Will Neuroscience Redefine Mental Injury? Disability Benefit Law, Mental Health Parity Law, and Disability Discrimination Law

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Within the overlapping fields of neurolaw and neuroethics, scholars have given significant attention to the implications of advances in neuroscience for issues in criminal law, criminal procedure, constitutional law, law and religion, tort law, evidence law, confidentiality and privacy law, protection of human subjects, and even the regulation of neuroscience-based technologies. Less attention has been paid, however, to the implications of advances in neuroscience for more traditional civil and regulatory health law issues. In this Article, based on my presentation made at the Indiana University Robert H. McKinney School of Law, Hall Center for Law and Health/Indiana Health Law Review Symposium titled “Will Neuroscience Redefine Mental Injury,” I wanted to provide an update regarding the ways in which neuroscience impacts three different areas within civil and regulatory health law, including public and private disability benefit law, federal mental health parity law, and federal and state disability discrimination law.

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12 Indiana Health L. Rev. 695 (2015).