B. Jessie Hill

Case Western Reserve University School of Law

11075 East Boulevard

Cleveland, OH 44106-7148

United States

  • Case Western Reserve University School of Law

SCHOLARLY PAPERS

42

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12

Scholarly Papers (42)

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1.

Medical Decision Making by and on Behalf of Adolescents: Reconsidering First Principles

Journal of Health Care Law & Policy, Vol. 15, 2012, Case Legal Studies Research Paper No. 2012-10
Number of pages: 38 Posted: 12 Apr 2012 Last Revised: 22 Jun 2012
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 579 (96,699)

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medical treatment, informed consent, children, adolescents, minors, parental consent, bodily integrity, health care regulation, constitutional law, state-mandated treatment, abortion, reproductive rights

2.

Reproductive Rights as Health Care Rights

Columbia Journal of Gender and Law, Vol. 18, No. 2, 2008, Case Legal Studies Research Paper No. 09-30
Number of pages: 50 Posted: 17 Oct 2009
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 502 (115,368)

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Autonomy, Privacy, Equality, Right to Health, Reproductive Rights, Right to Medical Treatment, and Constitutional Law

3.

The Constitutional Right to Make Medical Treatment Decisions: A Tale of Two Doctrines

Texas Law Review, Vol. 86, No. 2, December 2007, Case Legal Studies Research Paper No. 07-28
Number of pages: 70 Posted: 24 Sep 2007 Last Revised: 14 Aug 2008
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 496 (117,005)

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Medical treatment, medical marijuana, partial-birth abortion, D&X, D&E, due process, Gonzales v. Carhart, health exception, public health

4.

What is the Meaning of Health? Constitutional Implications of Defining 'Medical Necessity' and 'Essential Health Benefits' Under the Affordable Care Act

American Journal of Law & Medicine, 38 (2012): 445-470, Case Legal Studies Research Paper No. 2012-21
Number of pages: 27 Posted: 03 Jun 2012
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 406 (148,371)

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health, medical necessity, essential health benefit, negative right to health, Affordable Care Act, reproductive rights, abortion, 8th Amendment, state action doctrine, Health and Human Services, Institute of Medicine, benchmark plan

5.

Putting Religious Symbolism in Context: A Linguistic Critique of the Endorsement Test

Downloads 302 (204,879)
Citation 7

Putting Religious Symbolism in Context: A Linguistic Critique of the Endorsement Test

Case Legal Studies Research Paper No. 05-8
Number of pages: 70 Posted: 16 Mar 2005
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 161 (372,745)

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United States Supreme Court, Public displays of religious symbols, Social Meaning, Literary theory, Linguistic theory, Religious Symbolism, Establishment Clause, Church and State, Endorsement Test, Speech Act Theory

Putting Religious Symbolism in Context: A Linguistic Critique of the Endorsement Test

104 Michigan Law Review 491 (2005), Case Legal Studies Research Paper No. 05-8
Number of pages: 56 Posted: 05 Dec 2005 Last Revised: 11 May 2021
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 141 (416,633)
Citation 7

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United States Supreme Court, Public displays of religious symbols, Social Meaning, Literary theory, Linguistic theory, Religious Symbolism, Establishment Clause, Church and State, Endorsement Test, Speech Act Theory

6.

Constituting Children's Bodily Integrity

64 Duke Law Journal 1295 (2015), Case Legal Studies Research Paper No. 2014-35
Number of pages: 1 Posted: 23 Oct 2014 Last Revised: 29 Jul 2021
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 226 (274,059)

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Children, Minors, Bodily Integrity, Constitutional Law, Family, Autonomy, Medical Decision-Making, Parents, Corporal Punishment, State Action, Bellotti v. Baird, Abortion, Contraception

7.

The Geography of Abortion Rights

109 Georgetown Law Journal 1081 (2021), Case Legal Studies Research Paper No. 2021-12
Number of pages: 59 Posted: 01 Oct 2020 Last Revised: 16 Jun 2021
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 218 (283,697)

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abortion, liberty, 14th Amendment, Roe v. Wade, Whole Woman's Health v. Hellerstedt, June Medical Services v. Russo, TRAP laws, geography, right to travel

8.

Whose Body? Whose Soul? Medical Decision-Making on Behalf of Children and the Free Exercise Clause Before and After Employment Division v. Smith

Cardozo Law Review, Vol. 32, p. 1857, 2011, Case Legal Studies Research Paper No. 2011-7
Number of pages: 23 Posted: 10 May 2011
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 206 (299,162)

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Employment Division v. Smith, Free Exercise Clause, constitutional law, parental rights, children’s rights, mature minors, hybrid rights, medical decision-making, Wisconsin v. Yoder, due process rights, refusal of medical treatment on religious grounds

9.

Of Christmas Trees and Corpus Christi: Ceremonial Deism and Change in Meaning over Time

59 Duke Law Journal 705 (2010), Case Legal Studies Research Paper No. 09-17
Number of pages: 67 Posted: 01 May 2009 Last Revised: 29 Apr 2014
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 193 (317,796)

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Elk Grove Unified School District v. Newdow, Establishment Clause, Facially Religious Government Speech, Pledge of Allegiance, Ceremionial Deism, Speech Act Theory, Social Meaning

10.

Dangerous Terrain: Mapping the Female Body in Gonzales v. Carhart

Columbia Journal of Gender and Law, Vol. 19, No. 3, p. 1, 2010, Case Legal Studies Research Paper No. 2010-38
Number of pages: 27 Posted: 16 Nov 2010
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 160 (374,846)

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Body, Personhood, Abortion, Constitutional Law, Medical Procedure, Privacy, Abortion Procedure, Visual Approach, Gonzales v. Carhart, Partial Birth Abortion Ban Act

11.

The Associate Dean for Research in the Age of the Internet

31 Touro Law Review 101 (2014), Case Legal Studies Research Paper No. 2015-01
Number of pages: 7 Posted: 17 Jan 2015
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 145 (406,749)

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Law School Administration, Faculty Support, Legal Research and Scholarship, Internet

12.

Resistance to Constitutional Theory: The Supreme Court, Constitutional Change, and the 'Pragmatic Moment'

91 Texas Law Review 1815 (2013), Case Legal Studies Research Paper No. 2013-20
Number of pages: 29 Posted: 26 Oct 2013
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 130 (443,374)

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Constitutional Interpretation, Speech-Act Theory, Paul de Man, Fourteenth Amendment, First Amendment, Literary Theory

13.

Property and the Public Forum: An Essay on Christian Legal Society v. Martinez

Duke Journal of Constitutional Law & Public Policy, 2010 , Case Legal Studies Research Paper No. 2010-37
Number of pages: 10 Posted: 13 Nov 2010
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 130 (443,374)

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Christian Legal Society (CLS) v. Martinez, 130 S. Ct. 2971 (2010), Free Speech in public fora, Freed

14.

The First Amendment and the Politics of Reproductive Health Care

50 Washington University Journal of Law and Policy 103 (2016), Case Legal Studies Research Paper No. 2016-25
Number of pages: 21 Posted: 24 Jun 2016 Last Revised: 14 May 2021
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 128 (448,682)
Citation 1

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Essential, elective, therapeutic, moral, health care, reproductive health, first amendment, constitutional law, abortion, contraception

15.

Kingdom Without End? The Inevitable Expansion of Religious Sovereignty Claims

20 Lewis & Clark Law Review 1177 (2017), Case Legal Studies Research Paper No. 2017-3
Number of pages: 25 Posted: 07 Feb 2017 Last Revised: 09 Sep 2021
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 118 (477,665)

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Religious Sovereignty, First Amendment, Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, Burwell v. Hobby Lobby Stores, Zubik v. Burwell, Ministerial Exception, Ecclesiastical Abstention, Free Exercise Clause, Establishment Clause

16.

Essentially Elective: The Law and Ideology of Restricting Abortion During the COVID-19 Pandemic

106 Virginia Law Review Online 99 (2020), Case Legal Studies Research Paper No. 2020-7
Number of pages: 26 Posted: 09 Jul 2020 Last Revised: 17 Aug 2020
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 115 (487,017)
Citation 1

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abortion, pandemic, Constitution, Jacobson v. Massachusetts, Planned Parenthood v. Casey, elective surge

17.

Change, Dissent, and the Problem of Consent in Religious Organizations

The Rise of Corporate Religious Liberty, Chad Flanders, Zoë Robinson & Micah Schwartzman eds., Oxford University Press, 2015, Forthcoming, Case Legal Studies Research Paper No. 2015-16
Number of pages: 36 Posted: 13 Aug 2015
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 115 (487,017)
Citation 1

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Religion, Consent, Individual Rights, Church Sovereignty, Church Autonomy, Ministerial exception, Hosanna Tabor Evangelical Lutheran Church v. EEOC

18.

A Radically Immodest Judicial Modesty: The End of Facial Challenges to Abortion Regulations and the Future of the Health Exception in the Roberts Era

Case Western Reserve Law Review, Vol. 59, No. 4, 2009, Case Legal Studies Research Paper No. 2010-28
Number of pages: 27 Posted: 13 Aug 2010
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 113 (493,365)
Citation 1

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Abortion, Health Exception, Chief Justice John Roberts, Roberts Court, Judicial Restraint, Gonzales v. Carhart, Ayotte v. Planned Parenthood of Northern New England, Judicial Decision Making, Facial Challenges, As-applied Challenges

19.

The Identity of the Public University

17 Rutgers Journal of Law and Religion 429 (2016), Case Legal Studies Research Paper No. 2017-2
Number of pages: 21 Posted: 07 Feb 2017
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 108 (510,074)

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Institutional Identity, Education, Public University, First Amendment, Free Speech, Academic Freedom, Christian Legal Society v. Martinez

20.

(Dis)Owning Religious Speech

Case Legal Studies Research Paper No. 2012-2
Number of pages: 58 Posted: 11 Jan 2012 Last Revised: 11 May 2021
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 106 (520,671)

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Summum, Buono, First Amendment, religious speech, government speech, endorsement test, social meaning, culture wars, Establishment Clause, property, neutrality

21.

Anatomy of the Reasonable Observer

79 Brooklyn Law Review 1047 (2014), Case Legal Studies Research Paper No. 2013-19
Number of pages: 48 Posted: 26 Sep 2013 Last Revised: 09 Sep 2021
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 104 (524,220)

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Reasonable Observer, Establishment Clause, Knowledge, Bias, Majoritarian Viewpoint, Social Meaning, Government Speech, First Amendment, Empathy, Town of Greece v. Galoway

22.

Brief of Amici Curiae Free Exercise Scholars in Individual Members of the Medical Licensing Board of Indiana v. Anonymous

Virginia Public Law and Legal Theory Research Paper No. 2024-56
Number of pages: 18 Posted: 06 Aug 2024
B. Jessie Hill, Caroline Mala Corbin, Elizabeth Sepper, Richard Schragger, Micah Schwartzman and Nelson Tebbe
Case Western Reserve University School of Law, University of Miami School of Law, University of Texas at Austin - School of Law, University of Virginia School of Law, University of Virginia School of Law and Cornell Law School
Downloads 94 (560,929)

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abortion, free exercise exceptions, religion clauses, Religious Freedom Restoration Act, First Amendment, religious liberty, reproductive rights

23.

Ties that Bind? The Questionable Consent Justification for Hosanna-Tabor

109 Northwestern University Law Review Online (Forthcoming), Case Legal Studies Research Paper No. 2014-36
Number of pages: 13 Posted: 11 Nov 2014
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 94 (560,929)
Citation 1

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Hosanna-Tabor v. EEOC, Ministerial exception, Free Exercise Reconceived, Christopher Lund, Free Exercise and Establishment Clause, Church and State, Employment, Consent, Religion, Membership, Rights, First Amendment

24.

Uprooting Roe

12 Houston Law Review Online 50 (2022), Case Legal Studies Research Paper No. 2022-1
Number of pages: 11 Posted: 03 Feb 2022
B. Jessie Hill and Mae Kuykendall
Case Western Reserve University School of Law and Michigan State University - College of Law
Downloads 91 (572,320)

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Roe v. Wade, reproduction, gender, women, abortion, Planned Parenthood v. Casey

25.

Sex, Lies, and Ultrasound

89 University of Colorado Law Review 421 (2018), Case Legal Studies Research Paper No. 2018-6
Number of pages: 33 Posted: 07 Jun 2018
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 69 (669,113)

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Constitutional Law, impelled speech, government speech,Scientifically supported / unsupported expressions, expressive harm, Abortion, First Amendment, Fourteenth Amendment, undue burden, Whole Woman's Health v. Hellerstedt

26.

Look Who's Talking: Conscience, Complicity, and Compelled Speech

97 Indiana Law Journal 913 (2022), Case Legal Studies Research Paper No. 2022-7
Number of pages: 27 Posted: 12 May 2022
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 68 (674,162)

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compelled speech, free speech clause, First Amendment, RFRA, complicity, free exercise

27.

Due Process, Delegation, and Private Veto Power

Iowa Law Review, Forthcoming, Case Legal Studies Research Paper No. 2022-6
Number of pages: 39 Posted: 01 Apr 2022
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 67 (679,180)

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Nondelegation Doctrine, Due Process, Fourteenth Amendment, Procedural Due Process, Substantive Due Process, abortion, religious exemptions, contraception

28.

Big, Bad Roe

14 ConLawNOW 65 (2022), Case Legal Studies Research Paper No. 2023-6
Number of pages: 16 Posted: 26 Jun 2023
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 66 (684,424)

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abortion, reproductive rights, substantive due process, Fourteenth Amendment, Roe v. Wade

29.

Response to Wasserman and Rhodes: The Texas S.B. 8 Litigation and “Our Formalism”

72 American University Law Review Forum 1 (2022), Case Legal Studies Research Paper No. 2023-2
Number of pages: 18 Posted: 06 Jan 2023
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 62 (705,937)

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Ex parte Young, Federalism, abortion, preenforcement challenges

30.

Brief for Biomedical Ethicists Ruth R. Faden, PH.D., et al., Amici Curiae in Support of Petitioners, EMW Women’s Surgical Center, P.S.C., et al. v. Adam Meier, No. 19-417 (9th Cir. Oct. 28, 2019).

Case Legal Studies Research Paper No. 2020-1
Number of pages: 53 Posted: 10 Jan 2020
B. Jessie Hill and Ruth Faden
Case Western Reserve University School of Law and Johns Hopkins University - Berman Institute of Bioethics
Downloads 61 (711,314)

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bioethics, health law, autonomy, reproduction, reproductive rights, abortion, informed consent, First Amendment, compelled speech

31.

The Deliberative Privacy Principle: Abortion, Free Speech, and Religious Freedom

William & Mary Bill of Rights Journal, Vol. 28, 2019, Case Legal Studies Research Paper No. 2020-6
Number of pages: 23 Posted: 07 May 2020
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 60 (716,854)

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Right To Privacy, Fourteenth Amendment, First Amendment, Compelled Speech, Abortion, Ministerial Exception

32.

Reconsidering Hostile Takeover of Religious Organizations

97 Washington University Law Review 1883 (2020), Case Legal Studies Research Paper No. 2020-8
Number of pages: 26 Posted: 15 Jul 2020 Last Revised: 17 Aug 2020
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 53 (759,062)

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First Amendment, Free Exercise Of Religion, Establishment Clause, Freedom Of Association, Voluntary Associations, CLS v. Martinez

33.

Medical Authority and the Right to Life

Case Legal Studies Research Paper 2024-7, 104 Boston University Law Review Online 67 (2024)
Number of pages: 20 Posted: 05 Aug 2024
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 52 (765,477)

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34.

History's Speech Acts

108 Iowa Law Review 2215 (2023), Case Legal Studies Research Paper No. 2023-12
Number of pages: 23 Posted: 04 Oct 2023
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 52 (778,452)

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First Amendment, Establishment Clause, religious displays, Confederate monuments, Christian nationalism, race, speech acts

35.

Religious Nondelegation

Loyola University Chicago Law Journal, Vol. 54, 2023, Case Legal Studies Research Paper No. 2023-9
Number of pages: 28 Posted: 17 Aug 2023
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 52 (778,452)

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Establishment Clause, First Amendment, Delegation, Due Process, Nondelegation, Religious exemptions, Third-party harms

36.

Discrimination, Wisconsin v. Yoder, and the Freedom of Association

60 St. Louis University Law Journal 695 (2016), Case Legal Studies Research Paper 2016
Number of pages: 17 Posted: 28 Apr 2020 Last Revised: 28 Jul 2021
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 40 (851,697)

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First Amendment, free exercise clause, freedom of association, voluntary associations, Wisconsin v. Yoder, Burwell v. Hobby Lobby

37.

Science, Politics, and Reproductive Rights Introduction, Health Matrix: Journal of Law-Medicine - Introduction

Case Legal Studies Research Paper Forthcoming, 16 Health Matrix: Journal of Law-Medicine 1 (2006)
Number of pages: 5 Posted: 08 Aug 2020
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 36 (885,121)

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Reproductive Rights

38.

Laura Chisolm: An Advocate and Ally

Case Legal Studies Research Paper No. 2012, 62 Case Western Reserve Law Review 637 (2012)
Number of pages: 4 Posted: 08 Aug 2020
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 28 (959,578)

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Tribute, Laura Chisolm

39.

Introduction: Government Speech

Case Legal Studies Research Paper No. 2011, 61 Case Western Reserve Law Review 1081 (2011)
Number of pages: 7 Posted: 08 Aug 2020
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 28 (959,578)

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Public Institutions, Government Speech

40.

Sacred Violence: Religion and Terrorism

Case Legal Studies Research Paper No. 2008, 39 Case W. Res. J. Int'l L. 703 (2008)
Number of pages: 7 Posted: 05 Feb 2021
B. Jessie Hill and Adam Kinney
Case Western Reserve University School of Law and affiliation not provided to SSRN
Downloads 26 (980,224)

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religion, terrorism

41.

Tribute to Professor Jonathan L. Entin

Case Legal Studies Research Paper No. 2017, 67 Case W. Res. L. Rev. 1008 (2017)
Number of pages: 4 Posted: 05 Feb 2021
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 18 (1,070,575)

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tribute, Jonathan L. Entin

42.

Introduction to Law Review Symposium 2010: Reproductive Rights, Human Rights, and the Human Right To Health

Case Legal Studies Research Paper No. 2010, 60 Case W. Res. L. Rev. 951 (2010)
Number of pages: 7 Posted: 05 Feb 2021
B. Jessie Hill
Case Western Reserve University School of Law
Downloads 16 (1,094,853)

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reproductive rights, human rights, health care

Other Papers (1)

Total Downloads: 129
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1.

Case School of Law- Mock Congressional Hearing Regarding the Nsa Wiretapping Controversy

Number of pages: 77 Posted: 21 Sep 2006
David Cole, Amos N. Guiora, Ruth Wedgwood, Ruth Wedgwood, Michael P. Scharf, Jonathan H. Adler, Hiram E. Chodosh, B. Jessie Hill and Raymond Shih Ray Ku
Georgetown University Law Center, University of Utah - S.J. Quinney College of Law, Yale University - Law SchoolPaul H. Nitze School of Advanced International Studies, Johns Hopkins University, Case Western Reserve University School of Law, Case Western Reserve University School of Law, University of Utah - S.J. Quinney College of Law, Case Western Reserve University School of Law and Case Western Reserve University School of Law
Downloads 129

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NSA Surveillance, NSA, wiretapping, terrorism, fourth amendment, 4th amendment, FISA, Foreign Intelligence Surveillance Act, warantless wiretapping