August 27, 2012
This message brings news about: A) Neurolaw Media & News Clippings; B) Recent or Forthcoming Neurolaw Publications (numbering 29); C) Conferences & Speakers; D) Employment Opportunities; E) Educational Opportunities; and F) Other Developments.
A. Neurolaw Media & News Clippings
1. "Debate on brain scans as lie detectors highlighted in Maryland murder trial": During the ongoing Maryland murder case State v. Gary Smith, Prosecutor John Maloney reached out to top neuroscientists to shed light on the reliability of introducing fMRI brain scans as evidence of the defendant's truthfulness. Among those contacted by the prosecution were Hank Greely, Liz Phelps, and MacArthur Foundation Research Network on Law and Neuroscience member, Anthony Wagner. The Washington Post outlines the debate in this article: http://www.washingtonpost.com/local/crime/debate-on-brain-scans-as-lie-detectors-highlighted-in-maryland-murder-trial/2012/08/26/aba3d7d8-ed84-11e1-9ddc-340d5efb1e9c_story.html?hpid=z4
2. Study of Judges Finds Evidence From Brain Scans Led to Lighter Sentences: The New York Times covered the publication of a recently-published article by Lisa G. Aspinwall, Teneille R. Brown, and James Tabery entitled "The Double-Edged Sword: Does Biomechanism Increase or Decrease Judges' Sentencing of Psychopaths?" To read the Times piece, visit: http://www.nytimes.com/2012/08/17/science/brain-evidence-sways-sentencing-in-study-of-judges.html?_r=1&pagewanted=all
To read the Science publication, visit: http://www.sciencemag.org/content/337/6096/846.abstract?sid=b9705b80-5cdc-43c4-a5e4-1be1bf0debce
3. Supreme Court Cites Science in Limiting Punishments for Juveniles – Newsmaker Interview: Larry Steinberg, member of the MacArthur Foundation Research Network on Law and Neuroscience, and distinguished university professor of psychology at Temple University, was interviewed by Science. To read the interview, visit: http://www.sciencemag.org/content/337/6090/25.full?sid=ed205720-5d20-49e7-8d30-4af014a2c1cf
4. Delayed Development: 20-Somethings Blame the Brain: On Monday, August 20, 2012, The Wall Street Journal: Health Journal posted this article which explains: "Recent research into how the brain develops suggests that people are better equipped to make major life decisions in their late 20s than earlier in the decade. The brain, once thought to be fully grown after puberty, is still evolving into its adult shape well into a person's third decade, pruning away unused connections and strengthening those that remain, scientists say." To read more, visit: http://online.wsj.com/article/SB10000872396390443713704577601532208760746.html
5. Research Reveals Link between LSAT Prep and Brain Improvement: JD Journal recently posted this article which begins: "Neuroscientists from the University of California at Berkeley have found that the structure of the brain is changed microscopically by intensive prep for the LSAT. The change in the brain actually strengthens the connection in the brain that is responsible for reasoning." To read more, visit: http://www.jdjournal.com/2012/08/23/research-reveals-link-between-lsat-prep-and-brain-improvement/
B. Recent or Forthcoming Neurolaw Publications (with links, where available)
1. Steven Penney, Impulse Control and Criminal Responsibility: Lessons from Neuroscience , International Journal of Law and Psychiatry (forthcoming 2012).
2. Joseph R. Simpson, Neuroimaging in Forensic Psychiatry: From the Clinic to the Courtroom , Wiley-Blackwell (2012).
3. O. Carter Snead, Memory and Punishment , 64 Vand. L. Rev. 1195 (2011).
4. Robin Pierce, Implications of the Biomedical Paradigm for Criminal Responsibility , Working Paper: Delft University of Technology (2012).
5. J.R.H. Law, Cherry-Picking Memories: Why Neuroimaging-Based Lie Detection Requires a New Framework for the Admissibility of Scientific Evidence Under FRE 702 and Daubert , 14 Yale J. L. & Tech. 1 (2011).
6. O. Carter Snead, Cognitive Neuroscience and the Future of Punishment, in Constitution 3.0:: Freedom and Technological Change (Jeffrey Rosen & Benjamin Wittes, eds., Brookings Press, 2011).
7. Jennifer T. Kubota, Mahzarin R. Banaji, Elizabeth A. Phelps, The Neuroscience of Race , 15 Nature Neuroscience 940 (2012).
8. Luca Arnaudo, Cognitive Law: An Introduction , 19 Digest. N.I.A.B.A. Law Journal 1(2011).
9. David Barnhorn, Joey E. Pegram, Speak the Truth and Tell No Lies: An Update for the Employee Polygraph Protection Act , 29 Hofstra Lab. & Emp. L.J. 141 (2011).
10. Deborah W. Denno, Behavioral Genetics Evidence in Criminal Cases: 1994-2007, in The Impact of Behavioral Sciences on Criminal Law (Oxford University Press, Nita A. Farahany, ed., 2009).
11. Steven K. Erickson, Foreword: Mental Health Symposium, 11 Hous. J. Health L. & Pol'y 175 (2012).
12. Mark R. Fondacaro, The Injustice of Retribution: Toward a Multisystemic Risk Management Model of Juvenile Justice , 20 J.L. & Pol'y 145 (2011).
13. Sarah Jane Forman, Countering Criminalization: Toward a Youth Development Approach to School Searches, 14 SCHOLAR 301 (2011).
14. Cynthia Godsoe, Introduction -- Adolescents in Society: Their Evolving Legal Status , 20 J.L. & Pol'y 145 (2011).
15. Daniel S. Goldberg, Against Reductionism in Law & Neuroscience, 11 Hous. J. Health L. & Pol'y 321 (2012).
16. Kristin Henning, Juvenile Justice After Graham v. Florida: Keeping Due Process, Autonomy, and Paternalism in Balance , 38 Wash. U. J.L. & Pol'y 17 (2012).
17. Deborah W. Denno, Courts' Increasing Consideration of Behavioral Genetics Evidence in Criminal Cases: Results of a Longitudinal Study , Mich. St. L. Rev. 967 (2011).
18. Adam Lamparello, Neuroscience and Post-Sentence Civil Commitment: A Response to Professors Erickson and Goldberg, 11 Hous. J. Health L. & Pol'y 347 (2012).
19. Craig S. Lerner, Juvenile Criminal Responsibility: Can Malice Supply the Want of Years?, 86 Tul. L. Rev. 309 (2011).
20. Andrea MacIver, Suicide Causation Experts in Teen Wrongful Death Claims: Will They Assist The Trier of Fact?, 45 J. Marshall L. Rev. 51 (2011).
21. Douglas W. Kmiec, Engaging Human Nature in Support of Judicial Engagement, 19 Geo. Mason L. Rev. 989 (2012).
22. Stephanie A. Kostiuk, After GINA, NINA? Neuroscience-Based Discrimination in the Workplace , 65 Vand. L. Rev. 933 (2012).
23. Martha Farah, Neuroethics: The Ethical, Legal, and Societal Impact of Neuroscience , 63 Annu. Rev. Psychol. 571 (2012).
24. Cindy S. Lederman, From Lab Bench to Court Bench: Using Science to Inform Decisions in Juvenile Court , Cerebrum (2011).
25. Steven K. Erickson, The Limits of Neurolaw , 11 Hous. J. Health L. & Pol'y 303 (2012).
26. Vivian Eulalia Hamilton, Democratic Inclusion, Cognitive Development, and the Age of Electoral Majority , 77 Brooklyn Law Review 4 (2012).
27. Jennifer Rosato, What are the Implications of Roper's Dilemma for Adolescent Health Law?, 20 J.L. & Pol'y 167 (2011).
28. Marsha Levick, Jessica Feierman, Sharon Messenheimer Kelley, Naomi E. S. Goldstein, Kacey Mordecai, The Eighth Amendment Evolves: Defining Cruel and Unusual Punishment Through the Lens of Childhood and Adolescence , 15 U. Pa. J. L. & Soc. Change 285 (2012).
29. Craig A. Stern, The Heart of Mens Rea and the Insanity of Psychopaths , Working Paper (2012).
Note: We welcome suggestions. If you know of articles, by yourself or others, that may be of interest to subscribers to this listserv, please forward them to firstname.lastname@example.org .
C. Conferences & Speaker Series
1. Law and Neuroscience: State of the Art : September 7-8, 2012 hosted by Rutgers School of Law-Camden -- This conference will bring together leading legal scholars to assess the current "State of the art" in law and neuroscience, including: Debra Denno, Adam Kolber, John Mikhail, Michael Moore, Stephen Morse, Thomas Nadelhoffer, Michael Pardo, Frederick Schauer and Nicole Vincent (Macquarie/Delft). Presentations will focus widely on theoretical and practical issues, as well as implications for law and legal theory. For more information, visit http://lawandphil.rutgers.edu/upcoming-events.
2. The Jerusalem International Conference on Neuroplasticity and Cognitive Modifiability : March 10-13, 2013 – "This conference brings together revolutionary developments in two disciplines--cognitive modifiability and the neurosciences. It will offer the opportunity for a worldwide gathering of scientists, practitioners, therapists, and educators who come from different professional perspectives but share common interests to explore and become familiar with the developments in these related fields." For more on this conference, visit: www.brainconvention.net
The Fordham Law School Series on Law and Neuroscience
is part of a seminar available for Fordham Law students to promote further exploration of topics beyond first-year courses. The contributions of leading neuroscientists, psychologists, medical researchers, and lawyers enrich the academic enterprise and enable students to engage in discussion of new research and ideas. For more information about this 2012 Speaker Series, visit: /_resources/pdf/Fordham2012.pdf
D. Employment Opportunities
This new section of Neurolaw News will post, from time to time, news of neurolaw employment opportunities (such as in research labs) as well as news of those seeking such positions.
E. Educational Opportunities
1. Vanderbilt J.D./Ph.D. Program in Law and Neuroscience accepting applications : Individuals interested in pursuing a J.D./Ph.D. in Law and Neuroscience are encouraged to apply to Vanderbilt's joint-degree track, now in its third year. To learn more about Law and Neuroscience at Vanderbilt, visit: http://www.vanderbilt.edu/neurolaw/. To learn more about the J.D./Ph.D. track, visit: http://www.vanderbilt.edu/neurolaw/jdphd.php
F. Other Developments
1. Neuroscience-Net launches new website : Neuroscience-Net, LLC is a newly formed publishing corporation. Visit http://neuroscience.com/ for a variety of neuroscience resources, such as books, journals, online forums, and news and announcements.
2. Nature Editorial Highlights Issue that is Among Projects of MacArthur Research Network : The Nature Editorial, Science Takes The Stand , 487 Nature 5 (05 July 2012), makes reference to work that the MacArthur Foundation Research Network on Law and Neuroscience has been involved with for the past year. The article concludes with: "Translating research from group findings to individuals is a challenge for many areas of society in which science helps to drive decisions: from medicine to environmental protection and in legal matters. Scientists in affected fields should consider this a call to arms." The Research Network outlines its projects here: /research.php, where item #6 describes the project working "to develop legally practical and scientifically valid guidelines for how to draw law-relevant inferences from group-averaged neuroscientific data."
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Owen D. Jones
New York Alumni Chancellor's Chair in Law
Professor of Biological Sciences
Director, MacArthur Foundation Research Network on Law and Neuroscience
131 21st Avenue, South
Nashville, TN 37203-1181