Law, Religion, and Health in the United States

ISBN-13: 9781316616543 / Angielski / Miękka / 2017 / 446 str.

Holly Fernandez Lynch; I. Glenn Cohen; Elizabeth Sepper

Opis

This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.

Recenzje

'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

Spis treści

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.