Sports Concussions and the Law
Are current legal and policy responses to the challenge of youth sports concussion adequate? How are youth sports concussion laws being implemented? Our Lab has answered these and related questions through a multi-year interdisciplinary research project featuring the nation’s first statewide empirical evaluation of implementation of state concussion laws in youth (younger than high school) athletes.
Shen FX. Are youth sports concussion statutes working? Duquesne Univ Law Rev 2018; 56(1):7-33.
Diekmann S, Rasmussen C, Egan C, Shen FX. The failure of youth sports concussion laws and the limits of legislating health education. Yale J Health Policy, Law, and Ethics 2019; 19:1-214.
Cormack, W, Graen, J, Novo, J, Shen, FX. Quasi-Professional Negligence: A New Standard of Care for Volunteer Youth Sports Coaches, Va Sports & Ent LJ 2022 (in press)
Rasmussen C, Diekmann S, Egan C, Johnson T, Shen FX. How dangerous are youth sports for the brain?: A review of the evidence. Berkeley J Entertainment & Sports Law 2018;7(1):67-191.
Lie Detection and Mental Privacy
The collection, sharing, and use of brain data raises salient privacy issues. Our Lab examines the ethical and legal safeguards that need to be in place, for instance in the context of brain-based deception detection technology using fMRI and EEG.
- Shen FX. Neuroscience, mental privacy, and the law. Harvard J Law Pub Policy 2013;36(2):653-713.
- Shen FX, Jones OD. Brain scans as evidence: truths, proofs, lies, and lessons. Mercer Law Rev 2011; 62(3):861-83.
- Shen FX, Twedell E, Opperman C, Krieg JD, Brandt-Fontaine M, Preston J, McTeigue J, Yasis A, Carlson M. The limited effect of electroencephalography memory recognition evidence on assessments of defendant credibility. Journal of Law and the Biosciences. 2017.
Use of Neuroscientific Evidence in the Criminal Law
Our Lab has explored multiple dimensions of how neuroscience evidence may be introduced in the criminal courtroom and challenge criminal law doctrine. For example, working with an interdisciplinary team through the MacArthur Foundation Research Network on Law and Neuroscience, we have used behavioral and fMRI tasks to empirically investigate how jury-eligible lay participants assess the mental states of 3rd party offenders when deciding how to punish those offenders. This work has not only drawn scholarly attention, but has also been cited in court proceedings, including by the U.S. Supreme Court.
- Shen FX, McLuskie F, Shortell E, Bellamoroso M, Escalante E, Evans B, Hayes I, Kimmey C, Lagan S, Muller M, Near J. Justice for Emerging Adults after Jones: The Rapidly Developing Use of Neuroscience to Extend Eighth Amendment Miller Protections to Defendants Ages 18 and Older. New York Univ Law Rev 2022;97:101-126.
- Shen FX, Hoffman MB, Jones OD, Marois R, Greene JD. Sorting guilty minds. New York Univ Law Rev 2010;86:1306-60.
- Shen FX, Minority mens rea. Hastings Law J 2017;68(5):1007-1084.
- Ginther MR, Bonnie RJ, Hoffman MB, Shen FX, Simons KW, Jones OD, Marois R. Parsing the behavioral and brain mechanisms of third-party punishment. J of Neuroscience. 2016 Sep 7; 36:9420-34. PMCID: PMC5013189.