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Brain Death, Religious Freedom, and Public Policy: New Jersey's Landmark Legislative Initiative
- Kennedy Institute of Ethics Journal
- Johns Hopkins University Press
- Volume 1, Number 4, December 1991
- pp. 275-288
- 10.1353/ken.0.0068
- Article
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"Whole brain death" (neurological death) is well-established as a legal standard of death across the country. Recently, New Jersey became the first state to enact a statute recognizing a personal religious exemption (a conscience clause) protecting the rights of those who object to neurological death. The Act also mandates adoption through the regulatory process of uniform and up-to-date clinical criteria for determining neurological death.