As with phrenology and the polygraph, society is again confronted with a device that the media claims to be capable of reading our minds. Functional magnetic resonance imaging (“fMRI”), along with other types of functional brain imaging technologies, is currently being introduced at various stages of criminal trials as evidence… Read More »
This Article proposes a general approach to applying the Fourth Amendment to the Internet. It assumes that courts will try to apply the Fourth Amendment to the Internet so that the Fourth Amendment has the same basic function online that it has offline. The Article reaches two major conclusions. First,… Read More »
Kevin Werbach
- University of Pennsylvania
The structure of the digital economy will depend on a seemingly obscure debate about the jurisdiction of the Federal Communications Commission (FCC). Congress established the FCC during the New Deal and vested it with authority over all interstate communication by wire or radio. Seventy-six years later, the FCC faces critical… Read More »
Why did it take decades from the time inventors first developed wheeled suitcases before they were put on the market? Why haven’t the courts concluded that trademarks like “Band-Aid” and “Rollerblade” are now generic? Why did many analysts doubt the business wisdom of launching Netflix even after customer subscriptions exceeded… Read More »