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Full-Text Articles in Law

Neuroscientific Evidence In The Law: Fascinating Science, But To Laymen It's Still Phrenology, John M. Mccarthy Sep 2008

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: …


Brain, Gender, Law: A Cautionary Tale, Carlin Meyer Jan 2008

Brain, Gender, Law: A Cautionary Tale, Carlin Meyer

NYLS Law Review

No abstract provided.


The Impact Of Neuroscience On Health Law, Stacey A. Tovino Jan 2008

The Impact Of Neuroscience On Health Law, Stacey A. Tovino

Scholarly Works

Advances in neuroscience have implications for criminal law as well as civil and regulatory law, including health, disability, and benefit law. The role of the behavioral and brain sciences in health insurance claims, the mental health parity debate, and disability proceedings is examined.