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Toward A Neuroscience Model Of Tort Law: How Functional Neuroimaging Will Transform Tort Doctrine, Jean Eggen, Eric Laury
Toward A Neuroscience Model Of Tort Law: How Functional Neuroimaging Will Transform Tort Doctrine, Jean Eggen, Eric Laury
Jean M. Eggen
The “neuroscience revolution” has now gained the attention of legal thinkers and is poised to be the catalyst for significant changes in the law. Over the past several decades, research in functional neuroimaging has sought to explain a vast array of human thought processes and behaviors, and the law has taken notice. Although functional neuroimaging is not yet close to being a staple in the courtroom, the information acquired from these studies has been featured in a handful of cases, including a few before the United States Supreme Court. Our assertion involves the incorporation of functional neuroscience evidence in tort …
Close Test Scores And Epigenetics In Atkins Cases, Robert M. Sanger
Close Test Scores And Epigenetics In Atkins Cases, Robert M. Sanger
Robert M. Sanger
In the Atkins case, the United States Supreme Court held that it was unconstitutional to execute a person who was intellectually disabled (mentally retarded). An IQ score is evidence that can be considered in making the determination of whether a particular individual is intellectually disabled. Certain prosecution experts seek to add points to the scores of African Americans as a form of "ethnic adjustment" making those individuals more susceptible to being put to death. This article examines the molecular biology issues that may have an effect on whether such points should properly be added.