Brain Science for Lawyers, Judges, and Policymakers

by Jones, Owen D.; Schall, Jeffrey D.; Shen, Francis X.; Hoffman, Morris B.; Wagner, Anthony D.

• ISBN13: 9780197748855
• ISBN10: 0197748856
• Format: Hardcover
• Copyright: 2024-04-09
• Publisher: Oxford University Press

Summary

Brain science in the form of neuroscientific evidence now appears frequently in courtrooms and policy discussions alike. Many legal issues are at stake, such as how to separate the best uses of brain science information from those that are potentially biasing or misleading. It is crucial to evaluate brain science evidence in light of relevant legal standards (such as the Daubert and Frye Rules).

Brain Science for Lawyers, Judges, and Policymakers responds to this rapidly changing legal landscape, providing a user-friendly introduction to the fundamentals of neuroscience for lawyers, advocates, judges, legal academics, and policymakers. It features detailed but clear illustrations, as well as a comprehensive and accessible overview of developments in legally relevant neuroscience. Readers will learn brain science terms, how to understand and discuss brain structure and function in legally relevant contexts, and how to avoid over- or under-interpreting neuroscientific evidence.

The book begins with a survey of the kinds of litigation, legislation, and regulation where neuroscience is currently being used. It provides accessible descriptions of basic brain anatomy and brain function as well as an overview of how modern technologies can reveal the brain structures and brain functions of individuals. It finishes with cautions and limitations, including timely and thought-provoking observations about where the future of neurolaw might lead. Throughout, the authors offer clear and concise guidance on understanding both the promise and the limitations of using brain science in law and policymaking.

Author Biography

Owen D. Jones holds the Weaver Chair in Law, Brain, and Behavior at Vanderbilt University, where he is both Professor of Law and Professor of Biological Sciences. Published extensively in leading legal and scientific venues, he coauthored the first coursebook on Law & Neuroscience, directs the Weaver Family Program in Law, Brain Sciences, and Behavior, and is an elected Fellow of the American Association for the Advancement of Science. Professor Jones previously served as Co-Director and then Director of the MacArthur Foundation's Law and Neuroscience Project, and subsequently designed and directs the MacArthur Foundation Research Network on Law and Neuroscience.

Jeffrey D. Schall was E. Bronson Ingram Professor of Neuroscience at Vanderbilt University before moving to York University in 2021, where he is Professor of Biology and an active member of the interdisciplinary initiative Connected Minds: Neural and Machine Systems for a Healthy, Just Society. He has published more than 180 peer-reviewed publications appearing in leading science and neuroscience journals, and coauthored the first coursebook on Law & Neuroscience. He is a Fellow of the Association of Psychological Science and of the American Association for the Advancement of Science. He served as a Member of the MacArthur Foundation's Law and Neuroscience Project.

Francis X. Shen is a Faculty Member at the Center for Bioethics at Harvard Medical and the Department of Psychiatry at MGH, a Harvard University Affiliated Professor at Harvard Law School, and Chief Innovation Officer at the MGH Center for Law, Brain & Behavior. Dr. Shen has published widely on neurolaw, including as coauthor of the first coursebook on Law & Neuroscience, and is a Principal Investigator on multiple NIH BRAIN Initiative grants. He also leads the Dana Foundation Career Network in Neuroscience and Society and is a Member of the MacArthur Foundation's Research Network on Law and Neuroscience.

Morris B. Hoffman was a district judge in the Second Judicial District, State of Colorado, from 1991 to 2021. He has published more than 30 law review articles, co-authored more than a dozen science papers, written several op-eds in national newspapers including The New York Times and The Wall Street Journal, and in 2014 authored The Punisher's Brain: The Evolution of Judge and Jury. He is a Research Fellow at the Gruter Institute for Law and Behavioral Research, as well as a Member of the MacArthur Foundation's Research Network on Law and Neuroscience and Society of Experimental Psychologists.

Anthony D. Wagner is a Lucie Stern Professor in the Department of Psychology and a deputy director of the Wu Tsai Neurosciences Institute at Stanford University. He has published over 160 peer-reviewed publications appearing in leading science and neuroscience journals. Professor Wagner is a Reviewing Editor at Cerebral Cortex and Cerebral Cortex Communications, and an elected Fellow of the American Association for the Advancement of Science, Association for Psychological Science, and Society of Experimental Psychologists. He is a Member of the MacArthur Foundation's Research Network on Law and Neuroscience.