This article highlights a recent report published by the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, entitled, “Protecting and Promoting the Health of NFL Players: Legal and Ethical Analysis and Recommendations”. 

By Rick Maese | The Washington Post | November 17, 2016

A new report from Harvard University proposes drastic changes in the way health care is administered in the NFL, urging the nation’s most popular sports league to upend its system of medicine and untangle the loyalties of the doctors and trainers charged with treating players.

Asserting that the long-standing current structure has inherent conflicts of interest, the 493-page report outlines a new system in which a team’s medical staff is devoted solely to players’ interests and no longer reports to team management or coaches.

“The intersection of club doctors’ dual obligations creates significant legal and ethical quandaries that can threaten player health,” the report states. Continue reading »

By Lisa Feldman Barrett | The New York Times | November 12, 2016

Bitterness. Hostility. Rage. The varieties of anger are endless. Some are mild, such as grumpiness, and others are powerful, such as wrath. Different angers vary not only in their intensity but also in their purpose. It’s normal to feel exasperated with your screaming infant and scornful of a political opponent, but scorn toward your baby would be bizarre.

Anger is a large, diverse population of experiences and behaviors, as psychologists like myself who study emotion repeatedly discover. You can shout in anger, weep in anger, even smile in anger. You can throw a tantrum in anger with your heart pounding, or calmly plot your revenge. No single state of the face, body or brain defines anger. Variation is the norm. Continue reading »

By Tania Lombrozo | NPR | September 19, 2016

New research suggests that even college students who overwhelmingly report that they accept interracial relationships show greater activity in the insula — a brain region associated with disgust — when presented with images of black-white interracial couples than when presented with images of same-race couples.

An article by one of the researchers explains that the set of studies including this result was designed “to examine how people really feel about interracial relationships” (emphasis added). And the article’s headline touts the corresponding conclusion: “Most people are accepting of interracial marriage, right? The brain shows a different story.”

But when it comes to what people really accept, think or feel, are physiological measurements the authority? Why trust brain activation over what a person says? Continue reading »

By Nancy Gertner | New York Law Journal | May 13, 2016

Access to justice means more than fancy courthouses, a courtroom with high ceilings, the American flag unfurled, and even compelling quotes from the U.S. Constitution. Access to justice means more than a presiding judge looking dignified in a long black robe, on an elevated platform, with the lawyers before him or her. Access to justice is not a Kabuki show—the ceremony of justice but not the reality.

But to those accused of misdemeanor offenses in the Bronx, a court proceeding is just a hollow ritual. According to the lawsuit filed by The Bronx Defenders, Emery Celli Brinckerhoff & Abady, and Morrison & Foerster, there are few trials, no opportunity to confront witnesses, no way to challenge the government’s case, no opportunity to be publicly vindicated in a speedy proceeding, and unconscionable delays. Continue reading »

By Nancy Gertner | The Washington Post | May 6, 2016

Nancy Gertner is a retired federal district court judge and a senior lecturer at Harvard Law School, and a CLBB Senior Faculty member. She is a signatory of an amicus brief in the Supreme Court case United States v. McDonnell, on behalf of former Virginia governor Robert McDonnell.

When we talk about political corruption, what often comes to mind is what the law calls “quid pro quo”: I give a politician money and in exchange he or she gets me a government contract or votes in my favor. But there is a continuum of quid pro quo exchanges, some plainly illegal, some not and some ambiguous.

In the case of former Virginia governor Robert McDonnell, the Supreme Court will decide whether it is constitutional to prosecute a public official for conduct on that continuum, conduct never before determined to be at the illegal end. The issue is not whether we should regulate gifts to public officials; the issue is whether the criminal law can be used as a bludgeon when we have not done so. I think not. As a matter of due process, criminal prosecutions can be brought only when we have clearly defined what is legal and what is not.

Continue reading »