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Three Regulatory Models For Stem Cell Research, O. Carter Snead Aug 2016

Three Regulatory Models For Stem Cell Research, O. Carter Snead

O. Carter Snead

On Monday, May 30, Notre Dame Center for Ethics and Culture Director and Professor of Law Carter Snead will deliver the inaugural University of Florence “Law and Justice Lecture” in Florence, Italy. Snead’s inaugural lecture, entitled “Three Regulatory Models for Stem Cell Research,” will analyze and contrast the US Government’s federal funding policies under Presidents Bill Clinton, George W. Bush, and Barack Obama as a means of exploring the complexities of American governance of science, medicine, and biotechnology in the name of ethical goods. Read the news release.


Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead Aug 2016

Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead

O. Carter Snead

The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capital sentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over …


Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of Petitioners, O. Carter Snead, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael` Stokes Paulsen`, Rodney K. Smith, Steven D. Smith Aug 2016

Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of Petitioners, O. Carter Snead, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael` Stokes Paulsen`, Rodney K. Smith, Steven D. Smith

O. Carter Snead

Suppose a federal law required government officials to enter a Catholic church and use church property to distribute contraceptives and abortifacients over church’s objection. Such a law would surely burden the church’s religion, even if the government paid for the objectionable medications and compensated the church for the use of its resources. By commandeering church property, such a law would force the church to be complicit in activity to which it has serious religious objections


Memory And Punishment, O. Carter Snead Aug 2016

Memory And Punishment, O. Carter Snead

O. Carter Snead

This article is the first scholarly exploration of the implications of neurobiological memory modification for criminal law. Its point of entry is the fertile context of criminal punishment, in which memory plays a crucial role. Specifically, this article will argue that there is a deep relationship between memory and the foundational principles justifying how punishment should be distributed, including retributive justice, deterrence, incapacitation, rehabilitation, moral education, and restorative justice. For all such theoretical justifications, the questions of who and how much to punish are inextricably intertwined with how a crime is remembered - by the offender, by the sentencing authority, …


Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead Aug 2016

Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead

O. Carter Snead

Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decision making. It has captured the attention of officials in every branch of government, as well as the American public itself. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decision making) continue to roil the public square. This Article examines the question of how scientific methods and …


The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States, O. Carter Snead Aug 2016

The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States, O. Carter Snead

O. Carter Snead

The enormous significance of the Bush stem cell funding policy has been evident since its inception. The announcement of the policy on August 9, 2001 marked the first time a U.S. president had ever taken up a matter of bioethical import as the sole subject of a major national policy address. Indeed, the August 9th speech was the President's first nationally televised policy address of any kind. Since then, the policy has been a constant focus of attention and discussion by political commentators, the print and broadcast media, advocacy organizations, scientists, elected officials, and candidates for all levels of office …