law: February 2007 Archives

Open Access Legal Scholarship

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SSRN-Download It While Its Hot: Open Access and Legal Scholarship by Lawrence Solum

This Article analyzes the shift of legal scholarship from the old world of law reviews to today's world of peer reviews to tomorrow's world of open access legal blogs. This shift is occurring in three dimensions. First, legal scholarship is moving from the long form (treatises and law review articles) to the short form (very short articles, blog posts, and online collaborations). Second, a regime of exclusive rights is giving way to a regime of open access. Third, intermediaries (law school editorial boards, peer-reviewed journals) are being supplemented by disintermediated forms (papers on the Internet, blogs). Blogs and internet conversations between academics are expanding interdisciplinary legal scholarship and increasing the avenues of communication among legal scholars, practitioners and a wide array of interested laypersons worldwid

Predicting Behavior?

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Wired News: Tapping Brains for Future Crimes

A team of neuroscientists announced a scientific breakthrough last week in the use of brain scans to discover what's on someone's mind.

Researchers from the Max Planck Institute for Human Cognitive and Brain Sciences, along with scientists from London and Tokyo, asked subjects to secretly decide in advance whether to add or subtract two numbers they would later be shown. Using computer algorithms and functional magnetic resonance imaging, or fMRI, the scientists were able to determine with 70 percent accuracy what the participants' intentions were, even before they were shown the numbers.

The study used "multivariate pattern recognition" to identify oxygen flow in the brain that occurs in association with specific thoughts. The researchers trained a computer to recognize these flow patterns and to extrapolate from what it had learned to accurately read intentions.

The finding raises issues about the application of such tools for screening suspected terrorists -- as well as for predicting future dangerousness more generally. Are we closer than ever to the crime-prediction technology of Minority Report?