Daily Archives: October 1, 2019

Faculty Spotlight: Professor Demaine and the Law Behind the Mind

In addition to teaching her first-year Torts classes and upper-level courses on Cults & Alternative Religions and seminars, Professor Linda Demaine has developed a body of published work on liability issues and the interplay between the human mind, the law, and the court system.

In The Psychology of Intellectual Property Law, A book written with ASU Law Professor Aaron Fellmeth and due to be published this year, Professor Demaine explores how the law of intellectual property—names, artworks, trademarks, and inventions of the human mind—tracks (and departs from) the science of psychology. Earlier this year, Professor Demaine provided the preface to the book The Psychology of Family Law. There, she discussed the unfortunate limitations on the legal profession’s ability to embrace scientific research in other fields despite the remarkable improvements to judicial understanding of eyewitnesses, confessions, and its potential to improve legal doctrine governing marriage, divorce, and parenthood. Previously, Professor Demaine contributed to The Civil-Military Gap in the United States, a book that explores the potential impact of divergent views between military leaders and civilian elites on U.S. military effectiveness.

Professor Demaine has produced numerous law journal articles. Most recently, in Seeing Is Deceiving: The Tacit Deregulation of Deceptive Advertising, Professor Demaine discussed the potentially misleading impact of federal regulations that concentrate mostly on the truthfulness of words in advertising despite advertisers’ increasing reliance on less-regulated visual images. In Navigating Policy by the Stars: The Influence of Celebrity Entertainers on Federal Lawmaking, she analyzes the problems associated with entertainers testifying in Congress to influence policy. In Search of the Anti-Elephant: Confronting the Human Inability to Forget Inadmissible Evidence examines the threats to justice associated with judicial reliance on instructions to juries to disregard evidence they should not have known of, a practice whose merits are hotly debated but potentially dubious.

Earlier, in “Playing Doctor” with the Patient’s Spouse: Alternative Conceptions of Health Professional Liability she analyzed the effects of refusing to extend to all medical professionals a ban on sexual relations that stands between psychiatrists and psychologists with regard to their patients. Reinventing the Double Helix: A Novel and Nonobvious Reconceptualization of the Biotechnology Patent, a Stanford Law Review piece she co-authored with Professor Fellmeth explored the scope and purpose of patent law, and whether including biochemicals such as naturally occurring DNA sequences that are “isolated and purified” by human ingenuity should be considered intellectual property.

You can read Professor Demaine’s scholarship in the Law Library’s Faculty Scholarship Repository. If you have interest in tort, legal-scientific, or intellectual property research, the reference librarians can help you get started on an article of your own. Stop by the third floor reference desk or make an appointment to Meet with a Librarian.

Andrea Gass, Law Library Fellow