Cloning and Talmudic Law

Barbara P. Billauer, Foundation for Law and Science Centers, Inc.; Institute of World Politics, has published Human Reproductive Cloning: The Intersection of Kaballa, the Bible and Biology - Parable, Exegesis and Modern Science

Under traditional Jewish Law (halacha), assessment of human reproductive cloning (HRC) has been formulated along four lines of inquiry, which I discussed in Part I of this paper. There, I analyzed five relevant doctrines of Talmudic Law, concluding that HRC fails to fulfill the obligation ‘to be fruitful and multiply’ and should be strictly prohibited. In part II, I reviewed the topic from an exigetical Biblical and Kabbalistic perspective, beginning with exploring comments of the Ramban (Nachmanides) which suggest Kabbalistic insights very much in keeping with current biology. I expand on the interrelationship of the reproductive faculties of an organism and its soul by examining the development of the spiritual states of plant, animal and human and noting the commensurate evolution with its reproductive facilities. Speculating that the reproductive mechanism of each species is indelibly related to its soul-state, I suggest that interfering with human sexual reproduction by HRC has the same effect the Ramban argues is the result of Kilayim (interbreeding), i.e., wrecking havoc with the Universe.



In this Part III, I postulate a biologic explanation for warnings found in the Golemic Literature and suggest that these allude to the importance of maintaining human genetic diversity through sexual reproduction. The conclusions I reached after evaluating the propriety of HRC under a Kabbalistic/metaphysical index comports with those I reached using a traditional legal /halachic inquiry in Part I. Thus, both systems arrive at the conclusion that HRC is in violation of the divine and natural order and constitute a distinct biological threat to the survival of the human species, a conclusions in accord with current scientific thinking.

Download the paper from SSRN at the link.

Law, Neuroscience, and Magic

A new book on that very interesting new topic, neuroscience and magic. Stephen Macknik and Susana Martinez-Conde have published Sleights of Mind (Henry Holt, 2010)  about what happens in our brains when our eyes deceive eyes. Magicians and con men (and women) have known about this for centuries, but scientists and lawyers are just now beginning to take note. for more check out an article from The Scientist, here and the Law and Magic Blog here, here, here, and here.

Who Dat Logo?

Sharp-eyed Dr. Who fans perked up when the newly minted UK Space Agency debuted its logo. Did some Dalek infiltrate and supply the logo for the Dr. Who Space Rocket Group, dating from circa 2005? Hmmm. Read more here.

Law in the Wilderness

Shaun Fluker, University of Calgary Faculty of Law, has published "Wilderness Narrative in Law: The View from Canada’s National Parks." Here is the abstract.

In this conference paper presented at the 2009 Association for the Study of Literature and the Environment held in Victoria, BC, I briefly examine the relationship between law and the concept of wilderness. I hope to demonstrate this relationship in two ways. First, that law provides us with a source of wilderness narrative. Although much less prosaic than other forms of literature, legal decisions tell stories about what wilderness is. Second, that ideas of wilderness can influence the enactment and application of legal rules.

Download the paper from SSRN at the link.

Extraordinary Measures

From the New York Times, a review of Harrison Ford's new film, Extraordinary Measures.

Singing About Species

Charles Darwin has his own minstrel. The Scientist's Victoria Stern writes about Philadelphia entertainer Brett Keyser, who sings about Mr. Darwin's accomplishments, both on the street and in a one-man show called "Darwinii: The Comeuppance of Man." Read more here (subscription; free).

Meanwhile, former child star and current creation science activist Kirk Cameron is engaged in a new project: handing out copies of The Origin of Species on college campuses, but he and his colleagues don't exactly want university students to come to Darwin. These copies of Mr. Darwin's seminal work have a new introduction that seeks to show why it's flawed. According to recent media reports,

The 50 page introduction that Cameron helped pen includes passages that link Darwins work with Nazi eugenics and overall mysogyny.

"You can see where [Hitler] clearly takes Darwin's ideas to some of their logical conclusions and compares certain races of people to lower evolutionary life forms," Cameron told People. "If you take Darwin's theory and extend it to its logical end, it can be used to justify all number of very horrendous things.

But Mr. Cameron may not be getting through. Said one student, "I don't think they are accomplishing what they set out to do. All these people are getting a free 'Origin of Species.' If they read the book they'll see through (the introduction)...". Read more here in a Christian Science Monitor article.

Law, Humanities and the Medical Curriculum

Jennifer Bard, Texas Tech University School of Law, Thomas William Mayo, Southern Methodist School of Law, and Stacey A. Tovino, Drake University School of Law have published "Three Ways of Looking at a Health Law and Literature Class," in volume 1 of Drexel Law Review (Summer 2009). Here is the abstract.

The authors of this Article participated in a panel at the American Society of Law, Ethics & Medicine Conference in 2008 that discussed the use of literary materials in law school to teach medical ethics (and related matters) in a law school setting. Each author comes at the topic from a different perspective based on his or her own experience and background. This Article and the panel on which it was based reflect views on how literature can play a valuable role in helping law students, as well as medical students, understand important legal and ethical issues and concepts in health law and bioethics.

In Part I, Stacey Tovino introduces the parallel fields of “literature and medicine” and “law and literature” and identifies several common approaches to the use of literature, literary non-fiction, and illness narratives in medical and law school curricula. Tovino places current coursework in Law, Literature, and Medicine in its proper historical and pedagogical context.

In Part II, Tom Mayo describes the Law, Literature, and Medicine seminar he offers to third-year law students at Southern Methodist University’s Dedman School of Law and fourth-year medical students at The University of Texas Southwestern Medical School. Mayo examines the features of his course that make it effective, suggests literature that may be used by health law professors who do not have the opportunity to teach a seminar devoted to literature, and comments on the ongoing medical humanities debate.

In Part III, Jennifer Bard describes the Law, Medicine, and Literature course she offered for the first time at Texas Tech University School of Law during the Spring 2008 semester. Bard examines the texts and films she assigned to build a working knowledge of medicine and science and the literature she selected to immerse her students in medico-legal situations with which they were unfamiliar.

Download the article from SSRN at the link.

Brain Science, Learning, and Narrative

Lea B. Vaughn, University of Washington School of Law, has published "Feeling at Home: Learning, Law & Narrative." Here is the abstract.

Brain science, simplified here, suggests that the first task is to “grab” someone’s attention because “better attention always equals better learning.” (Medina 74) One of the features of stories that captures attention better than cases is their emotional content. Emotionally charged events are more likely to capture our attention and to be remembered. A beneficial consequence of the emotional fixation is that it focuses attention on the context and meaning. Studies suggest that this context is the platform that allows later and successive integration of the details. Thus, stories “work” because they focus attention and provide a context for learning the “details,” i.e., the law. Moreover, the same principles that apply to the success of this strategy in the classroom can also bear fruit in the courtroom and in litigation documents.

This paper is designed to complement Prof. O’Neill’s (Univ. of Washington SOL) paper on the use of print media stories about the recent financial crisis to teach contracts. The focus of my paper will be to consider theories and accounts from cognitive as well as evolutionary psychology, neuroscience, and cultural anthropology in order to explain why the use of stories is such an effective teaching and presentation strategy.

Download the paper from SSRN here.

Angels, Demons, and Physics

Some physicists view the new Tom Hanks/Dan Brown thriller Angels & Demons as great publicity for their profession. Read more here in a Chronicle of Higher Education article.

More On the "CSI Effect"

Here's more on the "CSI Effect." Tamara Francita Lawson, St. Thomas University School of Law, has published Before the Verdict and Beyond the Verdict: The 'CSI Infection' within Modern Criminal Jury Trials. Here is the abstract.

In criminal law, the term CSI Effect commonly refers to the perceived impact that the CSI television show has on juror expectation and unexpected jury verdicts. This article coins a new phrase, CSI Infection, by focusing on the significant legal impact that the fear of CSI Infected Jurors has made upon the criminal justice system. The CSI Infection is the ubiquitous It factor that scholars cannot conclusively prove nor effectively explain away. Yet, practitioners overwhelmingly confirm Its impact in criminal jury trials; Its existence, Its true or perceived impact on acquittals and convictions, and how to define It permeates criminal trials. For example, litigators base their motions on It, and build their trial strategies around It, and the legal arguments of trial lawyers on both sides of the case have transformed. Specifically voir dire questions, jury instructions, as well as opening statements and closing arguments have been modified and correspondingly challenged on appeal - all because of the CSI Effect.

Moreover, the phenomenon has forced trial courts to address the evidentiary, procedural, and constitutional issues raised by prosecutors and defense attorneys who fear the perceived dangers that CSI Infected Jurors have upon the ultimate fairness of the jury trial process. Because of the CSI Effect, judges now issue rulings directed at Its operation in cases and give special jury instructions regarding Its role in jurors' decision making. Undoubtedly, the CSI Infection is creating a juridical migraine for trial courts around previously ordinary trial issues and there is no panacea to eradicate It. Notwithstanding Its presence, mandatory due process requirements remain. This article explores the cases, the experiences of litigators, the commentary of jurors, and, most significantly, the trial and appellate court rulings on important constitutional and procedural issues. Scrutinizing these legal issues before the verdict and beyond the verdict attempts to ensure that justice and fairness prevail over any improper prejudice or bias that may have infiltrated the American criminal justice system.

Download the paper from SSRN here.

Michael Crichton Dies

Author Michael Crichton has died. The physician and author (Jurassic Park, The Andromeda Strain, Coma) was 66.

The CSI Effect

Donald E. Shelton, Eastern Michigan University, has published "The 'CSI Effect': Does it Really Exist?" in volume 259 of the National Institute of Justice Journal (2008). Here is the abstract.

Many attorneys, judges, and journalists have claimed that watching television programs like CSI has caused jurors to wrongfully acquit guilty defendants when no scientific evidence has been presented. This so-called effect was promptly dubbed the "CSI effect," laying much of the blame on the popular television series and its progeny. This study of 1027 jurors found that 46 percent expected to see some kind of scientific evidence in every criminal case; 22 percent expected to see DNA evidence in every criminal case; 36 percent expected to see fingerprint evidence in every criminal case; and 32 percent expected to see ballistic or other firearms laboratory evidence in every criminal case. The findings also suggested that expectations for particular types of scientific evidence seemed to be rational based on the type of case.

For all categories of evidence CSI viewers generally had higher expectations than non-CSI viewers but the CSI viewers had higher expectations about scientific evidence that was more likely to be relevant. Interestingly, potential jurors' increased expectations of scientific evidence did not translate into a demand for this type of evidence as a prerequisite for finding someone guilty. Jurors were more likely to find a defendant guilty than not guilty even without scientific evidence if the victim or other witnesses testified, except in the case of rape. On the other hand, if the prosecutor relied on circumstantial evidence, the prospective jurors said they would demand some kind of scientific evidence before they would return a guilty verdict.

There was scant evidence in our survey results that CSI viewers were either more or less likely to acquit defendants without scientific evidence. Only 4 of 13 scenarios showed significant differences between viewers and non-viewers on this issue, and they were inconsistent. In the "every crime" scenario, CSI viewers were more likely to convict without scientific evidence if eyewitness testimony was available. In rape cases, CSI viewers were less likely to convict if DNA evidence was not presented.

In both the breaking-and-entering and theft scenarios, CSI viewers were more likely to convict if there was victim or other testimony, but no fingerprint evidence. Although CSI viewers had higher expectations for scientific evidence than non-CSI viewers, these expectations had little, if any, bearing on the respondents' propensity to convict.

Download the article from SSRN here.

Other scholars and commentators have written about the "CSI Effect." Here are some citations.

Stefan Lovgren, CSI Effect Is Mixed Blessing
Kit D. Roane, The CSI Effect
Jeffrey Toobin, The CSI Effect