News and Commentary Archive

Explore recent scientific discoveries and news as well as CLBB events, commentary, and press.

Mission

The speed of technology in neuroscience as it impacts ethical and just decisions in the legal system needs to be understood by lawyers, judges, public policy makers, and the general public. The Massachusetts General Hospital Center for Law, Brain, and Behavior is an academic and professional resource for the education, research, and understanding of neuroscience and the law. Read more

CLBB Directors Give Keynote Speeches at Harvard Medical School Course on Dementia

Both directors of the CLBB, Judith G. Edersheim, JD, MD, and Bruce H. Price, MD, spoke at an annual Harvard Medical School course on dementia this past month. The course, named “Dementia: A Comprehensive Update,” provided four full days of instruction for medical professionals on the changing understanding of dementia in a variety of medical fields. Dr. Edersheim and Dr. Price spoke about the implications of dementia on the legal world, particularly in relation to the concepts of cognitive capacity and undue influence.

WATCH — Dementia and Democracy

Our judiciary and our elected officials are getting old. Five of the nine Supreme Court Justices are 67 or older, with two over age 80. The President is 71, the Senate Majority Leader is 75, and the House Minority Leader is 77. Does the public have a right to know whether these officials have been screened for dementia? If the individuals don’t self-report their dementia status, should experts continue to adhere to the “Goldwater Rule” and refrain from offering an armchair diagnosis? As the nation reflects on its midterm elections, and prepares for the 2020 election cycle, these questions are timely and challenging.

Panelists:

Rebecca Brendel, JD, MD, Assistant Professor of Psychiatry, Harvard Medical School; Director, Master’s in Bioethics Program, Center for Bioethics, Harvard Medical School; Director of Law & Ethics, Center for Law, Brain & Behavior, Massachusetts General Hospital

Bruce Price, MD, Chief, Department of Neurology at McLean Hospital; Associate in Neurology, Massachusetts General Hospital; Associate Professor of Neurology, Harvard Medical School; Co-Founder and Co-Director of the Center for Law, Brain & Behavior, Massachusetts General Hospital

Francis X. Shen, PhD, JD, Senior Fellow in Law and Applied Neuroscience, the Petrie-Flom Center in Health Law Policy, Biotechnology, and Bioethics at Harvard Law School and the Center for Law, Brain & Behavior at Massachusetts General Hospital; Associate Professor of Law and McKnight Land-Grant Professor, University of Minnesota Law School; Executive Director of Education and Outreach, the MacArthur Foundation Research Network on Law and Neuroscience

Moderator: Judith Edersheim, Co-Founder and Co-Director, Center for Law, Brain & Behavior at Massachusetts General Hospital; Assistant Professor of Psychiatry, Harvard Medical School; attending Psychiatrist, Department of Psychiatry, Massachusetts General Hospital

Watch video of the entire event below!

This event was part of the Project on Law and Applied Neuroscience, a collaboration between the Center for Law, Brain & Behavior at Massachusetts General Hospital and the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School.

CLBB Welcomes New Senior Fellow in Law and Applied Neuroscience!

We’re excited to announce our 2017–2018 Senior Fellow in Law and Applied Neuroscience, Francis X. Shen!

Project on Law and Applied Neuroscience

The Project on Law and Applied Neuroscience, now entering its fourth year, is a collaboration between the Center for Law, Brain & Behavior and the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. The collaboration includes a Senior Fellow in residence, public symposia, and a Law and Neuroscience Seminar at Harvard Law School taught by the Hon. Nancy Gertner. For more information, see the full press release on the launch of the program.

2017­–2018 Senior Fellow

Francis X. Shen, PhD, JD is the third Senior Fellow in Law and Neuroscience. Shen is currently an Associate Professor of Law and McKnight Presidential Fellow at the University of Minnesota; affiliated faculty at the Center for Law, Brain and Behavior at Massachusetts General Hospital; and Executive Director of Education and Outreach for the MacArthur Foundation Research Network on Law and Neuroscience. Shen received his JD from Harvard Law School, and his PhD in Government and Social Policy from Harvard.

As Senior Fellow, he will pursue original research, mentoring, and public engagement on legal issues related to the aging brain, dementia, traumatic brain injury, and the law. Activities will include expert symposia and public events to promote focused discussion on how the law can more effectively respond to aging brain issues including dementia and traumatic brain injury.

Shen’s goal during his fellowship year will be to foster this interdisciplinary dialogue on dementia and the law. The Project on Law and Applied Neuroscience will assess the utility of law’s traditional approaches to capacity and undue influence in light of emerging science on the neurobiology of dementia; consider the future legal utility and ethics of new biomarkers for dementia; and begin developing new theoretical and practical frameworks for more fairly and effectively adjudicating cases in which dementia plays a role.

Please join us in welcoming Francis Shen to the Center for Law, Brain & Behavior!

To learn more about the Project’s 2017–2018 Area of Inquiry, Dementia and the Law, visit the Project on Law and Applied Neuroscience website!

WATCH — The Mayhem of a Misdiagnosis

Click poster to RSVP.

In this event, the Center for Law, Brain & Behavior will present a case that concerns a tragic trajectory caused by undetected brain disease and the interpersonal and larger societal havoc that can be wreaked by a misdiagnosis. Weaving a narrative that highlights the subject’s personal life and neurological decline, experts in psychiatry, law, and neurology will consider: what can be done to prevent the mayhem of a misdiagnosis?

This event will be held on Tuesday, March 7, 2017, at Interface (140 W. 30th Street, New York, NY), from 6:00-8:00 pm.

Make sure to RSVP before the event!

This event is co-sponsored by New America and the MGH Center for Law, Brain & Behavior. 

Watch video of the entire event below!

WATCH — The Vulnerable Brain

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Click poster to RSVP.

As the American population ages, the medical and legal systems will have to balance concerns about protecting the elderly from fraud and victimization with fundamental autonomy rights. In this event, the Center for Law, Brain & Behavior will present a case that concerns a tragic trajectory caused by undetected brain disease and discuss both missed opportunities to intervene and the implications for legal and social policy. Weaving a narrative that highlights the subject’s personal life and neurological decline, experts in psychiatry, law, and neurology will consider: what can be done to protect the vulnerable, aging brain?

Examining everything from forensic reports, to medical records, to a literal brain, CLBB Co-Director Dr. Judith Edersheim and CLBB Faculty Member Dr. Brad Dickerson (of Massachusetts General Hospital and Harvard Medical School) will tell a story that exemplifies how vulnerable an ailing, elderly person can be. CLBB Co-Director Dr. Bruce Price will join as a discussant during the Q&A session with the audience.

This event will be held on Thursday, December 15, 2016, at the Brigham and Women’s Hospital, Bornstein Amphitheater, from 7:00-8:30 pm.

Make sure to RSVP before the event!

This event is free and open to the public. A brief reception will precede the event from 6:30-7:00 PM. Continue reading »