Skip to main content

SEAL News: October 28, 2011 – Publications of Interest

Posted by on Friday, October 28, 2011 in news.

Dear SEAL Members:

As part of SEAL’s continuing effort to keep you informed of developments of potential interest, you will below find information on the following subjects (to which you can quickly hyperlink by clicking on the subject):

Publications of Interest

  1. Articles;
  2. Books;
  3. Special Issues;
  4. Journals;
  5. Blogs;

1) Articles

  1. Herring, David, Evolutionary Theory and Behavioral Biology Research: Implications for Law (2010) [Link]
  2. Herring, David J., Shook, Jeffrey J., Goodkind, Sara & Kim, Kevin H., Evolutionary Theory and Kinship Foster Care: An Initial Test of Two Hypotheses, 38 Cap. U. L. Rev. 291 (2009) [Link]
  3. Shen, Francis et al., “Sorting Guilty Minds” 86 New York University Law Review (forthcoming 2011) [Link]
  4. Kuklin, Bailey, The Natures of Universal Moralities, 75 Brook. L. Rev. 463 (2009) (Symposium: Is Morality Universal, and Should the Law Care?)
  5. Jones, Owen D. and Kurzban, Robert, “Intuitions of Punishment” 77 Chicago Law Review 1633 (2010) [Link]
  6. Robinson, P., Kurzban, R., and Jones, O, “Realism, Punishment & Reform” 77 Chicago Law Review 1611 (2010) [Link]
  7. Jones, Owen D., O’Hara, Erin A. & Stake, Jeffrey Evans, Economics, Behavioral Biology, and Law, 19 Sup. Ct. Econ. Rev. (forthcoming 2012) [Link]
  8. Shen, Francis X. and Jones, Owen D., Brain Scans as Evidence: Truths, Proofs, Lies, and Lessons, 62 Mercer Law Review 861 (Symposium Issue 2011). [Link]
  9. Blumoff, Theodore Y., The Brain Sciences and Criminal Law Norms, Gruter Institute Squaw Valley Conference (2009) [Link]
  10. Blumoff, Theodore Y., How (Some) Criminals are Made, Working Paper Series (2009) [Link]
  11. Blumoff, Theodore Y., The Neuropsychology of Justifications and Excuses: Some Cases from Self-Defense, Duress, and Provocation, 50 Jurimetrics (2010) [Link]
  12. Keane, David, Survival of the Fairest? Evolution and the Geneticization of Rights, Oxford Journal of Legal Studies (2010) [Link]
  13. Saks, Michael J. & Neufeld, Samantha l., Convergent Evolution in Law and Science: The Structure of Decision-making Under Uncertainty, 10 Law, Probability and Risk 133 (2011) [Link]
  14. Taibleson, Rebecca, Negative Reciprocity and Law, 35 Law & Psychol. Rev. 1 (2011)
  15. Katz, Daniel M. & Stafford, Derek K., Hustle and Flow: A Social Network Analysis of the American Federal Judiciary, 71 Ohio St. L.J. 1 (2010)
  16. Shen, Francis X., The Law and Neuroscience Bibliography: Navigating the Emerging Field of Neurolaw, 38 Int’l J. Legal Information 352 (2010)
  17. Jones, Gregory Todd & Yarn, Douglas H., Designing Arbitration: Biological Substrates and Asymmetry in Risk and Reward, Tenn. J. Bus. L. (2011)
  18. Horton, Thomas J., The Coming Extinction of Homo Economicus and The Eclipse of The Chicago School of Antitrust: Applying Evolutionary Biology to Structural and Behavioral Antitrust Analyses, 42 Loy. U. Chi. L.J. 469 (2011)
  19. Scangos, Jennifer W., Instinct and Rationality: An Evolutionary Approach to Intellectual Property Law 15 IPLB 65 (2010)
  20. Richardson, Benjamin J., A Damp Squib: Environmental Law from a Human Evolutionary Perspective, 7 Osgoode CLPE Research Paper Series (2011) [Link]
  21. Fruehwald, Edwin S., When Did Ignorance Become a Point of View?: Postmodern Legal Thought and Behavioral Biology (2011) [Link]
  22. Carbone, June & Cahn, Naomi, Behavioral Biology, the Rational Actor Model, and the New Feminist Agenda, 24 Research in Law and Economics: Law and Economics: Toward Social Justice 189, 190 (Dana L. Gold ed., 2009)
  23. Michael Bommarito & Daniel Katz, A Mathematical Approach to the Study of the United States Code, 389 Physica A (2010)
  24. Torrance, Andrew W., The Evolution and Development of Biolaw (2010) [Link]
  25. Ridgway, James D., The Three Patterns of Human Interaction: Evolutionary Biology and the Convergence of Narrative and Economic Legal Theory (2010) [Link]
  26. Ridgway, James D., Patternicity and Persuasion: Evolutionary Biology as a Bridge between Economic and Narrative Analysis in the Law (January 7, 2011). SIU Law Journal, Forthcoming. [Link]
  27. Zamboni, Mauro, Evolutionary Theory and Legal Positivism: A Possible Marriage (2010) [Link]
  28. Mikhail, John, Evidence from Comparative Criminal Law, 75 Brook. L. Rev. 497 (2009) (Symposium: Is Morality Universal, and Should the Law Care?)
  29. Arnaudo, Luca, Talkin’ about a Revolution – Some Thoughts on Social Science, New Evolutionary Studies, and the Law (2010) [Link]
  30. Buckholtz, Joshua, Asplund, Christopher L., Dux, Paul E., Zald, David H., Gore, John C., Jones, Owen D. and Marois, Rene, The Neural Correlates of Third-Party Punishment (December 11, 2008). Neuron, Vol. 60, pp 940-950, December 2008 [Link] (newly-available on-line)

2) Books

  1. Kurzban, Robert, Why Everyone (Else) Is a Hypocrite: Evolution and the Modular Mind, Princeton University Press (2010)
  2. LaFreniere, Peter, Adaptive Origins: Evolution and Human Development (2010)
  3. Saad, Gad, The Consuming Instinct (2010)
  4. Gommer, Hendrik, A Biological Theory of Law: Natural Law Theory Revisited, Amazon Publishing (2011)
  5. Fruehwald, Scott Edwin, Law and Human Behavior: A Study in Behavioral Biology, Neuroscience, and the Law, Vandeplas Publishing (2011)
  6. Sandra H. Johnson, Joan H. Krause, Richard S. Saver & Robin Fretwell Wilson, Health Law & Bioethics: Cases, Aspen Publishers (2009)

3) Special Issues

    Philosophical Transactions: Special Issue on “Cooperation & Deception: From Evolution to Mechanisms” edited by Sarah Brosnan & Redouan Bshary
    October 27, 2010
    Description:  Nature is full of struggle, as predicted by the theory of evolution through natural selection, yet there are also paramount examples where individuals help each other. These instances of helping have been difficult to reconcile with Darwin’s theory because it is not always obvious how individuals are working for their own direct benefit. Consequently, initial publications that offered solutions to subsets of the observed cases of helping, such as kin selection or reciprocity are among the most influential and most cited papers in evolution / behavioural ecology. During the last few years, a wave of new studies and concepts has considerably advanced our understanding of the conditions under which individuals are selected to help others. On the empirical side, advances are due to stronger incorporation of the natural history of each study species and an emphasis on proximate questions regarding decision making processes. In parallel, theorists have provided more realistic models together with an increased exploration of the importance of life history and ecology in understanding cooperation. The ideas presented by the authors of this volume represent, in many ways, the revolutionary new approach to studying behaviour which is currently underway.

4) Journals

  1. SSRN is pleased to announce four new Legal Scholarship Network (LSN) Sponsored Subject Matter eJournals under Law, Brain & Behavior Journals. Law & Evolution, Law & Neuroscience, Law & Prosociality, and Law, Cognition, & Decisionmaking, are sponsored by Indiana University Maurer School of Law and by the UCLA School of Law at the University of California, Los Angeles.
      Law is concerned with organizing and constraining human behavior. As a result, some model of human behavior, implicit or explicit, underlies legal principles and analysis. Papers in LAW, BRAIN & BEHAVIOR employ conceptual and empirical findings from various disciplines, including neuroscience, evolutionary biology, and experimental psychology, to shed light on how we can best understand law and and use it to guide human behavior in desirable directions.

      View Papers:

      Editor: Jeffrey Evans Stake, Robert A. Lucas Chair of Law, Indiana University Maurer School of Law

      Description: This journal distributes working and accepted paper abstracts with a focus on the intersection of law and evolution in a number of domains. First and foremost, evolutionary psychology and biology provide a model of human behavior that can be helpful in understanding legal rules, critiquing them, and suggesting reforms. Second, understanding the evolution of the biological world is important for constructing legal regimes to address a wide variety of issues, from the environment to medicine. Third, ideas can and often do replicate, becoming “memes,” and their evolution has implications for the law, both because many areas of the law deal with ideas and because laws and legal institutions are themselves evolving replicators. This journal accepts working papers, essays, published articles, experimental and research reports, and other scholarly treatments of topics within the intersection of LAW AND EVOLUTION.


      View Papers:

      Editor: Oliver Goodenough, Professor, Vermont Law School, Fellow, Berkman Center for Internet & Society

      Description: This journal distributes working and accepted paper abstracts with a focus on law and the emerging science of the brain sharing a basic preoccupation: understanding the nature of human thought and action. Law has been had an implicit science of mind; cognitive neuroscience is an explicit version. A sustained academic dialog between these disciplines will lead to advances on each side of the conversation. In particular we desire to increase access to, as well as understanding of, human action. By access we mean an actionable pathway to improving human action. Law will be enriched with better models of thought and behavior and with a tool-kit of applications and interventions for such difficult problems as addiction, mental health, and legal procedure itself. Cognitive science will benefit from the challenge of tackling problems whose solutions could have significant consequences for justice and social welfare. The abstracting journal LAW AND NEUROSCIENCE provides a forum for conducting this exchange. It will accept working papers, essays, published articles, experimental and research reports, and other scholarly treatments of topics at the intersection of law, neuroscience and related disciplines, such as cognitive psychology, economics, and behavioral biology.


      View Papers:

      Editor: Lynn Stout, Professor of Law, University of California, Los Angeles – School of Law

      Description: This journal distributes working and accepted paper abstracts covering various aspects of the many interactions between law and prosocial behavior. Extensive empirical evidence demonstrates that rather than always maximizing their own material self-interest, people often behave prosocially by sacrificing their own material welfare in order to help, and sometimes in order to harm, other people. For example, people often follow legal rules, obey social norms, and show both trust and trustworthiness, even when external sanctions are weak or absent. Papers in LAW AND PROSOCIALITY use data and evidence gathered from neuroscience, experimental and behavioral economics and psychology, and other life and social sciences to shed light on the empirical phenomenon of prosocial behavior and to examine how prosocial behavior depends on, reinforces, and interacts with law and public policy. Legal scholars, behavioral economists, psychologists, policy experts, and other researchers and scholars are encouraged to submit papers that investigate the empirical phenomenon of prosocial behaviors, including behaviors like trust, altruism, cooperation, and altruistic punishment, and their relation to law and social order.


      View Papers:

      Editor: Russell Korobkin, Professor of Law, University of California, Los Angeles – School of Law

      Description: This journal distributes working and accepted paper abstracts at the intersection of research on behavioral decisionmaking and law. Evaluations of existing or potential legal policy require an understanding of how law affects behavior, and an understanding of behavior in turn requires insight into how individuals process information and make decisions. Papers in LAW, COGNITION, and DECISIONMAKING use knowledge of how humans process information to render judgments, form preferences, and make choices for the purpose of informing descriptive and normative analysis of law.

5) Blogs

  1. SEAL members might be interested to know that Robert Kurzban has been discussing issues of potential relevance to SEAL members in his blog at the online journal, Evolutionary Psychology. The blog discusses recent papers that take an evolutionary perspective, in both humans and non-humans, as well as commenting on stories that appear in the popular press about the discipline.
  2. Nita Farahany has begun a daily digest of “law and biosciences” cases at Stanford’s Center for Law And the Biosciences Blog (and the full home at This is a tremendous service for those interested in this area of study.
  3. Biolaw: Law and the Life Science [Link]


[Back to top]