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Palgrave Studies in Law, Neuroscience, and Human Behavior

Searching Minds by Scanning Brains

Neuroscience Technology and Constitutional Privacy Protection

Authors: Blitz, Marc Jonathan

  • Will be of interest to researchers examining the implications that neuroscience has for legal questions
  • Presents a novel exploration of the constitutionality of neuroimaging of certain mental activity, focusing especially on the Fourth, Fifth, First, and Fourteenth Amendments
  • Represents an original contribution to the emerging field of neurolaw
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Buy this book

eBook $39.99
price for USA (gross)
  • ISBN 978-3-319-50004-1
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $54.99
price for USA
  • ISBN 978-3-319-50003-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

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. 

About the authors

Marc Jonathan Blitz is Alan Joseph Bennett Professor of Law at Oklahoma City University, USA, and series editor of Palgrave Studies in Law, Neuroscience, and Human Behavior.

Reviews

“Searching Minds by Scanning Brains presents in-depth discussions of how the Fourth and Fifth Amendments have been used to make decisions about the constitutionality of brain scanning offered as evidence in criminal cases. … This book could be a very helpful text for law students, not only because of the resources and format of the book but also because of Blitz’s modeling of the disciplined logical and balanced thinking of an expert legal scholar.” (Patricia E. Freed, PsycCRITIQUES, Vol. 62 (32), August, 2017)


Table of contents (6 chapters)

  • Introduction

    Blitz, Marc Jonathan

    Pages 1-9

  • Constitutional Puzzles and (Neuro) Technological Changes

    Blitz, Marc Jonathan

    Pages 11-43

  • Lie Detection, Mind Reading, and Brain Reading

    Blitz, Marc Jonathan

    Pages 45-58

  • The Fifth Amendment: Self-Incrimination and the Brain

    Blitz, Marc Jonathan

    Pages 59-79

  • The Fourth (and First) Amendment:Searches with, and Scrutiny of, Neuroimaging

    Blitz, Marc Jonathan

    Pages 81-123

Buy this book

eBook $39.99
price for USA (gross)
  • ISBN 978-3-319-50004-1
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $54.99
price for USA
  • ISBN 978-3-319-50003-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Searching Minds by Scanning Brains
Book Subtitle
Neuroscience Technology and Constitutional Privacy Protection
Authors
Series Title
Palgrave Studies in Law, Neuroscience, and Human Behavior
Copyright
2017
Publisher
Palgrave Macmillan
Copyright Holder
The Editor(s) (if applicable) and The Author(s)
eBook ISBN
978-3-319-50004-1
DOI
10.1007/978-3-319-50004-1
Hardcover ISBN
978-3-319-50003-4
Edition Number
1
Number of Pages
VI, 144
Topics