Frederick K. Cox International Law Center
Frederick K. Cox International Law Center

Case Western Reserve University School of Law
2008 Jessup International Moot Court World Championship Team.

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The International Law Faculty

Jessica Berg
Professor of Law and Biomedical Ethics and Oliver C. Schroeder Distinguished Research Scholar; Associate Director of the Law-Medicine Center
Phone: 216/368-6363

Professor of Law and Bioethics; Associate Director, Law-Medicine Center; BA 1991, JD 1994 (Cornell), MPH 2009 (Case Western Reserve University School of Medicine)
Jessica Berg joined the faculty in 1999 after serving as the Director of Academic Affairs and Secretary of the Council on Ethical and Judicial Affairs and Section Director for Professionalism at the American Medical Association. Before that, she was a Scholar in Excellence at the University of Massachusetts Medical School and a Fellow at the Center for Biomedical Ethics and the Institute for Law, Psychiatry and Public Policy at the University of Virginia. In 2007, Prof. Berg served as Associate Director of the Institute for Global Security Law and Policy, and she presents an annual lecture on application of international law to health workers during natural disasters and armed conflict.


Hoffman S, Berg J, “The Suitability of IRB Liability,” 67 University of Pittsburgh Law Review 365 (2005).

“Children and Placebos,” in Learning From Cases: Ethics and Research with Children (Oxford, 2005)

“Owning Persons: The Application of Property Theory to Embryos and Fetuses,” 40 Wake Forest Law Review 159 (2005)

“You Say Person and I Say Property: Does it Really Matter What We Call an Embryo?” 4 American Journal of Bioethics 17 (2004)

“To Tell or Not to Tell: Ethics and Law of Medical Information Privacy,” in Russian Bioethics Textbook (2003)

“Understanding Waiver,” 40 University of Houston Law Review 101 (2003)

Informed Consent: Legal Theory and Clinical Practice (Oxford, 2d edition 2002) (with Paul S. Appelbaum, Charles W. Lidz, and Lisa S. Parker)

“Ethics and E-Medicine,” 46 St. Louis University Law Journal, Symposium Issue 6 (2002)

“Grave Secrets: Ethical and Legal Analysis of Postmortem Confidentiality,” 34 Connecticut Law Review 81 (2001)

“Risky Business: Evaluating Oocyte Donation,” 1 (4) The American Journal of Bioethics 18 (2001)

“The Family Covenant and Genetic Testing,” 1 (3) American Journal of Bioethics 2 (2001) (with D. Doukas)

“When, If Ever, Should Confidentiality Be Set Aside?” in Ethical Dilemmas in Neurology, eds. Adam Zeman and Linda Emanuel (W. B. Saunders, 2000)

“Medical Professionalism,” 341 (21) New England Journal of Medicine 1612 (1999) (with M. Wynia, S. Latham, A. Kao, and L. Emanuel)

“Subjects’ Capacity to Consent to Neurobiological Research,” in Ethics in Psychiatric Research: A Research Manual for Investigators, eds. Harold Alan Pincus et al. (American Psychiatric Association, 1999) (with P. S. Appelbaum)

“Waiver of Informed Consent for Emergency Research,” 1 Journal of Medicine and Law 1 (1997)

“Constructing Competence: Formulating Standards of Legal Competence to Make Medical Decisions,” 48 Rutgers Law Review 345 (1996) (with P. S. Appelbaum and T. Grisso)

“The Legal and Ethical Complexities of Consent with Cognitively Impaired Research Subjects: Proposed Guidelines,” 48 Journal of Law, Medicine, and Ethics 18 (1996)

“When Push Comes to Shove,” in Coercion a nd Aggressive Community Treatment: A New Frontier in Mental Health Law, eds. Deborah L. Dennis and John Monahan (Plenum, 1996) (with R. J. Bonnie)