Under the umbrella of the burgeoning neurotransdisciplines, scholars are using the principles and research methodologies of their primary and secondary fields to examine developments in neuroimaging, neuromodulation and psychopharmacology. The path for advanced scholarship at the intersection of law and neuroscience may clear if work across the disciplines is collected and reviewed and outstanding and debated issues are identified and clarified. In this article, I organize, examine and refine a narrow class of the burgeoning neurotransdiscipline scholarship; that is, scholarship at (...) the interface of law and functional magnetic resonance imaging (fMRI). (shrink)

BackgroundPersonal health information and biospecimens are valuable research resources essential for the advancement of medicine and protected by national standards and provincial statutes. Research ethics and privacy standards attempt to balance individual interests with societal interests. However these standards may not reflect public opinion or preferences. The purpose of this study was to assess the opinions and preferences of patients with kidney disease about the use of their health information and biospecimens for medical research.MethodsA 45-item survey was distributed to a (...) convenience sample of patients at an outpatient clinic in a large urban centre. The survey briefly addressed sociodemographic and illness characteristics. Opinions were sought on the research use of health information and biospecimens including consent preferences.ResultsTwo hundred eleven of 400 distributed surveys were completed. Respondents were generally supportive of medical research and trusting of researchers. Many respondents supported the use of their information and biospecimens for health research and also preferred consent be sought for use of health information and biospecimens. Some supported the use of their information and biospecimens for research without consent. There were significant differences in the opinions people offered regarding the research use of biospecimens compared to health information. Some respondent perspectives about consent were at odds with current regulatory and legal standards.ConclusionsClinical health data and biospecimens are valuable research resources, critical to the advancement of medicine. Use of these data for research requires balancing respect for individual autonomy, privacy and the societal interest in the greater good. Incongruence between some respondent perspectives and the regulatory standards suggest both a need for public education and review of legislation to increase understanding and ensure the public’s trust is maintained. (shrink)

The stimulant “benefits” of amphetamine and its derivative, methamphetamine, have endured since the drugs first became popular nearly a century ago. The concepts of increasing energy for functional purposes related to work and productivity have been well studied. However, the broader idea of increased alertness, and what this means in the lives of users, has not yet been sufficiently examined. This article draws from ongoing research with active methamphetamine users to explore the perceived benefits, drawbacks, and meanings of remaining alert—awake (...) and vigilant—while most of the world sleeps. The experiences of several users are situated in the contexts of sociostructural and mental health issues that shape cycles of use and meanings of addiction. (shrink)

This article examines the privacy and security issues associated with mobile application-mediated health research, concentrating in particular on research conducted or participated in by independent scientists, citizen scientists, and patient researchers. Building on other articles in this issue that examine state research laws and state data protection laws as possible sources of privacy and security protections for mobile research participants, this article focuses on the lack of application of federal standards to mobile application-mediated health research. As discussed in more detail (...) below, the voluminous and diverse data collected by some independent scientists who use mobile applications to conduct health research may be at risk for unregulated privacy and security breaches, leading to dignitary, psychological, and economic harms for which participants have few legally enforceable rights or remedies under current federal law. Federal lawmakers may wish to consider enacting new legislation that would require otherwise unregulated health data holders to implement reasonable data privacy, security, and breach notification measures. (shrink)

In Tanzania, the encounter between a traditional malady called degedege and the modern malady malaria is a fight to participate in the making of the bodies of women and children as well as the agents that afflict them. In their respective settings,degedege and malaria are considered two of the most common threats to the well-being of pregnant women and their young children. Local, national, and international public-health concerns for the early treatment of malaria compel biomedical practitioners to claim that degedege (...) is malaria. This article explores the power of this translation through an examination of the processes involved in treating degedege and the processes involved in treating malaria. I examine what is gained and what is lost through scientific or public health efforts to translate concepts, objects of practice, and agents of affliction from one form of care to another. (shrink)

In the early 1970s, Congress considered enacting comprehensive privacy legislation, but it was unable to do so. In 1974, it passed the Privacy Act, applicable only to information in the possession of the federal government. In the intervening years, other information privacy laws enacted by Congress, such as the Health Insurance Portability and Accountability Act, have been weak and sector specific. With the explosion of information technology and the growing concerns about an absence of effective federal privacy laws, the legal (...) focus has shifted to the states. Signaling a new direction in state data privacy and consumer protection law, the California Consumer Privacy Act establishes important rights and protections for California residents with regard to the collection, use, disclosure, and sale of their personal information. The CCPA is certain to spur similar legislation and to affect national and international businesses that collect data from California's residents. Understanding the new law is important for all data‐driven industries, including health care. (shrink)

BackgroundResearch Ethics Boards, or Institutional Review Boards, protect the safety and welfare of human research participants. These bodies are responsible for providing an independent evaluation of proposed research studies, ultimately ensuring that the research does not proceed unless standards and regulations are met.Main bodyConcurrent with the growing volume of human participant research, the workload and responsibilities of Research Ethics Boards (REBs) have continued to increase. Dissatisfaction with the review process, particularly the time interval from submission to decision, is common within (...) the research community, but there has been little systematic effort to examine REB processes that may contribute to inefficiencies. We offer a model illustrating REB workflow, stakeholders, and accountabilities.ConclusionBetter understanding of the components of the research ethics review will allow performance targets to be set, problems identified, and solutions developed, ultimately improving the process. (shrink)

Advances in science and technology frequently raise new ethical, legal, and social issues, and developments in neuroscience and neuroimaging technology are no exception. Within the field of neuroethics, leading scientists, ethicists, and humanists are exploring the implications of efforts to image, study, treat, and enhance the human brain.This article focuses on one aspect of neuroethics: the confidentiality and privacy implications of advances in functional magnetic resonance imaging. Following a brief orientation to fMRI and an overview of some of its current (...) and proposed uses, this article highlights key confidentiality and privacy issues raised by fMRI in the contexts of health care, research, employment, insurance, criminal justice, litigation, and cognitive privacy. (shrink)

Advances in neuroscience have implications for criminal law as well as civil and regulatory law, including health, disability, and benefit law. The role of the behavioral and brain sciences in health insurance claims, the mental health parity debate, and disability proceedings is examined.

Ethics review of research involving humans has become something of an institution in recent years. It is intended to protect participants from harm and, to that end, follows rigorous standards. Giv...

_The Infrastructure of Accountability _brings together leading and emerging scholars who set forth an ambitious conceptual framework for understanding the full impact of large-scale, performance-based accountability systems on education. Over the past 20 years, schools and school systems have been utterly reshaped by the demands of test-based accountability. Interest in large-scale performance data has reached an unprecedented high point. Yet most education researchers focus primarily on questions of data quality and the effectiveness of data use. In this bold and thought-provoking (...) volume, the contributors look beneath the surface of all this activity to uncover the hidden infrastructure that supports the production, flow, and use of data in education, and explore the impact of these large-scale information systems on American schooling. These systems, the editors note, “sit at the juncture of technical networks, work practices, knowledge production, and moral order. (shrink)

Mobile devices with health apps, direct-to-consumer genetic testing, crowd-sourced information, and other data sources have enabled research by new classes of researchers. Independent researchers, citizen scientists, patient-directed researchers, self-experimenters, and others are not covered by federal research regulations because they are not recipients of federal financial assistance or conducting research in anticipation of a submission to the FDA for approval of a new drug or medical device. This article addresses the difficult policy challenge of promoting the welfare and interests of (...) research participants, as well as the public, in the absence of regulatory requirements and without discouraging independent, innovative scientific inquiry. The article recommends a series of measures, including education, consultation, transparency, self-governance, and regulation to strike the appropriate balance. (shrink)

Although many people choose to sign consent forms and participate in research, how many thoroughly read a consent form before signing it? Across 3 experiments using 348 undergraduate student participants, we examined whether personality characteristics as well as consent form content, format, and delivery method were related to thorough reading. Students repeatedly failed to read the consent forms, although small effects were found favoring electronic delivery methods and traditional format forms. Potential explanations are discussed and include participant apathy, participants trying (...) to save time by not reading the consent form, and participant assumptions about consent forms. (shrink)

Little research has explored the perceptions of military medical providers in the deployed environment and how their perceptions may change over time across an extended military conflict. To our knowledge, no studies have examined military medical providers’ opinions on readiness for their roles in the post-9/11 contingency operations. What has been published indicates that, during the height of Operation Iraqi Freedom, military medical providers often deployed with little notice and minimal formal training. The present report examines data obtained from multiple (...) cohorts of military medical providers (N = 321) deployed to Iraq between 2005 and 2009. Despite varying degrees of support from the U.S. public, our findings indicate that U.S. Air Force military medical providers’ support for the people of Iraq, their belief in the mission, and their ability to influence change did not vary with time. (shrink)

The literature on deep brain stimulation (DBS) and adaptive DBS (aDBS) raises concerns that these technologies may affect personality, mood, and behavior. We conducted semi-structured interviews with researchers (n = 23) involved in developing next-generation DBS systems, exploring their perspectives on ethics and policy topics including whether DBS/aDBS can cause such changes. The majority of researchers reported being aware of personality, mood, or behavioral (PMB) changes in recipients of DBS/aDBS. Researchers offered varying estimates of the frequency of PMB changes. A (...) smaller majority reported changes in personality specifically. Some expressed reservations about the scientific status of the term ‘personality,’ while others used it freely. Most researchers discussed negative PMB changes, but a majority said that DBS/aDBS can also result in positive changes. Several researchers viewed positive PMB changes as part of the therapeutic goal in psychiatric applications of DBS/aDBS. Finally, several discussed potential causes of PMB changes other than the device itself. (shrink)

This article introduces a process-oriented approach for improving present moment conceptualization in psychotherapy that is in alignment with neuroscience: the Temporospatial movements of mind model. We elaborate on seven temporal movements that describe the moment-to-moment morphogenesis of emotional feelings and thoughts from inception to maturity. Temporal refers to the passage of time through which feelings and thoughts develop, and electromagnetic activity, that among other responsibilities, bind information across time. Spatial dynamics extend from an undifferentiated to three dimensional experiences of emotional (...) and cognitive processes. Neurophysiologically, spatial refers to structures within the brain and their varying interactions with one another. This article culminates in the development of an atheoretical temporospatial grid that may help clinicians conceptualize where patients are in their cognitive and emotional development to further guide technique. (shrink)

Though stereotype threat is most well-known for its ability to hinder performance, it actually has a wide range of effects. For instance, it can also cause stress, anxiety, and doubt. These additional effects are as important and as central to the phenomenon as its effects on performance are. As a result, stereotype threat has more far-reaching implications than many philosophers have realized. In particular, the phenomenon has a number of unexplored “epistemic effects.” These are effects on our epistemic lives—i.e., the (...) ways we engage with the world as actual and potential knowers. In this paper I flesh out the implications of a specific epistemic effect: self-doubt. Certain kinds of self-doubt can deeply affect our epistemic lives by exacerbating moments of epistemic injustice and by interacting with pernicious ideals of rationality. In both cases, self-doubt can lead to a person questioning their own humanity or full personhood. Since we have reasons to believe that stereotype threat can trigger this kind of self-doubt, then stereotype threat can affect various aspects of ourselves besides our ability to perform to our potential. It can also affect our very sense of self. (shrink)

Darwin himself suggested the idea of generalizing the core Darwinian principles to cover the evolution of social entities. Also in the nineteenth century, influential social scientists proposed their extension to political society and economic institutions. Nevertheless, misunderstanding and misrepresentation have hindered the realization of the powerful potential in this longstanding idea. Some critics confuse generalization with analogy. Others mistakenly presume that generalizing Darwinism necessarily involves biological reductionism. This essay outlines the types of phenomena to which a generalized Darwinism applies, and (...) upholds that there is no reason to exclude social or economic entities. (shrink)

Perception and reciprocity are key understandings in the lived experience of driving while using a cellular phone. When I talk on a cell phone while driving, I interpret the world through a variety of technologically mediated perceptions. I interpret the bumps in the road and the bug on the windshield. I perceive the information on the dashboard and the conversation with the Other on the other end of the technological “line” of the phone. This reflection uses hermeneutical phenomenology to address (...) the things themselves in life with which we relate and interact with in our everydayness, as we talk on a cell phone while driving. (shrink)

The contemporary operating environment for deployed United States military operations largely focuses on deployments to predominantly Islamic countries. The differences in cultural values between d...

The popular media has repeatedly pointed to pride as one of the key factors motivating leaders to behave unethically. However, given the devastating consequences that leader unethical behavior may have, a more scientific account of the role of pride is warranted. The present study differentiates between authentic and hubristic pride and assesses its impact on leader ethical behavior, while taking into consideration the extent to which leaders find it important to their self-concept to be a moral person. In two experiments (...) we found that with higher levels of moral identity, authentically proud leaders are more likely to engage in ethical behavior than hubristically proud leaders, and that this effect is mediated by leaders’ motivation to act selflessly. A field survey among organizational leaders corroborated that moral identity may bring the positive effect of authentic pride and the negative effect of hubristic pride on leader ethical behavior to the forefront. (shrink)

This essay provides a critical analysis of early-20th-century American postcards, focusing on the portrayal of black and white children as an aesthetic tool of white supremacy and pedophilic racist pleasures. These representations not only reflected but also perpetuated colonial ideologies and racial stereotypes, directly influencing educational practices and policies, and contributing to a social environment where discrimination and sexualization of children was normalized. The article begins with the contrast in the depiction of white and black children, revealing a pattern in (...) which white children were often fetishized as embodiments of innocence and purity, while black children were subjected to pornified portrayals that reinforced negative stereotypes and sought to ensure the continued intergenerational subjugation of African Americans in the afterlife of slavery. A significant aspect of this analysis delves into the role of the zealous purity crusader Anthony Comstock in shaping societal views on childhood innocence and obscenity during the Progressive Era. As a U.S. postal inspector, Comstock wielded influence over public discourse and policy, particularly through his campaigns against the distribution of what he considered morally objectionable representations. This examination extends to the racial implications of Comstock’s adult-centric actions, exploring how they contributed to the differential treatment of black and white children in both media representations and broader societal contexts. The article argues that these images were not merely passive reflections of societal beliefs; rather, they were active tools used to shape and influence the educational and socialization processes of children, and they contributed to the perpetuation of Jim Crow violence, which was manifested through the sexual assault, castration, and lynching of black youth. Furthermore, this essay examines the broader socio-historical context in which racist and pedophilic images were produced and circulated. These postcards are still trafficked today under the false designation of ‘Black Memorabilia,’ reaching significant prices as vintage collector’s items, but the article reframes them as a genre of child pornography. This perspective critically challenges prevailing narratives that may sanitize or downplay the exploitative and violent nature of these images. This essay urges a reconsideration of these consumer items’ historical significance as instruments intricately complicit in sustaining colonial structures and ideologies surrounding childhood innocence in North America. Within this analytical framework, the dehumanization of black children through pedophilic pornography reflects a long heritage of anti-child violence in Western traditions and the colonial strategy of exploiting children of color as a lucrative mechanism for profit and libidinal pleasure. (shrink)

Lord Acton, in his letter to the contributors to the Cambridge Modern History, wrote: “By Universal History, I understand that which is distinct from the combined histories of all countries … and is not a burden on the memory but an illumination of the soul.” If we replace “history” by the more general term “knowledge,” we get the statement of an ideal cherished by the great men of every age—those lonely pioneers to whom book-learning is an intellectual gloom more treacherous (...) than the natural gloom of night, since it fools men into thinking that it is a light by which men can see. The pioneers in thought, or indeed in any field, have made a secret treaty with nature. They smile with her at the robed and tassled scholar who, “Bewundrung von Kindern und Affen,” can “lecture plausibly about anything and get himself admired by the less learned.” Those pioneers, those men who—as someone has said—have thought according to no one and have made the human race think according to them, see by an intuitive insight, an illumination of the soul. Einstein, in his prologue to Planck's book Where is Science Going?, writes: “There is only the way of intuition. … The state of mind which furnishes the driving power here resembles that of the devotee or the lover. The long-sustained effort is not inspired by any set plan or purpose. It arises from a hunger of the soul.” We have not quoted a poet, but the greatest of mathematical physicists. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas on Faith, Reason, and Charity by Roberto Di CeglieGregory StaceyDI CEGLIE, Roberto. Aquinas on Faith, Reason, and Charity. New York: Routledge, 2022. x + 196 pp. Cloth, $160.00Suppose one wishes to argue that Christian faith (that is, supernatural belief in propositions insofar as they are divinely revealed) is compatible with the proper exercise of reason (that is, forming beliefs through natural cognitive processes). Two strategies suggest themselves. (...) First, one could argue that faith is itself a natural cognitive process or else meets criteria by which natural beliefs are considered rational or appropriate. Alternatively, one might contend that faith can meet its own, independent criteria for rationality or propriety. Thomas Aquinas, whose natural theology and discussion of public evidence that God has revealed himself in Christ are famously robust, may appear to be an exponent of the former strategy. Yet in this volume, Roberto Di Ceglie advances a reading of Thomas that illustrates how faith can support rational enquiry, while remaining independent of it. On this view, faith is "caused mainly by God" and is therefore "at least partly unresponsive to rational criteria."Part 1 begins Di Ceglie's case obliquely, by criticizing both efforts to argue (following Gilson and Maritain) that philosophy can be influenced by Christian faith and recent attempts to explain Aquinas's account of faith and reason. Reviewing the work of commentators including Anthony Kenny, Richard Swinburne, and Eleonore Stump, the author objects that many philosophers hold that for Thomas, faith is primarily a form of propositional belief that should be evaluated for propriety in the same way as natural beliefs. He alleges that this understanding of faith is inherited from Locke, who endorsed "methodological naturalism": the view that appropriate "religious belief can only be taken as the outcome, if any, of a rational exploration of our experience." While this material usefully outlines views which Di Ceglie means to oppose, readers unfamiliar with scholarship on Aquinas and Locke may find these initial chapters difficult to follow.The argument becomes easier to follow in part 2, which provides Di Ceglie's own interpretation of Aquinas. The key third chapter explores Aquinas's definition of faith as "an act of the intellect assenting to the Divine Truth at the command of the will moved by the grace of God" (ST II-II, q. 2, a. 9). It demonstrates that while for Aquinas faith involves firm propositional belief, its certitude derives not from believers' assessment of signs that God has revealed the articles of faith but from their free choice—itself a gift of grace—to embrace those articles. More precisely, in cases of "formed" faith, this choice is motivated by supernatural love for God (charity). Charity's role in Aquinas's religious epistemology is [End Page 547] highlighted in two subsequent chapters. Inter alia, Di Ceglie charges that faith is meritorious principally due to its grounds in charity rather than because the articles of faith are not evidently true. He further claims that Aquinas understood "unformed" faith as merely "faith commonly so called"—that is, natural belief in propositions because one judges that they are testified to by a competent authority. Accordingly, unformed faith lacks perfect confidence because it is merely based on probabilistic evidence that God has revealed the articles of faith, rather than on a strong, loving will to trust God. More generally, the certitude of one's faith is proportionate to the perfection of one's charity.Having developed a reading of Aquinas's religious epistemology that stresses the distinction between faith and reason, in part 3 Di Ceglie considers their positive relationship. First, he attempts to reconcile the apparently opposing views that Aquinas's philosophy is purely an exercise of natural reason, and that his philosophical work was influenced by his Christian faith. Broadly, the charity that grounds formed faith also inspires and enhances rational investigation, although philosophical arguments cannot presume faith's truth. Believers with formed faith, however, should reject positions that contradict faith and seek to revise their philosophical reasoning accordingly. The final chapter argues that Christian faith affords a better position from which to engage in rational reflection than atheism or agnosticism. Among other advantages, faith... (shrink)

This essay uses the 2014 protests in Thailand in which demonstrators silently brandished The Hunger Games’s three-fingered salute as a lens through which to analyze nonverbal communication in contentious politics. Drawing on and extending J.L. Austin’s speech act theory, I explore the conditions of legibility of nonverbal language such as bodily gesture, signs and symbols. While neither verbal nor nonverbal speech guarantees an exact translation between intention and reception, nonverbal utterances operate along a looser terrain of legibility. I contend that (...) the attribution of meaning and intention to the speaker’s nonverbal utterance demands a reflexive consideration from the listener, founding a new community of meaning oriented around a shared context. This interpretive public, with its ambivalent emancipatory potential, is the space of politics. (shrink)