Law Commons^™

Trespass And Deception, Laurent Sacharoff

Laurent Sacharoff

Deception In Morality And Law, Larry Alexander, Emily Sherwin

Emily L Sherwin

No abstract provided.

Regulating The Placebo Effect In Clinical Practice, Tracey Chan

Tracey E Chan

Recent research and ethical analysis have forced a clinical and ethical reappraisal of the utility of placebos in medical practice. The main concern of ethics and law is that using placebos in health care involves deception, which is antithetical to patient autonomy and trust in the physician-patient relationship. This paper reviews the various, more nuanced scientific conceptions of the placebo effect, and evaluates the ethical and legal objections to deploying placebos in clinical practice. It argues that the placebo effect may be legitimately accommodated on the basis that it does not engage the requirement for material or quasi-fiduciary disclosures of …

Uprooting The Cell-Plant: Comparing United States And Canadian Constitutional Approaches To Surreptitious Interrogations In The Detention Context, Amar Khoday

Dr. Amar Khoday

No abstract provided.

Using Brain Imaging For Lie Detection: Where Science, Law, And Policy Collide, Daniel D. Langleben, Jane Campbell Moriarty

Jane Campbell Moriarty

Progress in the use of functional magnetic resonance imaging (fMRI) of the brain to differentiate lying from truth-telling has created an expectation of a breakthrough in the search for objective methods of lie detection. In the last few years, litigants have attempted to introduce fMRI-based lie detection evidence in courts. Both the science and its possible use as courtroom evidence have spawned much scholarly discussion. This article contributes to the interdisciplinary debate by identifying the missing pieces of the scientific puzzle that need to be completed if fMRI-based lie detection is to meet the standards of either legal reliability or …

“Hands Off”: Sex, Feminism, Affirmative Consent, And The Law Of Foreplay, Dan Subotnik

Dan Subotnik

No abstract provided.

Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce A. Green, Jane Moriarty

Jane Campbell Moriarty

State courts’ approach to lawyer admissions and discipline has not changed fundamentally in the past century. Courts still place faith in the idea that “moral character” is a stable trait that reliably predicts whether an individual will be honest in any given situation. Although research in neuroscience, cognitive science, psychiatry, research psychology, and behavioral economics (collectively “cognitive and social science”) has influenced prevailing concepts of personality and trustworthiness, courts to date have not considered whether they might change or refine their approach to “moral character” in light of scientific insights. This Article examines whether courts should reevaluate how they decide …