Learning, Arts, and the Brain: The Dana Consortium Report on Arts and Cognition

Reports findings from multiple neuroscientific studies on the impact of arts training on the enhancement of other cognitive capacities, such as reading acquisition, sequence learning, geometrical reasoning, and memory

Attention and empirical studies of grammar

How is the generation of a grammatical sentence implemented by the human brain? A starting place for such an inquiry lies in linguistic theory. Unfortunately, linguistic theories illuminate only abstract knowledge representations and do not indicate how these representations interact with cognitive architecture to produce discourse. We examine tightly constrained empirical methods to study how grammar interacts with one part of the cognitive architecture, namely attention. Finally, we show that understanding attention as a neural network can link grammatical choice to underlying brain systems. Overall, our commentary supports a multilevel empirical approach that clarifies and expands the connections between cognitive science and linguistics thus advancing the interdisciplinary agenda outlined by Jackendoff

Welfare Polls: A Synthesis

Welfare polls are survey instruments that seek to quantify the determinants of human well-being. Currently, three welfare polling formats are dominant: contingent valuation (CV) surveys, quality-adjusted life year (QALY) surveys, and happiness surveys. Each format has generated a large, specialized, scholarly literature, but no comprehensive discussion of welfare polling as a general enterprise exists.This Article seeks to fill that gap. Part I describes the trio of existing formats. Part II discusses the current and potential uses of welfare polls in governmental decisionmaking. Part III analyzes in detail the obstacles that welfare polls must overcome to provide useful well-being information, and concludes that they can be genuinely informative. Part IV synthesizes the case for welfare polls, arguing against two types of challenges: the revealed-preference tradition in economics, which insists on using behavior rather than surveys to learn about well-being; and the civic republican tradition in political theory, which accepts surveys but insists that respondents should be asked to take a citizen rather than consumer perspective. Part V suggests new directions for welfare polls

New Economic Analysis of Law: Beyond Technocracy and Market Design

This special issue on New Economic Analysis of Law features illuminating syntheses of social science and law. What would law and economics look like if macroeconomics were a concern of scholars now focused entirely on microeconomics? Do emerging online phenomena, such as algorithmic pricing and platform capitalism, promise to perfect economic theories of market equilibrium, or challenge their foundations? How did simplified economic models gain ideological power in policy circles, and how can they be improved or replaced? This issue highlights scholars whose work has made the legal academy more than an “importer” of ideas from other disciplines—and who have, instead, shown that rigorous legal analysis is fundamental to understanding economic affairs.The essays in this issue should help ensure that policymakers’ turn to new economic thinking promotes inclusive prosperity. Listokin, Bayern, and Kwak have identified major aporias in popular applications of law and economics methods. Ranchordás, Stucke, and Ezrachi have demonstrated that technological fixes, ranging from digital ranking and rating systems to artificial intelligence-driven personal assistants, are unlikely to improve matters unless they are wisely regulated. McCluskey and Rahman offer a blueprint for democratic regulation, which shapes the economy in productive ways and alleviates structural inequalities. Taken as a whole, this issue of Critical Analysis of Law shows that legal thinkers are not merely importers of ideas and models from economics, but also active participants, with a great deal to contribute to social science research

Happiness Research and Cost-Benefit Analysis

A growing body of research on happiness or subjective well-being (SWB) shows, among other things, that people adapt to many injuries more rapidly than is commonly thought, fail to predict the degree of adaptation and hence overestimate the impact of those injuries on their SWB, and, similarly, enjoy small or moderate rather than significant changes in SWB in response to significant changes in income. Some researchers believe that these findings pose a challenge to cost-benefit analysis, and argue that project evaluation decision-procedures based on economic premises should be replaced with procedures that directly maximize subjective well-being. This view turns out to be wrong or, at best, premature. Cost-benefit analysis remains a viable decision-procedure. However, some of the findings in the happiness literature can be used to generate valuations for cost-benefit analysis where current approaches have proven inadequate.

Gone in Sixty Milliseconds: Trademark Law and Cognitive Science

Trademark dilution is a cause of action for interfering with the uniqueness of a trademark. For example, consumers would probably not think that Kodak soap was produced by the makers of Kodak cameras, but its presence in the market would diminish the uniqueness of the original Kodak mark. Trademark owners think dilution is harmful but have had difficulty explaining why. Many courts have therefore been reluctant to enforce dilution laws, even while legislatures have enacted more of them over the past half century. Courts and commentators have now begun to use psychological theories, drawing on associationist models of cognition, to explain how a trademark can be harmed by the existence of similar marks even when consumers can readily distinguish the marks from one another and thus are not confused. Though the cognitive theory of dilution is internally consistent and appeals to the authority of science, it does not rest on sufficient empirical evidence to justify its adoption. Moreover, the harms it identifies do not generally come from commercial competitors but from free speech about trademarked products. As a result, even a limited dilution law should be held unconstitutional under current First Amendment commercial-speech doctrine. In the absence of constitutional invalidation, the cognitive explanation of dilution is likely to change the law for the worse. Rather than working like fingerprint evidence--which ideally produces more evidence about already-defined crimes--psychological explanations of dilution are more like economic theories in antitrust, which changed the definition of actionable restraints of trade. Given the empirical and normative flaws in the cognitive theory, using it to fill dilution\u27s theoretical vacuum would be a mistake

Emergence of qualia from brain activity or from an interaction of proto-consciousness with the brain: which one is the weirder? Available evidence and a research agenda

This contribution to the science of consciousness aims at comparing how two different theories can explain the emergence of different qualia experiences, meta-awareness, meta-cognition, the placebo effect, out-of-body experiences, cognitive therapy and meditation-induced brain changes, etc. The first theory postulates that qualia experiences derive from specific neural patterns, the second one, that qualia experiences derive from the interaction of a proto-consciousness with the brain\u2019s neural activity. From this comparison it will be possible to judge which one seems to better explain the different qualia experiences and to offer a more promising research agenda

How do Securities Laws Influence Affect, Happiness, & Trust?

This Article advocates that securities regulators promulgate rules based upon taking into consideration their impacts upon investors\u27 and others\u27 affect, happiness, and trust. Examples of these impacts are consumer optimism, financial stress, anxiety over how thoroughly securities regulators deliberate over proposed rules, investor confidence in securities disclosures, market exuberance, social moods, and subjective well-being. These variables affect and are affected by traditional financial variables, such as consumer debt, expenditures, and wealth; corporate investment; initial public offerings; and securities market demand, liquidity, prices, supply, and volume. This Article proposes that securities regulators can and should evaluate rules based upon measures of affect, happiness, and trust in addition to standard observable financial variables. This Article concludes that the organic statutes of the United States Securities and Exchange Commission are indeterminate despite mandating that federal securities laws consider efficiency among other goals. This Article illustrates analysis of affective impacts of these financial regulatory policies: mandatory securities disclosures; gun-jumping rules for publicly registered offerings; financial education or literacy campaigns; statutory or judicial default rules and menus; and continual reassessment and revision of rules. These regulatory policies impact and are impacted by investors\u27 and other people\u27s affect, happiness, and trust. Thus, securities regulators can and should evaluate such affective impacts to design effective legal policy

A realistic utopia? Critical analyses of The Human Rights State in theory and deployment: Guest editors’ introduction

We introduce this special issue on Benjamin Gregg’s recent theory of a human rights state by contextualising it within current human rights scholarship and explicating its core claims, before we provide an overview of the eight contributions. We argue that the concept of a human rights state addresses two interrelated problems within human rights research by bridging the significant disconnect in the literature between human rights theory and practice. First, it conceives human rights as socially constructed norms whose reach and validity are historically contingent, depending on their free embrace and effective implementation by their local addressees. In this way it dispenses with the ever fruitless, even counterproductive attempts to advance human rights by claims about their putative, ultimate normative foundation. Second, it overcomes the limitations and failures of the top-down, generally unenforceable international human rights regime with a bottom-up alternative: the human rights state as a metaphorical polity in which activists promote human rights-friendly change within the corresponding nation state. In each case of such a metaphorical polity, a network of self-selected activists within the nation state promotes the free embrace of self-authored human rights through incorporating those rights in the nation state’s legal and political system. Subsequently, aspirations to an international human rights law would finally be redeemed as effective norms through the overlapping agreement among more and more political communities that have freely embraced their self-authored human rights and institutionalised them at local levels

Race, Crime, and Institutional Design

Minorities are gravely overrepresented in every stage of the criminal process--from pedestrian and automobile stops, to searches and seizures, to arrests and convictions, to incarceration and capital punishment. While racial data can provide a snapshot of the current state of affairs, such information rarely satisfies questions of causation, and usually only sets the scene for normative theory