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Articles 1 - 20 of 20
Full-Text Articles in Entire DC Network
The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser
The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser
Harvey L. Fiser
Coming to a hospital near you, the medically enhanced doctor - a doctor who thinks faster, is better with short and long term memory, is calmer during surgery, can work double shifts with little cognitive fatigue, and one day may have the memories of years of experience without actually having had them. With the expanded use of cognitive enhancing pharmaceuticals such as Adderall, Provigil, and more on the way, we are already seeing changes in education and the corporate world. From reaching a “normal” status for a person with an ADHD diagnosis to creating the “supernormal” employee with cognitive enhancers, …
The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser
The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser
Harvey L. Fiser
No abstract provided.
Senile Dementia From Neuroscientific And Islamic Perspectives, Mohd Amzari Tumiran
Senile Dementia From Neuroscientific And Islamic Perspectives, Mohd Amzari Tumiran
Mohd Amzari Tumiran
Diseases involving the nervous system drastically change lives of victims and commonly increase dependency on others. This paper focuses on Senile Dementia (SD) from both the neuroscientific and Islamic perspectives, with special emphasis on the integration of ideas between the two different disciplines. This would enable effective implementation of strategies to address issues involving this disease across different cultures, especially among the world-wide Muslim communities. In addition, certain incongruence ideas on similar issues can be understood better. The former perspective is molded according to conventional modern science while the latter on the analysis of various texts including the holy Qur’an, …
Rationality, Insanity, And The Insanity Defense: Reflections On The Limits Of Reason, Theodore Y. Blumoff
Rationality, Insanity, And The Insanity Defense: Reflections On The Limits Of Reason, Theodore Y. Blumoff
Theodore Y. Blumoff
Individuals who suffer from chronic paranoid ideations live with deeply embedded conspiratorial delusions that are sometimes accompanied by unwanted visual and/or auditory stimuli, sometime neither: just psychotic delusions in which they feel as if they have lost control of their lives – and of course they have, albeit not from the performances of foreign forces. When those perceived forces persevere for even a fairly short period of time, they can dictate the performance of evil deeds that the individual ultimately feels helpless to oppose. What observations and findings from neuroscience make clear is that such individuals do not lack knowledge, …
Attitudes Toward Animal Research: Revisiting Gallup And Beckstead (1988), Mitchell M. Metzger
Attitudes Toward Animal Research: Revisiting Gallup And Beckstead (1988), Mitchell M. Metzger
Mitchell Metzger, PhD
No abstract provided.
Copyright, Neuroscience, And Creativity, Erez Reuveni
Copyright, Neuroscience, And Creativity, Erez Reuveni
Erez Reuveni
It is said that copyright law’s primary purpose is to encourage creativity by providing economic incentives to create. Accepting this premise, the primary disagreement among copyright stakeholders today concerns to what extent strong copyrights in fact provide efficient economic incentives. This focus on economic incentives obscures what is perhaps copyright doctrine’s greatest weakness—although the primary purpose of copyright law is to encourage creativity, copyright doctrine lacks even a rudimentary understanding of how creativity functions on a neurobiological level. The absence of a cohesive understanding of the science of creativity means that much of copyright theory is premised on antiquated assumptions …
Defenseless Self-Defense: An Essay On Goldberg And Zipursky's Civil Recourse Defended, Alan Calnan
Defenseless Self-Defense: An Essay On Goldberg And Zipursky's Civil Recourse Defended, Alan Calnan
Alan Calnan
In a recent symposium published by the Indiana Law Journal, Professors John C.P. Goldberg and Benjamin C. Zipursky offer a spirited defense of their theory of civil recourse, which sees the tort system exclusively as a means of empowering victims of wrongs. This essay assails that defense, finding it curiously defenseless in three related respects. First, civil recourse’s key tenets are particularly vulnerable to criticism because they are quietly reductive, inscrutably vague, and highly unstable. Second, even in its most coherent form, civil recourse theory literally lacks any meaningful explanation of the defensive rights at play within the tort system. …
Quality Is Becoming More About Taste And Less About Cost: Eeg And Survey Study On Consumer Behavior, Charnetta Brown, Adriane Randolph, Janee Burkhalter
Quality Is Becoming More About Taste And Less About Cost: Eeg And Survey Study On Consumer Behavior, Charnetta Brown, Adriane Randolph, Janee Burkhalter
Charnetta Brown
No abstract provided.
The Widening Maturity Gap: Trying Juveniles As Adults In An Era Of Extended Adolescence, David Pimentel
The Widening Maturity Gap: Trying Juveniles As Adults In An Era Of Extended Adolescence, David Pimentel
David Pimentel
Cultural shifts and evolving parenting norms have dramatically changed society’s perception and expectations of adolescence and young adulthood. Intensive, highly-protective parenting is now the norm, with parents playing a larger role in late-teens’ and young adults’ lives than ever before. Even the young adults do not perceive themselves to be fully grown-up yet, and do not expect to be fully responsible for themselves, until well into their mid-twenties. Consistent with this, neuroscientists are finding that the relevant brain development is not complete before the age of twenty-five, so it may be unreasonable to expect a late teen to behave like …
Breakthrough Science And The New Rehabilitation, Meghan J. Ryan
Breakthrough Science And The New Rehabilitation, Meghan J. Ryan
Meghan J. Ryan
Breakthroughs in pharmacology, genetics, and neuroscience are transforming how society views criminals and thus how society should respond to criminal behavior. Although the criminal law has long been based on notions of culpability, science is undercutting the assumption that offenders are actually responsible for their criminal actions. Further, scientific advances have suggested that criminals can be changed at the biochemical level. The public has become well aware of these advances largely due to pervasive media reporting on these issues and also as a result of the pharmaceutical industry’s incessant advertising of products designed to transform individuals by treating everything from …
Feeling At Home: Law, Cognitive Science, And Narrative, Lea B. Vaughn
Feeling At Home: Law, Cognitive Science, And Narrative, Lea B. Vaughn
Lea B Vaughn
What is the “how and why” of law’s affinity for narrative? In order to explain why the use of stories is such an effective teaching and presentation strategy in the law, this paper will consider theories and accounts from cognitive as well as evolutionary psychology, neuroscience, and, briefly, cultural anthropology. This account seeks to address “how” narrative helps us learn and use the law as well as “why” we are so compelled to use stories in teaching and in practice.
Brain science, simplified here, suggests that the first task is to “grab” someone’s attention. Emotionally charged events are more likely …
Psychopathy And Culpability: How Responsible Is The Psychopath For Criminal Wrongdoing?, Reid G. Fontaine Jd, Phd
Psychopathy And Culpability: How Responsible Is The Psychopath For Criminal Wrongdoing?, Reid G. Fontaine Jd, Phd
Reid G. Fontaine
Recent research into the psychological and neurobiological underpinnings of psychopathy has raised the question of whether, or to what degree, psychopaths should be considered morally and criminally responsible for their actions. In this article we review the current empirical literature on psychopathy, focusing particularly on deficits in moral reasoning, and consider several potential conclusions that could be drawn based on this evidence. Our analysis of the empirical evidence on psychopathy suggests that while psychopaths do not meet the criteria for full criminal responsibility, they nonetheless retain some criminal responsibility. We conclude, by introducing the notion of rights as correlative, that …
Deepening The Discourse Using The Legal Mind’S Eye: Lessons From Neuroscience And Psychology That Optimize Law School Learning, Hillary Burgess
Deepening The Discourse Using The Legal Mind’S Eye: Lessons From Neuroscience And Psychology That Optimize Law School Learning, Hillary Burgess
Hillary Burgess
Research demonstrates that incorporating visual aids and exercises into learning environments improves learning with higher-order cognitive skills such as “thinking like a lawyer.” This article argues that because law school learning focuses on the highest order cognitive skills, professors optimize the learning environment by including visual aids and visual exercises.
This article begins by defining what higher order cognitive skills are by mapping common law school learning tasks onto a leading taxonomy of learning objectives. This article argues that the legal curriculum engages all six levels of learning by traditionally teaching the lowest four levels of learning and by traditionally …
The Brain Sciences And Criminal Law Norms, Theodore Y. Blumoff
The Brain Sciences And Criminal Law Norms, Theodore Y. Blumoff
Theodore Y. Blumoff
Although neuroscience and the tools of brain imaging are sufficiently well developed to evidence our neurobiology at a level of detail unimaginable until even decade ago (roughly the size of a grain of rice), they are not yet sufficiently developed to be consistently useful in the guilt phase of most criminal trials. Given the advances in imaging and behavioral genetics, however, neuroscience is sufficiently mature today to effect some global procedural and substantive changes in our criminal law jurisprudence – e.g., definitions of, and burdens of proof on the issue of competency. In this work, I survey many of the …
The Neuropsychology Of Justifications And Excuses: Some Problematic Cases Of Self-Defense, Duress And Provocation, Theodore Y. Blumoff
The Neuropsychology Of Justifications And Excuses: Some Problematic Cases Of Self-Defense, Duress And Provocation, Theodore Y. Blumoff
Theodore Y. Blumoff
In a famous address to the Aristotelian Society, Professor J. L. Austin provided dictum that has become a part of the conventional wisdom in the jurisprudence of our criminal law. His thesis simultaneously acknowledges the evident moral distinction between justifications and excuses, on the one hand, and the tendency, on the other, for the two doctrines to overlap and confound. From the perspectives of moral philosophy and jurisprudence, the distinction is clear. Justifications are socially approved (or, at least, not disapproved); excuses are not approved, but they obtain because the actor’s conduct reflects a substantial (and therefore judicially acknowledged) cognitive …
Neuroscientific Evidence In The Law: Fascinating Science, But To Laymen It's Still Phrenology, John M. Mccarthy
Neuroscientific Evidence In The Law: Fascinating Science, But To Laymen It's Still Phrenology, John M. Mccarthy
John M McCarthy
ABSTRACT
Neuroscientific Evidence in the Law: Fascinating Science, But to Laymen It's Still Phrenology by John M. McCarthy J.D. Yale, 1977
Cognitive neuroscience is one of biology's most exciting specialties, but outside of laboratories, "neuroscience" is not "science" but something else. The article examines what it is. This bears on today's burgeoning "neuro-" applications in the law, including "neuroethics". The article argues that neuroscientific findings should be excluded today from legal contexts, because valid scientific findings do not exist concerning the complex mental performances pertinent to adjudication.
Laymen and neuroscientists embrace a theoretical paradigm that is over two centuries old: …
Neuroscientific Evidence In The Law: Fascinating Science But To Layment It's Still Phrenology (Revised, 2009), John M. Mccarthy
Neuroscientific Evidence In The Law: Fascinating Science But To Layment It's Still Phrenology (Revised, 2009), John M. Mccarthy
John M McCarthy
ABSTRACT
Neuroscientific Evidence in the Law:
Fascinating Science, but to laymen it's still phrenology
by
John M. McCarthy
Cognitive neuroscience is one of biology's most exciting specialties, but outside of laboratories, "neuroscience" is not "science" but something else. The article examines what it is. This bears on today's burgeoning "neuro-" applications in the law, including "neuroethics". The article argues that neuroscientific findings should be excluded today from legal contexts, because valid scientific findings do not exist concerning the complex mental performances pertinent to adjudication.
Laymen and neuroscientists embrace a theoretical paradigm that is over two centuries old: that a biological …
Legal Storytelling: The Theory And The Practice - Reflective Writing Across The Curriculum, Nancy Levit
Legal Storytelling: The Theory And The Practice - Reflective Writing Across The Curriculum, Nancy Levit
Nancy Levit
This article concentrates on the theory of narrative or storytelling and addresses the reasons it is vital to encourage in law schools in non-clinical or primarily doctrinal courses. Section I traces the advent of storytelling in legal theory and practice: while lawyers have long recognized that part of their job is to tell their clients' stories, the legal academy was, for many years, resistant to narrative methodologies. Section II examines the current applications of Writing Across the Curriculum in law schools. Most exploratory writing tasks in law school come in clinical courses, although a few adventurous professors are adding reflective …
Neuroscientific Evidence In The Law: Fascinating Science, But To Laymen It's Still Phrenology, John M. Mccarthy
Neuroscientific Evidence In The Law: Fascinating Science, But To Laymen It's Still Phrenology, John M. Mccarthy
John M McCarthy
ABSTRACT
Neuroscientific Evidence in the Law: Fascinating Science, But to Laymen It's Still Phrenology by John M. McCarthy J.D. Yale, 1977
Cognitive neuroscience is one of biology's most exciting specialties, but outside of laboratories, "neuroscience" is not "science" but something else. The article examines what it is. This bears on today's burgeoning "neuro-" applications in the law, including "neuroethics". The article argues that neuroscientific findings should be excluded today from legal contexts, because valid scientific findings do not exist concerning the complex mental performances pertinent to adjudication.
Laymen and neuroscientists embrace a theoretical paradigm that is over two centuries old: …
Mind And Body: Psychology And Neuroscience, Morton A. Heller
Mind And Body: Psychology And Neuroscience, Morton A. Heller
Morton A. Heller
No abstract provided.