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An argument against the distinction of law and logic by kevin saunders

  1. The sociological theory of the autonomy of technology suggests that if neuroscientific techniques come to be seen as reliable for this purpose, other objections will soon be abandoned. However, law students tend to forget a significant amount of the doctrine and policy before they graduate.
  2. Specifically, the language of neuroscience used to describe addiction may reduce attitudes such as blame and responsibility while inadvertently identifying addicted persons as neurobiological others.
  3. Chandler 33 Dalhousie L.

Reiner 4 Neuroethics 65 Neuroscience has substantially advanced the understanding of how changes in brain biochemistry contribute to mechanisms of tolerance and physical dependence via exposure to addictive drugs.

Promoting a brain disease concept is grounded in beneficent and utilitarian thinking: However such claims may yield unintended consequences by fostering discrimination commonly associated with pathology.

Specifically, the language of neuroscience used to describe addiction may reduce attitudes such as blame and responsibility while inadvertently identifying addicted persons as neurobiological others. This paper examines the merits and limitations of adopting the language of neuroscience to describe addiction.

It argues that the reframing of addiction in the language of neuroscience provides benefits such as the creation of empowered biosocial communities, but also creates a new set of risks, as descriptive neuroscience concepts are inseparable from historical attitudes and intuitions towards addiction and addicted persons. In particular, placing emphasis on the diseased brain may foster unintended harm by paradoxically increasing social distance towards the vulnerable group the term is intended to benefit.

Burgess 2010 Hillary Burgess 29 Quinnipiac L. Lawyers need to be able to identify when their clients have legal problems outside of their narrow area of specialty and they need to devise legal solutions that do not violate other areas of law. However, law students tend to forget a significant amount of the doctrine and policy before they graduate. Researchers have found ways to improve learning, especially for the complex learning that takes place in law school.

Applying these techniques in law school would allow professors to cover more doctrine at more sophisticated levels while knowing that their students will retain much of their lessons throughout their career.

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This article begins by mapping common law school learning tasks onto a leading taxonomy of learning objectives. This article argues that the legal curriculum engages all six levels of learning by traditionally teaching the lowest four levels of learning. However, law schools traditionally test on the highest four levels of learning because this level of thinking is required to practice law competently.

To help professors teach all six levels of learning optimally, this article provides a neuroscience and cognitive psychology perspective on how students learn. This section serves as a reference for any professor interested in how students learn. The article reviews research that indicates that students learn more, at deeper levels, while retaining information longer when they engage in multimodal learning, especially learning involving visual aids and visual exercises.

This article serves three purposes.

MacArthur Foundation Research Network on Law and Neuroscience

First, it provides professors with a review of the theoretical and scientific literature on learning theory as it applies to law school.

This information will provide professors a reference when they reform the overall legal curriculum, modify teaching strategies, and create innovative teaching methods.

Secondly, this article provides professors with information about teaching methods that increase student learning and retention in law school, on the bar, and for a lifetime career in law.

Third, this article provides concrete guidelines for law faculty interested in incorporating visual aids effectively in their teaching. The article also provides many concrete examples of specific teaching techniques that professors could adopt in their own class immediately.

Burton 2010 Angela O.

  • The article also provides many concrete examples of specific teaching techniques that professors could adopt in their own class immediately;
  • Psychotropic drugs act directly on the brain to affect behavior, emotion, or mood;
  • This paper examines the merits and limitations of adopting the language of neuroscience to describe addiction;
  • The rules of evidence and, in particular, the constitutional right to make full answer and defense are the legal mechanisms by which this accommodation would take place;
  • This international treaty requires the United States government to protect the public — including children in state custody — from medically unjustified exposure to psychotropic drugs;
  • The key determinant of whether courts are likely to accept neuroscientific evidence for the purpose of lie detection is the degree to which this evidence is considered to be reliable.

Children in state foster care systems and juvenile prisons are particularly at risk of overmedication with psychotropic drugs. Psychotropic drugs act directly on the brain to affect behavior, emotion, or mood. Because they are deemed to be highly addictive and susceptible to abuse and diversion into the illegal drug trade, some are designated as controlled substances under the United Nations Convention on Psychotropic Substances, 1971.

This international treaty requires the United States government to protect the public — including children in state custody — from medically unjustified exposure to psychotropic drugs. In particular, the treaty requires that psychotropic drugs be prescribed only for medical purposes and administered in accordance with sound medical practice, and that the government prohibit their advertisement directly to the public.

Analyzing the conditions under which state-involved children are prescribed and administered these highly addictive and powerful drugs, this Article concludes that the United States is in violation of the 1971 Convention because it permits drug companies to advertise controlled psychotropic substances such as methylphenidate, commonly sold as Ritalin, directly to the public, fails to restrict the prescription of psychotropic drugs to state-involved children for medical purposes only, and does not ensure that psychotropic drugs are administered to children in accordance with sound medical practice.

The Article calls on the United States government to take swift and aggressive steps to comply with the 1971 Convention so as to ensure that children in foster care and in juvenile prisons are protected from excessive and unwarranted exposure to psychotropic drugs.

Chandler 2010 Jennifer A.

Chandler 33 Dalhousie L. The sociological theory of the autonomy of technology suggests that if neuroscientific techniques come to be seen as reliable for this purpose, other objections will soon be abandoned.

The history of the judicial reaction to DNA evidence illustrates this pattern. The key determinant of whether courts are likely to accept neuroscientific evidence for the purpose of lie detection is the degree to which this evidence is considered to be reliable. This is because technologies that are widely accepted as reliable cannot be permitted to remain outside the justice system to deliver their own verdicts incompatible with those of the courts.

The continued legitimacy of the justice system cannot tolerate this. The rules of evidence and, in particular, the constitutional right to make full answer and defense are the legal mechanisms by which this accommodation would take place.