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CLE COURSE MATERIALS Table of Contents The Neuroscience and Law Center presents CUTTING-EDGE DEVELOPMENTS IN NEUROSCIENCE AND LAW February 25, 2020 Skadden Conference Center | Fordham Law School CLE COURSE MATERIALS Table of Contents 1. Speaker Biographies (view in document) 2. CLE Materials Panel 1: Ethics and the Brain: How Environment Panel 4: The Law and Ethics of Neuroscientific Affects Behavior and Brain Development Development (Supporting Document) Panel 1-3 Intro and Summary to (Supporting Document) Panel 4 Intro and Summary to CLE Materials. (View in document) CLE Materials. (View in document) (Supporting Document 2) Part 1-3 Intro and Summary to Bakies, Erica. Fordham Law Review: A Glimpse Inside CLE Materials. (View in document) the Brain’s Black Box: Understanding the Role of Neuroscience in Criminal Sentencing. Chapter 1 - Neuroethics Roadmap. Neuroethics Past, (View in document) Present and Future. (View in document) Panel 1 Additional Materials Raine, Adrian; Glenn, Andrea L. Perspectives: Presidential Commission for the Study of Bioethical Issues. Neuroscience and the Law - Science and Society. Gray Matters: Topics at the Intersection of Neuroscience, Neurocriminology: implications for the punishment, Ethics, and Society. (View in document) prediction and prevention of criminal behaviour. (View in document) Grady. Christine; Greely, Henry T.; Ramos, Khara M. Neuroethics in the Age of Brain. Proj ects Raine, Adrian; Leung, Chi-Ching; Singh, Melvinder; (View in document) Kaur, Jasmin. Journal of Experimental Criminology. Omega-3 supplementation in young offenders: a randomized, stratified, double-blind, placebo Panel 2: The Future of Neuroscience and its Moral and controlled, parallel-group trial. (View in document) Ethical Implications Lollini, Andrea. Brain Equality: Legal Implications of Choy, Olivia; Raine, Adrian; Hamilton, Roy H.. The Neurodiversity in a Comparative Perspective. Journal of Neuroscience. Stimulation of the Prefrontal (View in document) Cortex Reduces Intentions to Commit Aggression: A Randomized, Double-Blind, Placebo-Controlled, Chapter 3 - Neuroethics Roadmap. NEUROETHICAL Stratified, Parallel-Group Trial. (View in document) ISSUES AND NEUROTECHNOLOGIES. (View in document) Panel 2 Additional Materials Lyons, D.; Zahra, S. Robotics & Computer Vision Laboratory Department of Computer & Information Panel 3: The Ethics of Trauma, Aging, and Brain Science. Using Taint Analysis and Reinforcement Irregularities Learning (TARL) to Repair Autonomous Robot Chapter 6 - Neuroethics Roadmap. INTEGRATING Software. (View in document) NEUROETHICS AND NEUROSCIENCE. (View in document) Panel 4 Additional Materials Chourdhary, Arabinda Kumar; Sarvaes, Sabah; Slovis, Rosenthal, Hilary. SCANNING FOR JUSTICE: USING Thomas L.; Palusci, Vincent J.; Hedlund, Gary L.; NEUROSCIENCE TO CREATE A MORE Narang, Sandeep K.; Moreno, Joelle Anne; Dias, INCLUSIVE LEGAL SYSTEM. (View in document) Mark S.; Christian, Cindy W.; Nelson Jr., Marvin, D.; Silvera, V. Michelle; Palasis, Susan; Raissaki, Maria; Rossi, Andrea; Offiah, Amaka. Consensus statement Ienca, Marcello; Andorno, Roberto. Towards new human on abusive head trauma in infants and young children rights in the age of neuroscience and neurotechnology. (View in document) (View in document) CLE MATERIALS: PART 1 Center for Neuroscience and Law, Fordham University School of Law Symposium on Cutting-Edge Developments in Neuroscience and Law Introduction These CLE materials were gathered from a 2019 report titled the “Neuroethics Roadmap,” which was created by the BRAIN initiative, a group established under the Obama administration. This memo briefly describes some of the objectives and goals of the BRAIN Initiative, then summarizes three of the report’s chapters (Chapters 1, 3, and 6 assigned for the first three symposium panels respectively). The summary emphasizes in particular discussions concerning ethics in neuroscientific research and the elimination of bias. Neuroethics and the Brain Initiative The White House BRAIN Initiative (Brain Research through Advancing Innovative Neurotechnologies), is a collaborative, public-private research initiative announced by the Obama administration on April 2, 2013.1 BRAIN was established with the goal of supporting the development and application of innovative technologies that can create a dynamic understanding of brain function. By accelerating the development and application of innovative technologies, researchers are more able to produce a revolutionary new dynamic picture of the brain that shows how individual cells and complex neural circuits interact in both time and space. This groundbreaking research allows researchers to understand new ways to treat, cure, and even prevent brain disorders, and hopes to provide greater knowledge on how the brain enables the human body to record, process, utilize, store, and retrieve vast quantities of information, all at the speed of thought. The Initiative unites federal agencies, private foundations, as well as teams of neuroscientists in order to advance knowledge concerning the brain’s billions of neurons and gain greater insights into perception, actions and, ultimately, consciousness. Chapter 1: NEUROETHICS PAST, PRESENT, AND FUTURE The first chapter of the Neuroethics Roadmap examines findings and analyses regarding neuroethics issues in current and potential research as part of the BRAIN Initiative. The chapter declares that brain disease impacts every corner of the globe, but also emphasizes how those impacts “are worsened through health disparities that limit availability of effective treatments to all individuals who could benefit from them.” This highlights the potential for bias in neuroethics. This chapter also considers how insights in neuroscience “are likely to change how we perceive ourselves as individuals and as members of society.” As a result, the Roadmap argues, we must discern how this newfound knowledge will be utilized not only in the classroom, but also 1 Mark Markoff, Obama Seeking to Boost Study of Human Brain, N.Y. Times, Feb. 17, 2013, https://www.nytimes.com/2013/02/18/science/project-seeks-to-build-map-of-human- brain.html?pagewanted=all&_r=0 1 in instances such as “the validity of neuroscience measurements for judging intent or accountability in our legal system, the use of neuroscience insights to mount more persuasive advertising or public service campaigns, the issue of privacy of one’s own thoughts and mental processes in an age of increasingly sophisticated neural ‘decoding’ abilities, and many other questions.” It emphasizes how there is both tremendous opportunity for important research, but with that also arises a “vital role of protecting research participants and guiding against potential malign intent by rogue actors.” Neuroscience has the potential to “reveal core mechanisms that underlie human thoughts, emotions, perceptions, actions, identity, and memories. Ethical questions and challenges are intertwined with this research, the results of which may change what many people view as consciousness, agency, and human nature.” This amount of potentially sensitive information requires an examination of the ethical policies surrounding neuroscience. These policies, principles, and values are referred to as “neuroethics.” “Neuroethics is concerned with ethical, legal, and social issues arising from the conduct, application, and implications of neuroscience and neurotechnologies in a variety of contexts. The International Neuroethics Society defines neuroethics as ‘... a field that studies the implications of neuroscience for human self- understanding, ethics, and policy.’” Issues often emphasized in these kinds of bioethical studies include the ethics of research on animals, data privacy, risk mitigation, and health-care access. Other topics of consideration include privacy, fairness, liberty, personal identity, informed consent, and moral responsibility. The NIH BRAIN Neuroethics Working Group suggested eight neuroethics guiding principles for Institutional Review Boards and others involved in the conduct of BRAIN Initiative- funded research. The Neuroethics Guiding Principles are meant to instruct neuroscientists, particularly BRAIN Initiative-supported researchers, to help them consider the ethical, legal, and societal implications of their work. These principles include: (1) making assessing safety paramount, (2) anticipating special issues related to capacity, autonomy, and agency, (3) protecting the privacy and confidentiality of neural data, (4) attending to possible malign uses of neuroscience tools and neurotechnologies, (5) using caution when moving neuroscience tools and neurotechnologies into medical or non- medical uses, (6) identifying and addressing specific concerns of the public about the brain, (7) encouraging public education and dialogue, and finally (8) behaving justly and share the benefits of neuroscience research and resulting technologies. Chapter 1 concludes by arguing that frameworks such as these are essential in making decisions concerning how not only scientists, but we as a society, obtain and utilize this kind of information. These kinds of neurotechnologies have the potential to greatly affect agency, identity, capacity, and public trust, and risks associated with augmentation, hype, bias, and possible misuse of technologies and data. However, the utilization and integration of this type of knowledge could also greatly benefit scholarship concerning philosophy, psychology, law, theology, sociology, and other areas and “have a powerful, positive impact
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