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Sorting Guilty Minds
(New York University Law Review, 2011)
Because punishable guilt requires that bad thoughts accompany bad acts, the Model Penal Code (MPC) typically requires that jurors infer the past mental state of a criminal defendant. More specifically, jurors must sort ...
Economics, Behavioral Biology, and Law
(Supreme Court Economic Review, 2011)
The article first compares economics and behavioral biology, examining the assumptions, core concepts, methodological tenets, and emphases of the two fields. Building on this, the article then compares the applied ...
Brain Scans as Evidence: Truths, Proofs, Lies, and Lessons
(Mercer Law Review, 2011)
This contribution to the Brain Sciences in the Courtroom Symposium identifies and discusses issues important to admissibility determinations when courts confront brain-scan evidence. Through the vehicle of the landmark ...