Monday, September 1, 2008

New article on Behavioral Biology and Constitutional Analysis

Professor Scott Fruehwald of Hofstra Law School has been especially prolific lately including this article recently published in the Oklahoma City University Law Review.  While not strictly pertaining to legal writing, because he is a legal writing professor, the Scholarship Dude wants to let our readership know about Professor Fruehwald's latest work. Ftfac_fruewald Here's a synopsis:

"Behavioral biology is the next frontier for legal thought.  In the next few years, behavioral biology will become as important for the analysis of legal rules as economics has been for the last several decades.  To ignore the insights of behavioral biology in legal analysis is to create a legal system based on crucially incomplete information.  Yet, legal scholars, following social scientists, have generally disregarded human behavior in legal analysis, instead analyzing law as a social construct.  This blank slate view of the mind, however, has been thoroughly debunked.  As Professor E.O. Wilson has declared, "The blank-slate model could be tested empirically.  It lost."

Professor Fruehwald's article presents concepts of behavioral biology that are relevant to the law, then uses behavioral biology to analyze constitutional cases.  Drawing on science, literature, philosophy, art and law, Professor Fruehwald's article introduces concepts of behavioral biology.  It then discusses behavioral biology and the Constitution in general.  Finally, it examines three areas of constitutional law in detail - takings, establishing parentage, and due process limitations on punitive damages."  Behavioral Biology and Constitutional Analysis, 32 Oklahoma City L. Rev. 375 (2007). 

I am the Scholarship Dude.


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