As neuroscience progresses, policy makers will have an increasing arsenal of behavior-modifying interventions at their disposal to deploy in the hopes of reducing recidivism and making the criminal justice system more rehabilitative. While these interventions are promising, they also can pose grave risks to individual liberty interests that are insufficiently acknowledged, much less protected, by current jurisprudence. Specifically, the current legal regimes and proposed alternatives either fail to identify the nature of the liberty at stake by overly focusing on physical side effects to the exclusion of thought- and personality-altering side effects, reject completely the potential for these interventions to improve the justice system, or ...
Advances in neuroscientific techniques have found increasingly broader applications, including in le...
The question addressed in this Article is whether state-imposed reputational harm, in itself, should...
Thirty years ago, in Youngberg v. Romeo, the U.S. Supreme Court recognized that those who are involu...
The neuroscience revolution poses profound challenges to the doctrine of avoidable consequences in t...
The outline of this chapter is as follows. In section 2 we provide a further definition of PTs, and...
Ensuring the rights of the personality is especially actual in the sphere of criminal trial, as in t...
This Article discusses ways in which neuroscience should inform criminal sentencing in the future. S...
This is a chapter in a book, Constitution 3.0: Freedom and Technological Change, edited by Jeffrey R...
Direct brain intervention based mental capacity restoration techniques-for instance, psycho-active d...
Direct brain intervention based mental capacity restoration techniques—for instance, psycho-active d...
While objective standards of reasonableness permeate most legal disciplines, criminal law has trende...
We are in an era of self-conscious minorities forcefully asserting their right to have rights in acc...
Some of the most compelling contemporary ethical questions surround 21st Century neuroscientific tec...
The main purpose of this Article is to argue for a fundamental change in the conceptual orientation ...
While neuroscience continues to make it clearer that mental processes, effects, disorders, and state...
Advances in neuroscientific techniques have found increasingly broader applications, including in le...
The question addressed in this Article is whether state-imposed reputational harm, in itself, should...
Thirty years ago, in Youngberg v. Romeo, the U.S. Supreme Court recognized that those who are involu...
The neuroscience revolution poses profound challenges to the doctrine of avoidable consequences in t...
The outline of this chapter is as follows. In section 2 we provide a further definition of PTs, and...
Ensuring the rights of the personality is especially actual in the sphere of criminal trial, as in t...
This Article discusses ways in which neuroscience should inform criminal sentencing in the future. S...
This is a chapter in a book, Constitution 3.0: Freedom and Technological Change, edited by Jeffrey R...
Direct brain intervention based mental capacity restoration techniques-for instance, psycho-active d...
Direct brain intervention based mental capacity restoration techniques—for instance, psycho-active d...
While objective standards of reasonableness permeate most legal disciplines, criminal law has trende...
We are in an era of self-conscious minorities forcefully asserting their right to have rights in acc...
Some of the most compelling contemporary ethical questions surround 21st Century neuroscientific tec...
The main purpose of this Article is to argue for a fundamental change in the conceptual orientation ...
While neuroscience continues to make it clearer that mental processes, effects, disorders, and state...
Advances in neuroscientific techniques have found increasingly broader applications, including in le...
The question addressed in this Article is whether state-imposed reputational harm, in itself, should...
Thirty years ago, in Youngberg v. Romeo, the U.S. Supreme Court recognized that those who are involu...