Abstract

http://ssrn.com/abstract=2001085
 
 

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Law and Neuroscience in the United States


Owen D. Jones


Vanderbilt University - Law School & Dept. of Biological Sciences

Francis X. Shen


University of Minnesota Law School

October 15, 2011

INTERNATIONAL NEUROLAW: A COMPARATIVE ANALYSIS, p. 349, T.M. Spranger, ed., Springer-Verlag, 2012
Vanderbilt Public Law Research Paper No. 1-5

Abstract:     
Neuroscientific evidence is increasingly reaching United States courtrooms in a number of legal contexts. And the emerging field of Law and Neuroscience is being built on a foundation that joins: a) rapidly developing technologies and techniques of neuroscience; b) quickly expanding legal scholarship on the implications of neuroscience; and c) neuroscientific research designed specifically to explore legally relevant topics.

Despite the sharply increasing interest in neuroscientific evidence, it remains unclear how the legal system – at the courtroom, regulatory, and policy levels – will resolve the many challenges that new neuroscience applications raise.

This chapter – part of an edited volume surveying neurolaw in 18 countries – provides an overview of notable neurolaw developments in the United States through 2011. The chapter proceeds in six parts. Section 1 introduces the development of law and neuroscience in the U.S. Section 2 then considers several of the evidentiary contexts in which neuroscientific evidence has been, and likely will be, introduced. Sections 3 and 4 discuss the implications of neuroscience for the criminal and civil systems, respectively. Section 5 reviews three special topics: lie detection, memory, and legal decision making. Section 6 concludes with brief thoughts about the future of law and neuroscience in the United States.

Number of Pages in PDF File: 32

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Date posted: February 13, 2012 ; Last revised: September 1, 2012

Suggested Citation

Jones, Owen D. and Shen, Francis X., Law and Neuroscience in the United States (October 15, 2011). INTERNATIONAL NEUROLAW: A COMPARATIVE ANALYSIS, p. 349, T.M. Spranger, ed., Springer-Verlag, 2012; Vanderbilt Public Law Research Paper No. 1-5. Available at SSRN: http://ssrn.com/abstract=2001085

Contact Information

Owen D. Jones (Contact Author)
Vanderbilt University - Law School & Dept. of Biological Sciences ( email )
131 21st Avenue South
Nashville, TN 37203-1181
United States
Francis X. Shen
University of Minnesota Law School ( email )
Minneapolis, MN
United States
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