LAW AND NEUROSCIENCE 2.0 Francis X. Shen* INTRODUCTION Law and neuroscience is approaching an inflection point. It has been roughly ten years since the New York Times Magazine put neurolaw on its cover,1 since Stanford neuroscientist Robert Sapolsky wrote his seminal article, “The Frontal Cortex and the Criminal Justice System”;2 and since law professor Adam Kolber taught the first law and neuroscience course. The MacArthur Foundation Research Network on Law and Neuroscience, which has been one of the epicenters of the field over this same period, will wind down its primary research projects soon.3 So what comes next? In this Article, I sketch out a vision for “Law and Neuroscience 2.0.”4 Neurolaw has built a solid foundation for a lasting intellectual and policy endeavor. But to realize the promise of neuroscience for law and policy, we need to do more to productively encompass the wide variety of ideas, research, and activity that are on-going and forthcoming at the neuroscience- law intersection. At the ten-year mark, neurolaw too often focuses only on criminal responsibility, too infrequently explores technologies beyond fMRI, * B.A., University of Chicago; J.D., Harvard Law School; PhD, Harvard University. Associate Professor of Law, University of Minnesota; Director, Shen Neurolaw Lab; Executive Director of Education & Outreach, MacArthur Foundation Research Network on Law and Neuroscience; Faculty Member, Massachusetts General Hospital Center for Law, Brain, and Behavior. Contact: Walter F. Mondale Hall, 229 19th Avenue South, Minneapolis, MN 55455, 612-625-5328,
[email protected]. Acknowledgements: Lab members in the Shen Neurolaw Lab contributed to the success of this article, and I owe thanks to my colleague Walter Low for his insights on the issue of induced pluripotent stem cell human chimeras research, and to colleagues Marom Bikson and James Giordano for their input on tDCS and mobile neurotechnology.