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Law, religion, and health in the United States

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  • Creator edited by Holly Fernandez Lynch (Harvard Law School), I. Glenn Cohen (Harvard Law School), Elizabeth Sepper (Washington University School of Law)
  • Format Books
  • Contributors
  • Publication New York, NY, USA : Cambridge University Press, 2017. ©2017
  • Physical Details
    • xxi, 427 pages ; 24 cm
  • ISBNs 1316616541, 9781316616543, 1107164885, 9781107164888
  • OCLC ocn973501923


  • "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, 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."--


  • Includes bibliographical references and index.


  • Foreword / Martha Minow -- Introduction: Law, religion, and health in the United States / Elizabeth Sepper, Holly Fernandez Lynch, and I. Glenn Cohen -- Religious liberty, health care, and the culture wars / Douglas Laycock -- From Smith to Hobby Lobby : the transformation of the religious freedom restoration act / Diane L. Moore and Eric M. Stephen -- The HHS mandate litigation and religious health care providers / Adele Keim -- Not your father's religious exemptions : the contraceptive-coverage litigation and the rights of others / Gregory M. Lipper -- 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 -- A corporation's exercise of religion : a practitioner's experience / Melanie Di Pietro -- 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 -- Contracting religion / Elizabeth Sepper -- Mission integrity matters : balancing catholic health care values and public mandates / David M. Craig -- Religious exemptions to the individual mandate : health care sharing miniseries and the Affordable Care Act / Rachel E. Sachs -- Bosses in the bedroom : religious employers and the future of employer-sponsored health care / Holly Fernandez Lynch and Gregory Curfman -- Religious outliers : professional knowledge communities, individual conscience claims, and the availability of professional services to the public / Claudia E. Haupt -- A common law duty to disclose conscience-based limitations on medical practice / Nadia N. Sawicki -- Conscientious objection, complicity, and accommodation / Amy J. Sepinwall -- How much may religious accommodations burden others? / Nelson Tebbe, Micah Schwatzman and Richard Schragger -- A patchwork array of theocratic fiefdoms?' : RFRA claims against ACA's contraception mandate / Mary Anne Case -- Unpacking the relationship between conscience and access / Robin Fretwell Wilson -- 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 -- Reclaiming biopolitics : religion and psychiatry in the sexual orientation change therapy cases and the establishment clause defense / Craig Konnoth -- Brain death rejected : expanding legal duties to accommodate religious objections / Thaddeus Mason Pope -- Accommodating miracles : medical futility and religious free exercise / Teneille R. Brown -- Putting the insanity defense on trial : understanding criminality in the context of religion and mental illness / Abbas Rattani and Jemen Amin Derbali -- Religion as a controlling interference in medical decision-making by minors / Jonathan F. Will -- Regulating reasons : governmental regulation of private deliberation in reproductive decision-making / B. Jessie Hill -- Religion and reproductive technology / I. Glenn Cohen -- Religion and the unborn under the first amendment / Dov Fox