Jonathan Weinberg joined the Wayne Law faculty in 1988, and was named associate dean for research and faculty development in 2018.
He has been a law clerk to U.S. Supreme Court Justice Thurgood Marshall and then-Judge Ruth Bader Ginsburg; a visiting scholar at the University of Tokyo's Institute of Journalism and Communication Studies; a law firm associate in Washington, D.C; a professor in residence at the U.S. Justice Department; a legal scholar in residence at the Federal Communications Commission; and a visiting scholar at Cardozo Law School. He chaired a working group created by ICANN (the Internet Corporation for Assigned Names and Numbers, an international body that administers the Internet domain name system) to develop recommendations on the creation of new Internet top level domains.
Weinberg has published articles on a wide-ranging set of topics including privacy, internet law, immigration and citizenship law, the first amendment, communications law and administrative law.
Degrees and Certifications
J.D., Columbia Law School
A.B., Harvard University
“Know everything that can be known about everybody”: The birth of the credit report, 63 Villanova L. Rev. 431 (2018)
DIGITAL ID: IDENTITY AND PRIVACY IN A DIGITAL WORLD (draft in progress; under contract to Cambridge University Press)
Proving Identity, 44 PEPPERDINE L. REV. 731 (2017)
Bureaucracy as Violence, 115 MICH. L. REV. 1097 (2017)
On Commercial – and Corporate – Speech, 99 MARQ. L. REV. 559 (2016)
Biometric Identity, 59 COMMS. OF THE ACM #1 (January 2016), at 30
Demanding Identity Papers, 55 WASHBURN L.J.197 (2015-16)
The Right to be Taken Seriously, 67 U. MIAMI L. REV. 149 (2012)
Non-State Actors and Global Informal Governance: The Case of ICANN, in INTERNATIONAL HANDBOOK ON INFORMAL GOVERNANCE (Thomas Christiansen & Christine Neuhold eds. 2012)
Hard to BELIEVE: The High Cost of a Biometric ID Card (February 2012) (with A. Michael Froomkin), a Chief Justice Earl Warren Institute on Law and Social Policy Research Brief
Governments, privatization and 'privatization': ICANN and the GAC, 18 MICH. TELECOM. & TECH. L. REV. 189 (2011)
The End of Citizenship?, 107 MICH. L. REV. 931 (2009)
Tracking RFID, 3 ISJLP 777 (2007-08)
RFID and Privacy, in SECURING PRIVACY IN THE INTERNET AGE (Anupam Chander, Lauren Gelman, & Margaret Jane Radin eds. 2008)
RFID, Privacy, and Regulation, in RFID: APPLICATIONS, SECURITY, & PRIVACY (Simson Garfinkel & Beth Rosenberg eds. 2006)
Site Finder and Internet Governance, 1 U. OTTAWA L. & TECH. J. 345 (2004)
ICANN, “Internet Stability,” and New Top Level Domains, in COMMUNICATIONS POLICY AND INFORMATION TECHNOLOGY: PROMISES, PROBLEMS, PROSPECTS 3 (Lorrie Cranor & Shane Greenstein eds., MIT Press 2002)
Digital TV, Copy Control, and Public Policy, 19 CARDOZO ARTS & ENT. L.J. 277 (2002)
Geeks and Greeks, 3 INFO 313 (2001)
ICANN and the Problem of Legitimacy, 50 DUKE L. J. 187 (2000)
US Media Law Update, 5 MEDIA & ARTS L. REV. [AUSTRALIA] 271 (2000)
Hardware-Based ID, Rights Management, and Trusted Systems, 52 STAN. L. REV. 1251 (2000)
A shortened and revised version of this article was published in THE COMMODIFICATION OF INFORMATION 343 (Niva Elkin-Koren & Neil Netanel eds., 2002).
Internet Governance (in Japanese; Itsuko Yamaguchi trans.), in CYBERSPACE LAW (Makoto Ibusuki ed.; Nihon Hyoron Sha, Tokyo 2000).
Broadcasting and Related Media, in ENCYCLOPEDIA OF THE AMERICAN CONSTITUTION (Leonard W. Levy et al., eds.) (2d ed. 2000)
The Internet and “Telecommunications Services,” Universal Service Mechanisms, Access Charges and Other Flotsam of the Regulatory System, 16 YALE J. ON REG. 211 (1999).
This article has also been published as Internet Telephony Regulation in INTERNET TELEPHONY (Lee McKnight et al. eds. 2001); an earlier version appears in COMPETITION, REGULATION AND CONVERGENCE: CURRENT TRENDS IN TELECOMMUNICATIONS POLICY RESEARCH 297 (Sharon Gillett and Ingo Volgelsang, eds. 1999).
US Media Law Update, 4 MEDIA & ARTS L. REV. [AUSTRALIA] 199 (1999)
Technology, Free Expression and the Law, UPDATE ON LAW-RELATED EDUCATION, Fall 1998, at 6
New Media and Old Debates (review of RATIONALES & RATIONALIZATIONS: REGULATING THE ELECTRONIC MEDIA (Robert Corn-Revere ed. 1997)), Jurist Books-on-Law (July 1998)
Rating the Net, 19 HASTINGS COMM/ENT L.J. 455 (1997).
This article has also been published in THE V-CHIP DEBATE: LABELING AND RATING CONTENT FROM TELEVISION TO THE INTERNET 221 (Monroe E. Price ed. 1998); an earlier version appears in INTERCONNECTION AND THE INTERNET 225 (Gregory L. Rosston & David Waterman eds. 1997).
Cable TV, Indecency and the Court, 21 COLUM.-VLA J.L. & ARTS 95 (1997)
The Telecommunications Act of 1996 and U.S. Media Ownership, in 1996 YEARBOOK OF MEDIA AND ENTERTAINMENT LAW 99 (Eric M. Barendt et al. eds.) (with Monroe Price)
United States, in MEDIA OWNERSHIP AND CONTROL IN THE AGE OF CONVERGENCE 265 (Int'l Inst. of Communications 1996) (with Monroe Price)
Vagueness and Indecency, 3 VILL. SPORTS & ENT. L. J. 221 (1996)
Broadcasting and Speech, 81 CALIF. L. REV. 1101 (1993)
This article has been reprinted in FREE SPEECH IN THE NEW MEDIA (Thomas Gibbons ed. 2009); FIRST AMENDMENT LAW HANDBOOK, 1994-95 EDITION 177 (James L. Swanson ed. 1994), and (without footnotes) as Hoso to Genron, in HOSOSEIDORON NO PARADAIMU [PARADIGMS OF THE BROADCASTING SYSTEM] 79 (Junichi Hamada ed. & Itsuko Yamaguchi trans., University of Tokyo 1994).
Broadcasting and the Administrative Process in Japan and the United States, 39 BUFFALO L. REV. 615 (1991)
A substantial portion of this article appears in MICHAEL H. BOTEIN, REGULATION OF THE ELECTRONIC MASS MEDIA: LAW AND POLICY FOR RADIO, TELEVISION, CABLE AND THE NEW VIDEO TECHNOLOGIES 585-97 (3d ed. 1998).
Thurgood Marshall and the Administrative State, 38 WAYNE L. REV. 115 (1991)
Limiting Access to the Broadcast Marketplace, 44 BULL. OF [UNIV. OF TOKYO] INST. OF JOURNALISM & COMM. STUD. 2 (1991)
Questioning Broadcast Regulation, 86 MICH. L. REV. 1269 (1988)
Amerika Gasshukoku ni Okeru Yusen Terebijon to Chosakuken [Cable Television and Copyright in the United States], 15 CHOSAKUKEN KENKYU 23 (1988)
Note, Constitutional Protection of Commercial Speech, 82 COLUM. L. REV. 720 (1982)
Social Science Research Network
View SSRN Profile
REVISION: The Travel Ban – What You Need to Know
August 1, 2019This short paper, written before the Supreme Court’s decision in Trump v. Hawaii, summarized the background of that case and the legal claims before the Court. The paper predicted that the Court would not likely accept plaintiffs’ religious-discrimination claim or their claim that the President exceeded his authority under 8 U.S.C. § 1182(f), but it held out hope for their argument that the entry ban violated 8 U.S.C. § 1152(a)(1)(a). In the end, a majority of the Justices rejected all three.
REVISION: Bureaucracy as Violence
August 10, 2018This review essay addresses David Graeber’s book The Utopia of Rules: On Technology, Stupidity, and the Secret Joys of Bureaucracy. The book has a variety of fun things to say about public law, and one of them is important. While Graeber’s arguments are vulnerable to challenge, lawyers can learn by engaging with them.
REVISION: The Travel Ban – What You Need to Know
August 9, 2018This short paper, written before the Supreme Court’s decision in Trump v. Hawaii, summarized the background of that case and the legal claims before the Court. The paper predicted that the Court would not likely accept plaintiffs’ religious-discrimination claim or their claim that the President exceeded his authority under 8 U.S.C. § 1182(f), but it held out hope for their argument that the entry ban violated 8 U.S.C. § 1152(a)(1)(a). In the end, a majority of the Justices rejected all three.
REVISION: ICANN, 'Internet Stability,' and New Top Level Domains
August 6, 2018This paper tells the story of ICANN’s groundbreaking authorization of seven new Internet top-level domains in 2000 – the first addition of non-country-code domains to the root zone since the Internet’s early days, and foreshadowing ICANN’s addition of more than a thousand new domains beginning in 2013. ICANN’s selection process in 2000 was badly dysfunctional, and its statements appeared to treat subjectivity and arbitrariness as desirable (or, in any event, appropriate) features of its process. The paper marvels at that spectacle, and tries to put it in larger context.
REVISION: 'Know Everything that Can Be Known About Everybody': The Birth of the Credit Report
August 3, 2018A remarkable amount of our personal information is in the hands of corporations such as the Experian credit bureau; strangers to us, they make their money by collecting our data, processing it and selling it to others. Other firms make decisions shaping our lives on the basis of credit ratings the credit bureaus assign to us. Those companies have profound impact on our lives, but we are not their customers and have no control over them. Most of us assume that this state of being, in which we find ourselves at the mercy of firms whose business is to process and sell our information, is a new thing – a product of the Information Age, credit cards, and mainframe computers. In fact, it's much older than that. The story of the 21st-century credit bureau echoes that of the first credit bureau, initially known as the Mercantile Agency, founded before the Civil War. In a world in which such things were unknown, the Mercantile Agency sought to establish and maintain a file on every American ...
- REVISION: The Travel Ban – What You Need to Know
- Jonathan Weinbergparticipated in an Interfaith Roundtable organized by Representative Brenda Lawrence to discuss President Trump's executive order imposing refugee and travel bans.
- Jonathan Weinbergwas a panelist at a town hall discussion about the rights of immigrants in the United States and the Metro Detroit region. The town hall was hosted by Representative Brenda Lawrence.
- Jonathan Weinbergwas a panelist for a program at the University of Windsor called "Trump: Control or Chaos?"
- Jonathan Weinberggave a presentation on “Immigration Law: Where it Came From, Where it’s Going” at the Rochester Hills Public Library.
- Jonathan Weinberg moderated a panel discussion on “Surveillance at the Border” at A More Human Dwelling Place: Reimagining the Racialized Architecture of America conference at the University of Michigan.
- Jonathan Weinberg was a panelist at the “Data Explosion: Societal Benefits and Risks” symposium hosted by Wayne State University. This event was one of a six-part symposia series in honor of WSU’s Sesquicentennial Celebration. He discussed privacy and legality in the digital age.
- Jonathan Weinberg was named Wayne State University Law School's inaugural associate dean for research and faculty development. Read the full announcement here.