Skip to content
Cart

Your Cart

×

You have 0 items in your cart.

Register Sign in Wishlist

Law, Religion, and Health in the United States

$125.00 (P)

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: Temporarily unavailable - available from October 2017
  • format: Hardback
  • isbn: 9781107164888

$ 125.00 (P)
Hardback

Add to cart Add to wishlist

Other available formats:
Paperback, eBook


Looking for an examination copy?

If you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact collegesales@cambridge.org providing details of the course you are teaching.

Description
Product filter button
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

    See more reviews

    Customer reviews

    Not yet reviewed

    Be the first 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?

    ×

    Product details

    • Date Published: July 2017
    • format: Hardback
    • isbn: 9781107164888
    • length: 446 pages
    • dimensions: 235 x 156 x 27 mm
    • weight: 0.87kg
    • availability: Temporarily unavailable - available from October 2017
  • 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.

  • 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

Sign In

Please sign in to access your account

Cancel

Not already registered? Create an account now. ×

Sorry, this resource is locked

Please register or sign in to request access. If you are having problems accessing these resources please email lecturers@cambridge.org

Register Sign in
Please note that this file is password protected. You will be asked to input your password on the next screen.

» Proceed

You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Continue ×

Find content that relates to you

Are you sure you want to delete your account?

This cannot be undone.

Cancel

Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

×
Please fill in the required fields in your feedback submission.
×