For those who haven't seen this news:
http://abovethelaw.com/2009/05/musical_chairs_judge_michael_m.php
Dan Conkle
Daniel O. Conkle
Robert H. McKinney Professor of Law
Indiana University Maurer School of Law
Bloomington, Indiana 47405
(812)
Michael is from Kentucky and does hail from Utah, just to correct the story
Paul Finkelman
President William McKinley Distinguished Professor of Law
Albany Law School
80 New Scotland Avenue
Albany, NY 12208
518-445-3386 (p)
518-445-3363 (f)
pf...@albanylaw.edu
www.paulfinkelman.com
--- On
This is easy enough to take care of in the private context, right? Insurers
refuse to cover suicide and to cover any claim where an autopsy would reveal
cause of death and the insured refuses the autopsy. That then opens a market
for insurance policies for those whose beliefs preclude
State insurance departments must approve all insurance polices. Does
that make a difference? And is not a refusal ot issue policies to people
who won' accept autopsies, amount to a declaration that certain faith
groups (Jews, Hmong and others) are not eligible for insurance?
Marc Stern
Why is it a religious discrimination issue when the allocation of risk is so
obviously different?
Moreover, my suggestion was for a neutral distonction, not a religio- centric
reason. There are people who might well opt for the no-autopsy rule for
secular reasons, right?
Marci
Mike's opinion in the Colorado Christian University case is one of the finest
1A decisions I have ever read. He was a judge for far too short a time, but his
return to academia is sure to produce much good fruit.
Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law