News and Commentary Archive

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

Mission

The Center for Law, Brain & Behavior puts the most accurate and actionable neuroscience in the hands of judges, lawyers, policymakers and journalists—people who shape the standards and practices of our legal system and affect its impact on people’s lives. We work to make the legal system more effective and more just for all those affected by the law.

LISTEN – Dr. Edersheim on the Adolescent Brain

CLBB Co-Director Dr. Edersheim appeared on an episode of The Checkup, a health podcast by WBUR and Slate. In an episode entitled “Teenage Zombies”, Dr. Edersheim offers insight into how adolescent brain structure and developmental changes influence decision-making and behavior. She discusses how these changes intersect with the legal system, and raises important questions about how the juvenile justice system affects healthy neurodevelopment. Listen to her commentary, shortly after the 15:20 minute mark:

Listen to the full episode of The Checkup here.

Hard Feelings: Science’s Struggle to Define Emotions

By Julie Beck | The Atlantic | February 24, 2015

When Paul Ekman was a grad student in the 1950s, psychologists were mostly ignoring emotions. Most psychology research at the time was focused on behaviorism—classical conditioning and the like. Silvan Tomkins was the one other person Ekman knew of who was studying emotions, and he’d done a little work on facial expressions that Ekman saw as extremely promising.

“To me it was obvious,” Ekman says. “There’s gold in those hills; I have to find a way to mine it.”

For his first cross-cultural studies in the 1960s, he traveled around the U.S., Chile, Argentina, and Brazil. In each location, he showed people photos of different facial expressions and asked them to match the images with six different emotions: happiness, sadness, anger, surprise, fear, and disgust. “There was very high agreement,” Ekman says. People tended to match smiling faces with “happiness,” furrow-browed, tight-lipped faces with “anger,” and so on.

But these responses could have been influenced by culture. The best way to test whether emotions were truly universal, he thought, would be to repeat his experiment in a totally remote society that hadn’t been exposed to Western media. So he planned a trip to Papua New Guinea, his confidence bolstered by films he’d seen of the island’s isolated cultures: “I never saw an expression I wasn’t familiar with in our culture,” he says.

Once there, he showed locals the same photos he’d shown his other research subjects. He gave them a choice between three photos and asked them to pick images that matched various stories (such as “this man’s child has just died”). Adult participants chose the expected emotion between 28 and 100 percent of the time, depending which photos they were choosing among. (The 28 percent was a bit of an outlier: That was when people had to choose between fear, surprise, and sadness. The next lowest rate was 48 percent.)

And so the six emotions used in Ekman’s studies came to be known as the “basic emotions” all humans recognize and experience. Some researchers now say there are fewer than six basic emotions, and some say there are more (Ekman himself has now scaled up to 21), but the idea remains the same: Emotions are biologically innate, universal to all humans, and displayed through facial expressions. Ekman, now a professor emeritus of psychology at the University of California, San Francisco, with his own company called The Paul Ekman Group, was named one of Time’s 100 most influential people in 2009, thanks to this work.

But despite the theory’s prominence, there are scientists who disagree, and the debate over the nature of emotion has been reinvigorated in recent years. While it would be easy to paint the argument as two-sided—pro-universality versus anti-universality, or Ekman’s cronies versus his critics—I found that everyone I spoke to for this article thinks about emotion a little differently.

Read the full article here, featuring CLBB Faculty Lisa Feldman Barrett’s work on emotion.

Tune In, Turn On … and Train Your Brain?

By Michael N. Tennison, MA

In the early 1990s, visionary futurist Terence McKenna hypothesized that two seemingly disparate modalities of consciousness alteration and extension—drugs and computers—might ultimately converge.  If he were still alive today, even Terence might be surprised at the accuracy of his assessment.

As reported by the Boston Globe on February 8Thync, a company marketing a new neuro-enhancement device to be released later this year, purports to give users computerized control over fundamental elements of consciousness, including mood, cognitive capacities, and energy levels.  Enticing the potential consumer to “shift [one’s] state of mind” and “conquer life,” Thync claims its device can stimulate neural pathways with “intelligent waveforms,” or “vibes.”  Different “vibes,” they claim, produce results akin to a coffee-induced jolt on one hand or an alcohol-induced relaxation on the other.  The Thync prototype appears to rely on transcranial direct-current stimulation (tDCS), a mechanism that sends very low-level currents of electricity through the brain.  Scientists hypothesize that these low levels of electricity may produce subthreshold stimulation.  This means that the current gives neurons just enough of a boost to prime them to fire – without exciting them enough to cause firing.   Researchers believe that this may put neurons in a state of readiness to engage in neuroplasticity, enabling neurological changes that may be useful for patients and healthy consumers alike.

Reporters have been awed by the potential of consumer-grade brain stimulation to enhance all sorts of neurologically-mediated capacities, from learning and focus to attention and mood.  In 2012, one reporter stated that a 20 minute session of tDCS induced a Zen-like state of deep calm that facilitated the near-instant acquisition of new skill sets, lasting for several days until finally tapering off completely. Recent studies, on the other hand, suggest that single-session tDCS interventions may deliver little more than the placebo effect. In a review of 59 analyses, Australian researchers found tDCS to have no significant effect on executive function, memory, language, or other cognitive capacities.  Despite the data’s inconclusiveness—not to mention lack of FDA approval for therapeutic use—tDCS can be purchased online and even built in an afternoon with parts from a standard electronics store.

Online forums dedicated to personal tDCS use have sprung up across the internet, typically encouraging the use of studied protocols with respect to electrode placement, duration of application, and level of current. Many intrepid users freely experiment, seeking to probe the edges of consciousness not unlike psychedelic explorers of yesteryear.  This, of course, raises the chief concern about tDCS: regardless of whether or not the device can bring about the desired mental states, users place themselves at risk of harm either by mistake or misadventure.

When administered by trained scientists in a research setting, tDCS appears to have few, if any, negative effects.  The most serious reported negative effects pertain to skin irritation caused by electrodes.  Little to no evidence is available, however, about long-term risks.  One can certainly imagine a situation in which tDCS does bring about the desired results, to which users habituate or addict, either requiring ever-greater doses of electricity or otherwise interfering with their lives.  In addition, the risks of novel parameter configurations employed by home users, such as placement of the electrodes—selected either intentionally or by mistake—may not have been studied, and new risks could emerge.

Companies like Thync and others could mitigate some of these risks.  By programming parameter limitations into its device’s operating software, foc.us limits the duration and intensity of the electricity it produces.  Yet, just as tinkerers have been able to “jailbreak” their smartphones, such a practice may be possible with tDCS devices.

How much protection should consumers have at this point from commercial tDCS devices and their own experimentation?  In a counterintuitive twist, tDCS must be approved by FDA if it is marketed “therapeutically” – that is, to treat or cure any medical condition.  Yet, when marketed for private, non-therapeutic use the same device escapes FDA’s regulatory authority.  Whether the device is used therapeutically or recreationally could boil down to different semantic characterizations of exactly the same thing.  And is enhancement – helping junior learn his multiplication tables faster, for example – “therapeutic” or “recreational”?  So far, the FDA has not explicitly weighed in, but it recently released a draft guidance exempting “low risk general wellness products” from regulation as medical devices; whether this applies to tDCS, however, is unclear.

Should this apparent regulatory loophole be of concern?  After all, as a society we not only permit but encourage all sorts of activities that carry substantial risks for the participants, such as sky diving, motorcycle riding, and football.  This deference to rugged individualism and autonomy is deeply embedded in American culture.  But when it comes to risks associated specifically with alterations of consciousness, the government tends to be more paternalistic, if not consistent, in its approach to individual liberty.  Recreational drug use is prohibited unless it involves only our society’s politically-sanctioned drugs of choice—caffeine, tobacco, and alcohol.

This bifurcation has little to do with safety: tobacco contributes to more deaths per year than all illegal drugs combined. What is, or is not, permitted is a fundamentally political choice.  Thus, the emergence of commercial tDCS can and should prompt a new discussion about the regulation of consciousness alteration, whether performed by chemical or technological means.

Michael Tennison is a JD candidate (’15) at the University of Maryland.

Reappraising Pain

nrn3919-i1By Natasha Bray | Nature Reviews Neuroscience “Pain” | January 29, 2015

Pain has sensory and affective components, and can be augmented or attenuated through the cognitive reappraisal of the painful stimulus in a process called ‘self-regulation’. Although the sensory and affective qualities of pain are thought to be tracked by a set of regions throughout the brain that are collectively known as the ‘neurological…

Read the full article, with subscription, on Nature Reviews Neuroscience.

A Look at How We Process Painful Experiences

By Douglas Quenqua | The New York Times | August 4, 2014

A tiny part of the brain keeps track of painful experiences and helps determine how we will react to them in the future, scientists say. The findings could be a boon to depression treatments. Continue reading »