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Koppelman offers a solution to the bitterly polarizing gay rights/religious liberty conflict. This is the only book that lays out the interests that must be balanced in any decent compromise, in terms that both sides can recognize and appreciate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced.
Winner of the 2024 Donald W. Light Award for Applied Medical Sociology, American Sociological Association's Section on Medical Sociology One out of every six patients in the United States is treated in a Catholic hospital that follows the policies of the U.S. Conference of Catholic Bishops. These policies prohibit abortion, sterilization, contraception, some treatments for miscarriage and gender confirmation, and other reproductive care, undermining hard-won patients’ rights to bodily autonomy and informed decision-making. Drawing on rich interviews with patients and providers, this book reveals both how the bishops’ directives operate and how people inside Catholic hospitals navigate the resulting restrictions on medical practice. In doing so, Bishops and Bodies fleshes out a vivid picture of how The Church’s stance on sex, reproduction, and “life” itself manifests in institutions that affect us all.
We Make Each Other Beautiful focuses on woman of color and queer of color artists and artist collectives who engage in direct political action as a part of their art practice. Defined by public protest, rule-breaking, rebellion, and resistance to governmental and institutional abuse, direct-action "artivism" draws on the aims, radical spirit, and tactics of the civil rights and feminist movements and on the struggles for disability rights, queer rights, and immigrant rights to seek legal and social change. Yxta Maya Murray traces the development of artivism as a practice from the Harlem Renaissance to Yoko Ono, Judy Baca, and Marsha P. Johnson. She also studies its role in transforming law and society. We Make Each Other Beautiful profiles the work and lives of four contemporary artivists —Carrie Mae Weems, Young Joon Kwak, Tanya Aguiñiga, and Imani Jacqueline Brown—and the artivist collective Drawn Together, combining new oral histories with sharp analyses of how their diverse and expansive artistic practices bear important aesthetic and politicolegal meanings that address a wide range of injustices.
"This book demonstrates how feminist analysis can transform law in a field where paternalism, individualism, gender stereotypes, and tensions over the public-private divide shape judicial decisions. Each chapter focuses on a single court decision related to health law. The decisions concern patient autonomy, informed consent, medical and nursing malpractice, the relationships among health care professionals and the institutions where they work, communications between health care providers and the patients they serve, end-of-life care, reproductive health care, biomedical research, ownership of human tissues and cells, the influence of religious directives on health care standards, health car...
Public Health Law and Ethics defines these fields for a new generation. This bold and updated edition probes how the Covid-19 pandemic has fundamentally changed the legal landscape for public health practice. Through incisive analysis of public health legislation, judicial opinions, and scholarly research, this accessible primer articulates the scope and limits of governmental powers and duties to protect the public's health, builds a case for why social justice must be prioritized as a core value of public health ethics, examines the role of the courts in striking down democratically enacted laws, and covers today’s most pressing health issues, such as chronic diseases, opioid overdoses, gun violence, disability rights, sexual and reproductive autonomy, and racial and gender equity. The book creates a framework for ensuring public health interventions are based on and consistent with ethical values, revealing complex answers to the essential question of what community members owe one another when it comes to health.
An annual peer-reviewed law journal covering the legal implications of decisions by the Supreme Court of the United States. Since it first appeared in 1960, the Supreme Court Review (SCR) has won acclaim for providing a sustained and authoritative survey of the implications of the Court’s most significant decisions. SCR is an in-depth annual critique of the Supreme Court and its work, analyzing the origins, reforms, and modern interpretations of American law. SCR is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.
Tensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now. Nelson Tebbe argues that these disputes, which are admittedly complex, nevertheless can be resolved without irrationality or arbitrariness. In Religious Freedom in an Egalitarian Age, he advances a method called social coherence, based on ...
The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, how it compares to the experience of other countries, and the legal framework for the patient experience. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law.
What are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals and universities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion. Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, and religious freedom.
This is the first work to engage with intelligence studies through the lens of queer theory. Adding to the literature in critical intelligence studies and critical international relations theory, this work considers the ways in which both the spy, and the activities of espionage can be viewed as queer. Part One argues that the spy plays a role which represents a third path between the hard power of the military and the soft power of diplomacy. Part Two shows how the intelligence community plays a key role in enabling leaders of democracies to conduct covert activities running counter to that mission and ideology, in this way allowing a leader to have two foreign policies—an overt, public policy and a second, closeted, queer foreign policy.