Amanda Pustilnik | University of Maryland School of Law (original) (raw)

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Papers by Amanda Pustilnik

What would the law do differently if it could see into the black box of the mind? One of the most... more What would the law do differently if it could see into the black box of the mind? One of the most valuable things it might do is reform the ways it deals with pain. Pain is ubiquitous in law, from tort to torture, from ERISA to expert evidence. Yet legal doctrines grapple with pain poorly, embodying concepts that are generations out of date and that cast suspicion on pain sufferers as having a problem that is “all in their heads.” Now, brain-imaging technologies are allowing scientists to see the brain in pain—and to reconceive of many types of pain as neurodegenerative diseases. Brain imaging proves that the problem is in sufferers’ heads: Long-term pain shrinks the brain and changes the way it functions. This new science has immediate practical and theoretical applications for the law. This Article first proposes reforms to disability law doctrines and their judicial interpretation. It then proposes ways in which pain neuroimaging ought to be handled as a matter of expert evidence...

Journal of Health Care Law and Policy, 2015

SSRN Electronic Journal, 2000

Indiana Health Law Review, 2015

Gruter Institute Squaw Valley Conference 2009: Law, …, Jan 1, 2009

Biosocieties, Jan 1, 2006

Cambridge Journals Online (CJO) is the e-publishing service for over 270 journals published by Ca... more Cambridge Journals Online (CJO) is the e-publishing service for over 270 journals published by Cambridge University Press and is entirely developed and hosted in-house. The platform's powerful capacity and reliable performance are maintained by a combination of our own expertise ...

Legal statuses, prohibitions, and protections often turn on the presence and degree of physical p... more Legal statuses, prohibitions, and protections often turn on the presence and degree of physical pain. In legal domains ranging from tort to torture, pain and its degree do important definitional work by delimiting boundaries of lawfulness and of entitlements. The omnipresence of pain in law reminds us of Robert Cover's famous dictum that legal interpretation takes place "on a field of pain and death," i1 and suggests that the law embodies an intuition about the ontological primacy of pain.

BioSocieties, Jan 1, 2006

Yale Symp. L. & Tech., Jan 1, 2000

... Issue Presented The specific issue that the parties in Music Sales presented for resolution w... more ... Issue Presented The specific issue that the parties in Music Sales presented for resolution was whether the executor of an artist's estate could inherit title to copyrights in compositions under the inheritance provisions of section 304 (a)(1)(C) of the 1976 Copyright Act.... This ...

J. Health Care L. & Pol'y, Jan 1, 2012

Yale L. & Pol'y Rev., Jan 1, 2002

... Id. In Bray, this stricter standard led to the adult adoptee being disinherited from the will... more ... Id. In Bray, this stricter standard led to the adult adoptee being disinherited from the will challenged in the case. See also Keegan v. Geraghty, 101 111. ... 21. Eg,Roscoe Pound, Common Law and Legislation, 21 Harv. L. Rev. ...

bepress Legal Series, Jan 1, 2005

Wake Forest L. Rev., Jan 1, 2009

Is there such a thing as a criminally "violent brain"? Does it make sense to speak of "the neurob... more Is there such a thing as a criminally "violent brain"? Does it make sense to speak of "the neurobiology of violence" or the "psychopathology of crime"? Is it possible to answer on a physiological level what makes one person engage in criminal violence and another not, under similar circumstances? Current research in law and neuroscience is promising to answer these questions with a "yes." Some legal scholars working in this area claim that we are close to realizing the "early criminologists' dream of identifying the biological roots of criminality."