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Full-Text Articles in Law
The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax
The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax
All Faculty Scholarship
A recent body of work in neuroscience examines the brains of people suffering from social and economic disadvantage. This article assesses claims that this research can help generate more effective strategies for addressing these social conditions and their effects. It concludes that the so-called neuroscience of deprivation has no unique practical payoff, and that scientists, journalists, and policy-makers should stop claiming otherwise. Because this research does not, and generally cannot, distinguish between innate versus environmental causes of brain characteristics, it cannot predict whether neurological and behavioral deficits can be addressed by reducing social deprivation. Also, knowledge of brain mechanisms yields …
Concepts Of Law, Mathew D. Mccubbins, Mark Turner
Concepts Of Law, Mathew D. Mccubbins, Mark Turner
Faculty Scholarship
No abstract provided.
Genetics And Criminal Responsibility, Stephen J. Morse
Genetics And Criminal Responsibility, Stephen J. Morse
All Faculty Scholarship
Some believe that genetics threatens privacy and autonomy and will eviscerate the concept of human nature. Despite the astonishing research advances, however, none of these dire predictions and no radical transformation of the law have occurred.
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy
Journal Articles
For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.
This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …
Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley
Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley
All Faculty Scholarship
This book reports empirical studies on 18 different areas of substantive criminal law in which the study results showing ordinary people’s judgments of justice are compared to the governing legal doctrine to highlight points of agreement and disagreement. The book also identifies trends and patterns in agreement and disagreement and discusses the implications for the formulation of criminal law. The chapters include:
Chapter 1. Community Views and the Criminal Law (Introduction; An Overview; Why Community Views Should Matter; Research Methods)
Chapter 2. Doctrines of Criminalization: What Conduct Should Be Criminal? (Objective Requirements of Attempt (Study 1); Creating a Criminal Risk …