Greatly Exaggerating Dualism’s Death: Neuroscience and U.S. Law
Joseph Avery, National Defense Science & Engineering Graduate Fellow at Princeton University
In Texas Department of Housing and Community Affairs v. Inclusive Communities,11. Tex. Dep’t of Hous. & Cmty. Affairs v. Inclusive Cmtys. Project, Inc., 135 S. Ct. 2507 (2015). a case that considered durative confounding of the Fair Housing Act,22. Fair Housing Act, 42 U.S.C. 3601 (1968). the United States Supreme Court held that even in the absence of…
The Nature of Reasonableness
In honor of Professor Alan Calnan, a prolific and inspiring Torts scholar. His wife and colleagues at Southwestern Law School wish to dedicate this Essay to his memory.
Though the notion of reasonableness dominates Anglo- American law, its meaning has been clouded by traditional conceptual analysis. This Essay argues that greater clarity can be gained by taking a scientific approach to the subject, exposing the natural foundations beneath the concept’s varied interpretations. Reasonable legal minds agree that reasonableness is one of the foundational concepts of American law,…