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A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. Focusing on the provision of gender-affirming care, Health Care Civil Rights analyzes the difficulties and potential of discrimination law in healthcare settings. The application of civil rights law could be a powerful response to health inequalities in the U.S., but conservative challenges and the complex and fragmented nature of our health care system have limited the real-world success of this strategy. Revealing deep divides and competing interests that reverberate through patient experiences, insurance claims, and courtroom arguments, Anna Kirkland explains what health care civil rights are, how they work in theory and practice, and how to strengthen them.
The so-called vaccine court is a small special court in the United States Court of Federal Claims that handles controversial claims that a vaccine has harmed someone. While vaccines in general are extremely safe and effective, some people still suffer severe vaccine reactions and bring their claims to vaccine court. In this court, lawyers, activists, judges, doctors, and scientists come together, sometimes arguing bitterly, trying to figure out whether a vaccine really caused a person’s medical problem. In Vaccine Court, Anna Kirkland draws on the trials of the vaccine court to explore how legal institutions resolve complex scientific questions. What are vaccine injuries, and how do we come to recognize them? What does it mean to transform these questions into a legal problem and funnel them through a special national vaccine court, as we do in the U.S.? What does justice require for vaccine injury claims, and how can we deliver it? These are highly contested questions, and the terms in which they have been debated over the last forty years are highly revealing of deeper fissures in our society over motherhood, community, health, harm, and trust in authority. While many scholars argue that it’s foolish to let judges and lawyers decide medical claims about vaccines, Kirkland argues that our political and legal response to vaccine injury claims shows how well legal institutions can handle specialized scientific matters. Vaccine Court is an accessible and thorough account of what the vaccine court is, why we have it, and what it does.
Asks why the boundaries of anti-discrimination laws rest where they do
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