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Searching Minds by Scanning Brains
  • Language: en

Searching Minds by Scanning Brains

This book examines the ethical and legal challenges presented by modern techniques of memory retrieval, especially within the context of potential use by the US government in courts of law. Specifically, Marc Blitz discusses the Fourth Amendment’s protections against unreasonable searches and the Fifth Amendment's self-incrimination clause. He also argues that we should pay close attention to another constitutional provision that individuals generally don’t think of as protecting their privacy: The First Amendment’s freedom of speech. First Amendment values also protect our freedom of thought, and this—not simply our privacy—is what is at stake if government engaged in excessive monitoring of our minds.

The Law and Ethics of Freedom of Thought, Volume 1
  • Language: en
  • Pages: 317

The Law and Ethics of Freedom of Thought, Volume 1

Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts – and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, “[f]reedom to think is absolute of its own nature” because even “the most tyrannical government is powerless to control the inward workings of the mind.” But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual’s cognitive liberty or autonomy) requires.

Cognitive Enhancement
  • Language: en
  • Pages: 377

Cognitive Enhancement

  • Categories: Law

Discussions on cognitive-neuroenhancement for healthy adults tend to focus on theoretical positions while concrete policy proposals and detailed models are scarce. Furthermore, discussions generally rely solely on data from the US or UK, while international perspectives are mostly non-existent. This volume fills the gap addressing the conceptual, ethical, social, and legal implications of cognitive enhancement from an international perspective.

Policy, Identity, and Neurotechnology
  • Language: en
  • Pages: 278

Policy, Identity, and Neurotechnology

In this volume the authors explore the landscape of thought on the ethical and policy implications of Brain Computer Interface (BCI) technology. BCI technology is a promising and rapidly advancing research area. Recent developments in the technology, based on animal and human studies, allow for the restoration and potential augmentation of faculties of perception and physical movement, and even the transfer of information between brains. Brain activity can be interpreted through both invasive and non-invasive monitoring devices, allowing for novel, therapeutic solutions for individuals with disabilities and for other non-medical applications. However, a number of ethical and policy issues ha...

Intellectual Privacy
  • Language: en
  • Pages: 241

Intellectual Privacy

  • Categories: Law

How should we think about the problems of privacy and free speech? Neil Richards argues that when privacy and free speech truly conflict, free speech should almost always win, but contends that, contrary to conventional wisdom, speech and privacy are only rarely in conflict.

Mental Health and Enhancement
  • Language: en
  • Pages: 160

Mental Health and Enhancement

This book takes the reader from basic questions like “What is health?” and “What is a psychiatric disorder?”, into the midst of people’s present mental health and enhancement choices. More and more people receive psychiatric diagnoses and the use of psychopharmacological drugs keeps increasing. Concurrently, media report the popularity of “brain doping” or “study drugs” on campuses as well as at the workplace. This open access book tests the hypothesis of whether mental health and enhancement can be seen as two sides of the same coin: that the demands on cognitive and emotional functioning have been increasing and psychoactive substances are used to meet these demands. Whet...

Privacy at the Margins
  • Language: en
  • Pages: 233

Privacy at the Margins

  • Categories: Law

Privacy can function as an expressive, anti-subordination tool of resistance that is worthy of constitutional protection.

Constitutional Law
  • Language: en
  • Pages: 844

Constitutional Law

  • Categories: Law
  • Type: Book
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  • Published: 2010-05-21
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  • Publisher: Routledge

Presents an up-to-date analysis of critical constitutional issues. Special attention is given to issues of greatest concern to criminal justice personnel - detention, arrest, search and seizure, interrogations and confessions, self-incrimination, due process, and right to counsel. Also includes constitutional aspects of criminal and civil liabilities of justice personnel, and constitutional and civil rights in the workplace. Part II presents key cases to assist in interpreting the constitutional provisions. Each chapter includes chapter outline, key terms and concepts, as well as numerous boxes defining terms and elaborating on the text. Part II contains briefs of judicial decisions related to the topics covered in the the text, in order to help the reader learn rule of law as well as the reasoning of the court that guides future court rulings. Part III contains the Constitution of the United States of America, a Glossary and a Table of Cases.

Free Speech Beyond Words
  • Language: en
  • Pages: 269

Free Speech Beyond Words

  • Categories: Law
  • Type: Book
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  • Published: 2020-02-15
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  • Publisher: NYU Press

A look at First Amendment coverage of music, non-representational art, and nonsense The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning. As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities an...

Yale Law Journal: Volume 124, Number 6 - April 2015
  • Language: en
  • Pages: 250

Yale Law Journal: Volume 124, Number 6 - April 2015

  • Categories: Law

The contents of Yale Law Journal's April 2015 issue (Volume 124, Number 6) include: * Article, "The Constitutional Duty To Supervise," by Gillian E. Metzger * Article, "Architectural Exclusion: Discrimination and Segregation Through Physical Design of the Built Environment," by Sarah Schindler * Feature, "Fifty Attorneys General, and Fifty Approaches to the Duty To Defend," by Neal Devins & Saikrishna Bangalore Prakash * Note, "Executive Orders in Court," by Erica Newland ' * Comment, "Stare Decisis and Secret Law: On Precedent and Publication in the Foreign Intelligence Surveillance Court," by Jack Boeglin & Julius Taranto Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes.