December 12, 2017
The Sixth Annual Health Law Year in P/Review symposium featured leading experts discussing major developments during 2017 and what to watch out for in 2018. The discussion at this day-long event covered hot topics in such areas as health policy under the new administration, regulatory issues in clinical research, law at the end-of-life, patient rights and advocacy, pharmaceutical policy, reproductive health, and public health law.
For more information, visit our website at: http://petrieflom.law.harvard.edu/events/details/sixth-annual-health-law-year-in-p-review
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Francis X. Shen, "Law and Dementia"
1. Law and Dementia
Dr. Francis X. Shen, JD, PhD
:: Petrie-Flom Center, Harvard Law School
:: Harvard MGH Center for Law, Brain & Behavior
:: MacArthur Foundation Research Network on Law &
Neuroscience
:: University of Minnesota Law School
Petrie-Flom Sixth Annual Health Law Year in P/Review
Harvard Law School
December 12, 2017
Photo by Rene Böhmer on Unsplash
2. Disclosure Information
Petrie-Flom Center Health Law Year in Review
December 12, 2017
Dr. Francis X. Shen, JD, PhD
Disclosure of Relevant Financial Relationships
I have no financial relationships to disclose.
Disclosure of Off-Label and/or investigative Uses
I will not discuss off label use and/or investigational use in my
presentation.
5. • Bad News & Good News
• The Challenge of Market Regulation
• The Challenge of Legal Doctrine
• The Challenge of Dementia and
Democracy
Law and Dementia:
Reviewing 2017 // Previewing 2018
6. • Bad News & Good News
• The Challenge of Market Regulation
• The Challenge of Legal Doctrine
• The Challenge of Dementia and
Democracy
Law and Dementia:
Reviewing 2017 // Previewing 2018
24. • Bad News & Good News
• The Challenge of Market Regulation
• The Challenge of Legal Doctrine
• The Challenge of Dementia and
Democracy
Law and Dementia:
Reviewing 2017 // Previewing 2018
27. • Bad News & Good News
• The Challenge of Market Regulation
• The Challenge of Legal Doctrine
• The Challenge of Dementia and
Democracy
Law and Dementia:
Reviewing 2017 // Previewing 2018
28. In 2017, legal doctrine around issues such
as capacity, competency, and undue
influence remained unchanged.
On April 26, 2018, we will begin to revisit
these doctrines in light of new
neuroscientific insights.
29. • Bad News & Good News
• The Challenge of Market Regulation
• The Challenge of Legal Doctrine
• The Challenge of Dementia and
Democracy
Law and Dementia:
Reviewing 2017 // Previewing 2018
40. So what, exactly, is the problem?
The problem is a combination of five factors:
1. Life tenure: Federal judges have life tenure, and politicians have very significant
incumbent advantages.
2. Living longer: Judges and politicians (like everyone else) are living longer than
ever before.
3. Not retiring: But (unlike most) judges and politicians don’t want to spend
retirement sipping mojitos on the beach.
4. Some But Not All Develop Dementia: We know that some subset of these older
judges / politicians are experiencing worse than normal cognitive decline, to the
point where they are no longer processing information sufficiently well to
execute their job functions.
5. Hard to Identify Dementia in Individual Cases: But (unlike many jobs) it’s hard
for us to know if any particular judge or politician is experiencing such cognitive
decline, and the extent to which that decline is affecting job performance.
41. Because we don’t typically have access to
relevant data on individual judges and
politicians, the public and media are left
to guess as to whether a particular judge /
politician has dementia.
In 2018, we ought to address this issue.
42. • Bad News & Good News
• The Challenge of Market Regulation
• The Challenge of Legal Doctrine
• The Challenge of Dementia and
Democracy
Law and Dementia:
Reviewing 2017 // Previewing 2018