Tag: Technology

Langdell and the Leviathan: Improving the First Year Law School Curriculum by Incorporating MOBY DICK

Gary Finley

“And thus there seems a reason in all things, even in law.”
Herman Melville, Moby Dick, Chapter 90

“For small erections may be finished by their first architects; grand ones, true ones, ever leave the copestone to posterity . . . . [t]his whole book is but a draught—nay, but… Read More »

Through a Scanner Darkly: Functional Neuroimaging as Evidence of a Criminal Defendant’s Past Mental States

Teneille Brown & Emily Murphy

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 »

Applying the Fourth Amendment to the Internet: A General Approach

Orin Kerr

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 »

Off the Hook

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 »

Intellectual Property for Market Experimentation

Michael Abramowicz & John F. Duffy

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 »

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