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Palgrave Macmillan

Searching Minds by Scanning Brains

Neuroscience Technology and Constitutional Privacy Protection

  • Book
  • © 2017

Overview

  • 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

Part of the book series: Palgrave Studies in Law, Neuroscience, and Human Behavior (PASTLNHB)

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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. 

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Keywords

Table of contents (6 chapters)

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)

Authors and Affiliations

  • Oklahoma City University School of Law, Oklahoma City, USA

    Marc Jonathan Blitz

About the author

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.

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