Yet another piece on law and neuroscience. This area is becoming a cottage industry.
Oliver R. Goodenough, Vermont Law School & Berkman Center for Internet & Society, and Micaela Tucker, Vermont Law School, have published Law and Cognitive Neuroscience at 6 Annual Review of Law and Social Science 61 (2010). Here is the abstract.
Law and neuroscience (sometimes neurolaw) has become a recognized field of study. The advances of neuroscience are proving useful in solving some perennial challenges of legal scholarship and are leading to applications in law and policy. While caution is appropriate in considering neurolaw approaches, the new knowledge should - and will - be put to use. Areas of special attention in current neurolaw scholarship include (a) techniques for the objective investigation of subjective states such as pain, memory, and truth-telling; (b) evidentiary issues for admitting neuroscience facts and approaches into a court proceeding; (c) free will, responsibility, moral judgment, and punishment; (d) juvenile offenders; (e) addiction; (f) mental health; (g) bias; (h) emotion; and (i) the neuroeconomics of decision making and cooperation. The future of neurolaw will be more productive if challenges to collaboration between lawyers and scientists can be resolved.
The full text is not available from SSRN.