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The Calculus Of Accommodation: Contraception, Abortion, Same-Sex Marriage, And Other Clashes Between Religion And The State, Robin F. Wilson Oct 2012

The Calculus Of Accommodation: Contraception, Abortion, Same-Sex Marriage, And Other Clashes Between Religion And The State, Robin F. Wilson

Scholarly Articles

This Article considers a burning issue in society today— whether, and under what circumstances, religious groups and individuals should be exempted from the dictates of civil law. The “political maelstrom” over the Obama administration’s sterilization and contraceptive coverage mandate is just one of many clashes between religion and the state. Religious groups and individuals have also sought religious exemptions to the duty to assist with abortions or facilitate samesex marriages. In all these contexts, religious objectors claim a special right of entitlement to follow their religious tenets, in the face of equally compelling claims that religious accommodations threaten access and …


The Supreme Court And The Future Of Medicaid, Timothy Stoltzfus Jost, Sara Rosenbaum Sep 2012

The Supreme Court And The Future Of Medicaid, Timothy Stoltzfus Jost, Sara Rosenbaum

Scholarly Articles

Not available.


The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers Mar 2012

The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman Mar 2012

Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Guatemala Std Inoculation Study As The Incentive To Change Modern Informed Consent Standards, Marie Constance Scheperle Mar 2012

The Guatemala Std Inoculation Study As The Incentive To Change Modern Informed Consent Standards, Marie Constance Scheperle

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Rethinking The New Public Health, Lindsay F. Wiley Jan 2012

Rethinking The New Public Health, Lindsay F. Wiley

Washington and Lee Law Review

This Article contributes to an emerging theoretical debate over the legitimate scope of public health law by linking it to a particular doctrinal debate in public nuisance law. State and local governments have been largely stymied in their efforts to use public nuisance litigation against harmful industries to vindicate collectively-held, common law rights to non-interference with public health and safety. The ways in which this litigation has failed are instructive for a broader movement in public health that is only just beginning to take shape. In response to evolving scientific understanding about the determinants of health, public health advocates are …