachel E. Sachs, Holly Fernandez Lynch, Gregory Curfman, Claudia E. Haupt, Nadia N. Sawicki, Richard H. Fallon Jr, Amy J. Sepinwall, Nelson Tebbe, Micah Schwatzman, Richard Schragger, Mary Anne Case, Robin Fretwell Wilson, Noa Ben-Asher, Susan Stabile, Craig Konnoth, Robert D. Truog, Thaddeus Mason Pope, Teneille R. Brown, Abbas Rattani, Jemen Amin Derbali, Jonathan F. Will, Mindy Jane Roseman, B. Jessie Hill, I. Glenn Cohen, Dov Fox