Consumer Privacy in a Behavioral World

Ignacio N. Cofone & Adriana Z. Robertson Volume 69, Issue 6, 1471-1508 On March 28, 2017, Congress killed the FCC’s attempt to protect consumer privacy on the internet and allowed ISPs to continue to track their users’ online behavior. We evaluate the impact of...

“Innocence” and the Guilty Mind

Stephen F. Smith Volume 69, Issue 6, 1609-1672 For decades, the “guilty mind” requirement in federal criminal law has been understood as precluding punishment for “morally blameless” (or “innocent”) conduct, thereby ensuring that only offenders with adequate notice of...