Daniel S. Goldberg
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199599844
- eISBN:
- 9780191725227
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199599844.003.0027
- Subject:
- Law, Medical Law
This chapter argues that understanding the history of scientific and clinical imaging evidence is critical to informing analysis of the contemporary role of neuroscientific evidence in American legal ...
More
This chapter argues that understanding the history of scientific and clinical imaging evidence is critical to informing analysis of the contemporary role of neuroscientific evidence in American legal culture. Justifying this thesis requires two principal tasks. First, it assesses the epistemic and evidentiary status of scientific and clinical images in late 19th- to early 20th-century American legal culture. Second, it argues that through a deeper understanding of the social and cultural power of the scientific image in shaping contemporary American law of evidence, one is in a better position to evaluate the scope and significance of neuroimaging evidence in American legal culture. More specifically, while many neurolaw scholars warn of the potentially prejudicial effects of neuroimages, there is less scholarship explaining why it is that such neuroimages are any more likely to pose significant risks of undue prejudice than many other forms of scientific and medical evidence.Less
This chapter argues that understanding the history of scientific and clinical imaging evidence is critical to informing analysis of the contemporary role of neuroscientific evidence in American legal culture. Justifying this thesis requires two principal tasks. First, it assesses the epistemic and evidentiary status of scientific and clinical images in late 19th- to early 20th-century American legal culture. Second, it argues that through a deeper understanding of the social and cultural power of the scientific image in shaping contemporary American law of evidence, one is in a better position to evaluate the scope and significance of neuroimaging evidence in American legal culture. More specifically, while many neurolaw scholars warn of the potentially prejudicial effects of neuroimages, there is less scholarship explaining why it is that such neuroimages are any more likely to pose significant risks of undue prejudice than many other forms of scientific and medical evidence.
Nicole A. Waligora-Davis
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195369915
- eISBN:
- 9780199893379
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195369915.001.0001
- Subject:
- Literature, African-American Literature
This book examines the anomalous legal status of black Americans and its influence on the formation of American citizenship, the relationship of U.S. to other states, and the ...
More
This book examines the anomalous legal status of black Americans and its influence on the formation of American citizenship, the relationship of U.S. to other states, and the government’s conceptualization of its imperial reach and power. The coordinated relationship between U.S. international and domestic interventions helped produce an alienated black American community whose status resembles refugees and stateless persons. This book underscores the substantive legal, social, and political consequences of the state’s persistent misrepresentation of black citizens as aliens and refugees. Attending to the convergences among refugees, stateless persons, and African Americans, This book exposes the aggressive legal and political dislocations historically confronting black Americans in a new manner, and reveals how the anomalous status of black Americans impacted U.S. empire expansion and black civil rights. Fixed on forms of legal, political and social desubjectivation, dispossession, and violence that collectively transfigure black life and warrant the call for safety, this book illustrates how sanctuary remains perpetually deferred, tragically unsustainable, or simply untenable precisely because blacks continue to occupy something akin to Gerald Neuman’s “anomalous legal zone,” where law is suspended and a new juridical order is effectively produced.Less
This book examines the anomalous legal status of black Americans and its influence on the formation of American citizenship, the relationship of U.S. to other states, and the government’s conceptualization of its imperial reach and power. The coordinated relationship between U.S. international and domestic interventions helped produce an alienated black American community whose status resembles refugees and stateless persons. This book underscores the substantive legal, social, and political consequences of the state’s persistent misrepresentation of black citizens as aliens and refugees. Attending to the convergences among refugees, stateless persons, and African Americans, This book exposes the aggressive legal and political dislocations historically confronting black Americans in a new manner, and reveals how the anomalous status of black Americans impacted U.S. empire expansion and black civil rights. Fixed on forms of legal, political and social desubjectivation, dispossession, and violence that collectively transfigure black life and warrant the call for safety, this book illustrates how sanctuary remains perpetually deferred, tragically unsustainable, or simply untenable precisely because blacks continue to occupy something akin to Gerald Neuman’s “anomalous legal zone,” where law is suspended and a new juridical order is effectively produced.
