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Full-Text Articles in Science and Technology Law
Stay Out Of My Head: Neurodata, Privacy, And The First Amendment, Wayne Unger
Stay Out Of My Head: Neurodata, Privacy, And The First Amendment, Wayne Unger
Washington and Lee Law Review
The once science-fictional idea of mind-reading is within reach as advancements in brain-computer interfaces, coupled with advanced artificial intelligence, produce neurodata—the collection of substantive thoughts as storable and processable data. But government access to individuals’ neurodata threatens personal autonomy and the right to privacy. While the Fourth Amendment is traditionally considered the source of privacy protections against government intrusion, the First Amendment provides more robust protections with respect to whether governments can access one’s substantive ideas, thoughts, and beliefs. However, many theorists assert that the concept of privacy conflicts with the First Amendment because privacy restricts the flow of information …
Limited Privacy In “Pings:” Why Law Enforcement’S Use Of Cell-Site Simulators Does Not Categorically Violate The Fourth Amendment, Lara M. Mcmahon
Limited Privacy In “Pings:” Why Law Enforcement’S Use Of Cell-Site Simulators Does Not Categorically Violate The Fourth Amendment, Lara M. Mcmahon
Washington and Lee Law Review
This Note proposes four factors courts should consider when asked to determine whether law enforcement’s use of a cell-site simulator constituted a Fourth Amendment search. The first asks courts to consider whether the cell-site simulator surveillance infringed on a constitutionally protected area, such as the home. The second asks courts to consider the duration of the cell-site simulator surveillance. The third asks courts to consider whether the cell-site simulator surveillance was conducted actively or passively. The fourth asks courts to focus on the nature and depth of the information obtained as a result of the cell-site simulator surveillance. If, after …
Secret Conviction Programs, Meghan J. Ryan
Secret Conviction Programs, Meghan J. Ryan
Washington and Lee Law Review
Judges and juries across the country are convicting criminal defendants based on secret evidence. Although defendants have sought access to the details of this evidence—the results of computer programs and their underlying algorithms and source codes—judges have generally denied their requests. Instead, judges have prioritized the business interests of the for-profit companies that developed these “conviction programs” and which could lose market share if the secret algorithms and source codes on which the programs are based were exposed. This decision has jeopardized criminal defendants’ constitutional rights.
Regulating Choice: A Constitutional Law Response To Professor John A. Robertson's Children Of Choice, Ann Maclean Massie
Regulating Choice: A Constitutional Law Response To Professor John A. Robertson's Children Of Choice, Ann Maclean Massie
Washington and Lee Law Review
No abstract provided.
Products Of The Will: Robertson's Children Of Choice, Gilbert Meilaender
Products Of The Will: Robertson's Children Of Choice, Gilbert Meilaender
Washington and Lee Law Review
No abstract provided.
Children Of Choice: Whose Children? At What Cost?, Laura M. Purdy
Children Of Choice: Whose Children? At What Cost?, Laura M. Purdy
Washington and Lee Law Review
No abstract provided.
Liberalism And The Limits Of Procreative Liberty: A Response To My Critics, John A. Robertson
Liberalism And The Limits Of Procreative Liberty: A Response To My Critics, John A. Robertson
Washington and Lee Law Review
No abstract provided.