The Constitutional Case for Religious Exemptions from Federal Vaccine Mandates

The Constitutional Case for Religious Exemptions from Federal Vaccine Mandates
Author: George J. Gatgounis
Publisher: Wipf and Stock Publishers
Total Pages: 229
Release: 2022-11-03
Genre: Religion
ISBN: 1666759481
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The Constitutional Case for Religious Exemptions from Federal Vaccine Mandates by the Rev. Dr. George Gatgounis, Esq., leads off with a legal brief by attorney Gatgounis arguing why mandating a vaccine despite a religious objection of an individual is unconstitutional. This very thorough volume also includes an extensive digest of South Carolina legal cases regarding religion and the full text of several other key lawsuits also arguing against forcing vaccines despite religious objections.

The Original Meaning of the Fourteenth Amendment

The Original Meaning of the Fourteenth Amendment
Author: Randy E. Barnett
Publisher: Harvard University Press
Total Pages: 489
Release: 2021-11-02
Genre: Law
ISBN: 0674257766
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A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.

Constitutionalism and the Rule of Law

Constitutionalism and the Rule of Law
Author: Maurice Adams
Publisher: Cambridge University Press
Total Pages: 559
Release: 2017-02-02
Genre: Law
ISBN: 1316883256
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Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

Law in Public Health Practice

Law in Public Health Practice
Author: Richard A. Goodman
Publisher: Oxford University Press
Total Pages: 609
Release: 2007
Genre: Law
ISBN: 019530148X
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Continually changing health threats, technologies, science, and demographics require that public health professionals have an understanding of law sufficient to address complex new public health challenges as they come into being. Law in Public Health Practice, Second Edition provides a thorough review of the legal basis and authorities for the core elements of public health practice and solid discussions of existing and emerging high-priority areas where law and public health intersect.As in the previous edition, each chapter is authored jointly by experts in law and public health. This new edition features three completely new chapters, with several others thoroughly revised and updated. New chapters address such topics as the structure of law in US public health systems and practice, the role of the judiciary in public health, and law in chronic disease prevention and control. The chapter on public health emergencies has also been fully revised to take into account both the SARS epidemic of 2003 and the events of the Fall of 2001. The chapter now discusses topics such as the legal basis for declaring emergencies, the legal structure of mutual aid agreements, and the role of the military in emergencies. Other fully revised chapters include those on genomics, injury prevention, identifiable health information, and ethics in the practice of public health.The book begins with a section on the legal basis for public health practice, including foundations and structure of the law, discussions of the judiciary, ethics and practice of public health, and criminal law and international considerations. The second section focuses on core public health applications and the law, and includes chapters on legal counsel for public health practitioners, legal authorities for interventions in public health emergencies, and considerations for special populations. The third section discusses the law in controlling and preventing diseases, injuries, and disabilities. This section includes chapters on genomics, vaccinations, foodborne illness, STDs, reproductive health, chronic disease control, tobacco use, and occupational and environmental health.All chapters take a practical approach and are written in an accessible, user-friendly fashion. This is an excellent resource for a wide readership of public health practitioners, lawyers, and healthcare providers, as well as for educators and students of law and public health.

Sincerely Held

Sincerely Held
Author: Charles McCrary
Publisher: University of Chicago Press
Total Pages: 309
Release: 2022-04-08
Genre: Law
ISBN: 0226817954
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"If you read Supreme Court opinions on cases involving First Amendment religion issues, you're likely to encounter the ubiquitous phrase "sincerely held religious belief." The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, determining what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held, Charles McCrary provides an original account of how "sincerely held religious belief" became the primary standard for determining what legally counts as genuine religion. McCrary traces the interlocking histories of sincerity, religion, and secularism in the US, starting in the mid-nineteenth century. He then shows how, in the 1940s, as the courts expanded the concept of religious freedom, they incorporated the notion of sincerity as a key element in determining religious freedom protections. The legal sincerity test was part of a larger trend in which the category "religion" became largely individualized and correlated with "belief." This linking of religion and belief, with all its Protestant underpinnings, is a central concern of critical secularism studies. McCrary contributes to this conversation by revealing the history of how sincerity and sincerely held religious belief developed as technologies of secular governance, constraining the type of subject one has to be in order to receive protections from the state"--

Deadly Choices

Deadly Choices
Author: Paul A. Offit
Publisher: Basic Books (AZ)
Total Pages: 298
Release: 2015-03-10
Genre: Science
ISBN: 0465057969
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A renowned researcher vigorously challenges the anti-vaccine movement in this powerful defense of science in the face of fear.

Global Health Law

Global Health Law
Author: Lawrence O. Gostin
Publisher: Harvard University Press
Total Pages: 461
Release: 2014-03-31
Genre: Law
ISBN: 0674369882
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The international community has made great progress in improving global health. But staggering health inequalities between rich and poor still remain, raising fundamental questions of social justice. In a book that systematically defines the burgeoning field of global health law, Lawrence Gostin drives home the need for effective global governance for health and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right. Gostin shows how critical it is for institutions and international agreements to focus not only on illness but also on the essential conditions that enable people to stay healthy throughout their lifespan: nutrition, clean water, mosquito control, and tobacco reduction. Policies that shape agriculture, trade, and the environment have long-term impacts on health, and Gostin proposes major reforms of global health institutions and governments to ensure better coordination, more transparency, and accountability. He illustrates the power of global health law with case studies on AIDS, influenza, tobacco, and health worker migration. Today's pressing health needs worldwide are a problem not only for the medical profession but also for all concerned citizens. Designed with the beginning student, advanced researcher, and informed public in mind, Global Health Law will be a foundational resource for teaching, advocacy, and public discourse in global health.

The Ethics of Vaccination

The Ethics of Vaccination
Author: Alberto Giubilini
Publisher: Springer
Total Pages: 126
Release: 2018-12-28
Genre: Philosophy
ISBN: 3030020681
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This open access book discusses individual, collective, and institutional responsibilities with regard to vaccination from the perspective of philosophy and public health ethics. It addresses the issue of what it means for a collective to be morally responsible for the realisation of herd immunity and what the implications of collective responsibility are for individual and institutional responsibilities. The first chapter introduces some key concepts in the vaccination debate, such as ‘herd immunity’, ‘public goods’, and ‘vaccine refusal’; and explains why failure to vaccinate raises certain ethical issues. The second chapter analyses, from a philosophical perspective, the relationship between individual, collective, and institutional responsibilities with regard to the realisation of herd immunity. The third chapter is about the principle of least restrictive alternative in public health ethics and its implications for vaccination policies. Finally, the fourth chapter presents an ethical argument for unqualified compulsory vaccination, i.e. for compulsory vaccination that does not allow for any conscientious objection. The book will appeal to philosophers interested in public health ethics and the general public interested in the philosophical underpinning of different arguments about our moral obligations with regard to vaccination.

Science, the Endless Frontier

Science, the Endless Frontier
Author: Vannevar Bush
Publisher: Princeton University Press
Total Pages: 186
Release: 2021-02-02
Genre: Science
ISBN: 069120165X
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The classic case for why government must support science—with a new essay by physicist and former congressman Rush Holt on what democracy needs from science today Science, the Endless Frontier is recognized as the landmark argument for the essential role of science in society and government’s responsibility to support scientific endeavors. First issued when Vannevar Bush was the director of the US Office of Scientific Research and Development during the Second World War, this classic remains vital in making the case that scientific progress is necessary to a nation’s health, security, and prosperity. Bush’s vision set the course for US science policy for more than half a century, building the world’s most productive scientific enterprise. Today, amid a changing funding landscape and challenges to science’s very credibility, Science, the Endless Frontier resonates as a powerful reminder that scientific progress and public well-being alike depend on the successful symbiosis between science and government. This timely new edition presents this iconic text alongside a new companion essay from scientist and former congressman Rush Holt, who offers a brief introduction and consideration of what society needs most from science now. Reflecting on the report’s legacy and relevance along with its limitations, Holt contends that the public’s ability to cope with today’s issues—such as public health, the changing climate and environment, and challenging technologies in modern society—requires a more capacious understanding of what science can contribute. Holt considers how scientists should think of their obligation to society and what the public should demand from science, and he calls for a renewed understanding of science’s value for democracy and society at large. A touchstone for concerned citizens, scientists, and policymakers, Science, the Endless Frontier endures as a passionate articulation of the power and potential of science.

Vaccines

Vaccines
Author: Joseph Domachowske
Publisher: Springer Nature
Total Pages: 494
Release: 2020-11-01
Genre: Medical
ISBN: 3030584143
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This book is designed to provide easy-to-read and basic information about vaccines for those undertaking a vaccine course or for medical providers seeking to improve their skills. Written by expert medical educators in the areas of infectious diseases, medical microbiology, and pediatrics, this book begins by establishing the fundamentals of vaccines such as what constitutes a vaccine, how they are manufactured and composed, how they are tested for safety and efficacy, and how vaccine recommendations are developed and conveyed to health care providers and their patients. The book then explains the composition, safety profile, effectiveness, and current recommendations for use of every available vaccine, alphabetized by infection. The concluding section illuminates practical concerns every vaccinating clinician experiences, including vaccine confidence and hesitancy, misconceptions, and patient communication. Vaccines: A Clinical Overview and Practical Guide is an excellent learning tool for all students and providers administering vaccines to patients, including infectious disease specialists and other internal medicine subspecialists, pediatricians, geriatricians, as well as all other primary care physicians, nurse practitioners, physician’s assistants, and nurses.