Jennifer A. Chandler

Jennifer A. Chandler
University of Ottawa · Common Law Section

BSc LLB LLM

About

90
Publications
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1,012
Citations

Publications

Publications (90)
Article
Full-text available
Background The COVID-19 pandemic has had a significant impact on the health system worldwide. The organ and tissue donation and transplantation (OTDT) system is no exception and has had to face ethical challenges related to the pandemic, such as risks of infection and resource allocation. In this setting, many Canadian transplant programs halted th...
Article
Controlled donation after circulatory determination of death (cDCDD) is an important strategy for increasing the pool of eligible organ donors.
Article
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Convicted offenders who consent to medical treatment may secure a preferable sentence. They make these decisions within a hybrid medico-legal system that often views offenders as neurobiological subjects and deviant behavior as a medical problem that may be addressed, in part, through biological intervention. In this article, we use Foucault’s conc...
Article
When designing neurotechnologies to assist people with communication disabilities, neuroscientists and engineers must consider both the speaker’s perspective and the listeners’ ability to judge the voluntariness and accuracy of decoded communication. This is particularly important in personally significant communication contexts for which there are...
Article
Experiences of substitute decision-makers with requests for consent to non-therapeutic research participation during the dying process, including to what degree such requests are perceived as burdensome, have not been well described. In this study, we explored the lived experiences of family members who consented to non-therapeutic research partici...
Article
Aim Pre-mortem interventions (PMIs) are performed on patients before the determination of death in order to preserve or enhance the possibility of organ donation. These interventions can be ethically controversial, and we thus undertook a scoping review of the ethical issues surrounding diverse PMIs. Methods Using modified scoping review methods,...
Preprint
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We are now within a rapidly advancing wave of innovation in neurotechnology integrated with artificial intelligence. Among the innovations are neuroprosthetic devices such as adaptive deep brain stimulation systems that detect brain states and adjust stimulation of the brain according to those states, and mind-controlled robotic limbs. These system...
Article
Background The minimum duration of pulselessness required before organ donation after circulatory determination of death has not been well studied. Methods We conducted a prospective observational study of the incidence and timing of resumption of cardiac electrical and pulsatile activity in adults who died after planned withdrawal of life-sustain...
Article
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Neurosurgery for psychiatric disorders (NPD), also sometimes referred to as psychosurgery, is rapidly evolving, with new techniques and indications being investigated actively. Many within the field have suggested that some form of guidelines or regulations are needed to help ensure that a promising field develops safely. Multiple countries have en...
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Alcohol and cannabis use as a contraindication to organ transplantation is a controversial issue. Until recently, patients in Canada with alcohol-associated liver disease (ALD) were required to demonstrate abstinence for 6 months in order to receive a liver transplant. There is no equivalent rule that is applied consistently for cannabis use. There...
Article
Recent advances in neurotechnology allow for an increasingly tight integration of the human brain and mind with artificial cognitive systems, blending persons with technologies and creating an assemblage that we call a hybrid mind. In some ways the mind has always been a hybrid, emerging from the interaction of biology, culture (including technolog...
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Full-text available
Recent advances in neurotechnology allow for an increasingly tight integration of the human brain and mind with artificial cognitive systems, blending persons with technologies and creating an assemblage that we call a hybrid mind. In some ways the mind has always been a hybrid, emerging from the interaction of biology, culture (including technolog...
Article
Full-text available
Recent advances in neurotechnology allow for an increasingly tight integration of the human brain and mind with artificial cognitive systems, blending persons with technologies and creating an assemblage that we call a hybrid mind. In some ways the mind has always been a hybrid, emerging from the interaction of biology, culture (including technolog...
Article
Recent advances in neurotechnology allow for an increasingly tight integration of the human brain and mind with artificial cognitive systems, blending persons with technologies and creating an assemblage that we call a hybrid mind. In some ways the mind has always been a hybrid, emerging from the interaction of biology, culture (including technolog...
Chapter
This chapter explores the complex neuroethical aspects of neurosurgery and neuromodulation in the context of Canadian healthcare and innovation, as seen through the lens of the Pan Canadian Neurotechnology Ethics Consortium (PCNEC). Highlighted are key areas of ethical focus, each with its own unique challenges: technical advances, readiness and ri...
Chapter
We are now within a rapidly advancing wave of innovation in neurotechnology integrated with artificial intelligence. Among the innovations are neuroprosthetic devices such as adaptive deep brain stimulation systems that detect brain states and adjust stimulation of the brain according to those states, and mind-controlled robotic limbs. These system...
Article
PurposeNeurologic determination of death (NDD) is legally accepted as death in Canada but remains susceptible to misunderstandings. In some cases, families request continued organ support after NDD. Conflicts can escalate to formal legal challenges, causing emotional, financial, and moral distress for all involved. We describe prevalence, character...
Article
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A consensus has yet to emerge whether deep brain stimulation (DBS) for treatment-refractory obsessive-compulsive disorder (OCD) can be considered an established therapy. In 2014, the World Society for Stereotactic and Functional Neurosurgery (WSSFN) published consensus guidelines stating that a therapy becomes established when “at least two blinded...
Article
Abstract Recent improvements in virtual reality (VR) allow for the representation of authentic environments and multiple users in a shared complex virtual world in real time. These advances have fostered clinical applications including in psychiatry. However, although VR is already used in clinical settings to help people with mental disorders (e....
Preprint
UNSTRUCTURED Viewpoint Article Abstract: ocial distancing measures due to the Covid-19 pandemic have accelerated the adoption and implementation of digital mental health tools. Psychiatry and therapy sessions are being conducted via video-conferencing platforms and digital mental health tools for monitoring and treatment are exploding in use. This...
Article
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Social distancing measures due to the COVID-19 pandemic have accelerated the adoption and implementation of digital mental health tools. Psychiatry and therapy sessions are being conducted via videoconferencing platforms, and the use of digital mental health tools for monitoring and treatment has grown. This rapid shift to telehealth during the pan...
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We present a qualitative analysis, employing semi-structured interviews and grounded theory, on the perceptions of defense attorneys regarding their roles and duties in contexts involving quasi-coercive offers of biological interventions, such as medication-assisted treatment therapies for opiate dependence or chemical castration, as rehabilitative...
Article
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Introduction In a patient-centred and family-centred approach to organ donation, compassion is paramount. Recent guidelines have called for more research, interventions and approaches aimed at improving and supporting the families of critically ill patients. The objective of this study is to help translate patient-centred and family-centred care in...
Article
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Biomedical interventions, such as pharmacological and neurological interventions, are increasingly being offered or considered for offer to offenders in the criminal justice system as a means of reducing recidivism and achieving offender rehabilitation through treatment. An offender’s consent to treatment may affect decisions about diversion from t...
Chapter
This chapter examines how courts in commonwealth jurisdictions have used neuropsychiatric evidence as a mitigating factor in sentencing, in cases involving (a) drug- and gambling-addicted offenders and (b) offenders prescribed dopaminergic medication for a movement disorder. The authors first examine how courts have approached criminal offending li...
Article
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At various points in the trajectory through the criminal justice system, a person may be encouraged by the hope of legal benefit to consent to medical treatment. This benefit may consist of diversion from prosecution, a favorable sentence, or parole. This form of legal encouragement has been referred to as legal leverage, quasi‐coercive, or quasi‐c...
Article
Full-text available
We present a qualitative analysis, employing semi-structured interviews and grounded theory, on the perceptions of defense attorneys regarding their roles and duties in contexts involving quasi-coercive offers of biological interventions, such as medication-assisted treatment therapies for opiate dependence or chemical castration, as rehabilitative...
Article
Following the rise and fall of lobotomy, a majority of U.S. states took legislative aim at psychosurgical procedures. This article canvasses, organizes, and analyzes the existing body of United States statutes and regulations mentioning psychosurgery. Many states regulate psychosurgery without defining the term; existing definitions are imprecise,...
Article
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Scientists, engineers, and healthcare professionals are currently developing a variety of new devices under the category of brain-computer interfaces (BCIs). Current and future applications are both medical/assistive (e.g., for communication) and non-medical (e.g., for gaming). This array of possibilities comes with ethical challenges for all stake...
Article
Building on Canada’s strong traditions in neuroscience and ethics, neuroethics provides a backbone for the evolving Canadian Brain Research Strategy (CBRS) that, from the outset, incorporates ethically responsible discoveries in brain science into clinical, societal, educational, and commercial innovation.
Article
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Neuroethics research and scholarship intersect with dynamic academic disciplines in science, engineering, and the humanities. On the occasion of the 15th anniversary of the formation of the International Neuroethics Society, we identify current and future topics for neuroethics and discuss the many social and political challenges that emerge from t...
Article
This short article proposes a conceptual structure for “neurolaw,” modeled loosely on the bipartite division of the sister field of neuroethics by Adina Roskies into the “ethics of neuroscience” and the “neuroscience of ethics.” As normative fields addressing the implications of scientific discoveries and expanding technological capacities affectin...
Article
This invited commentary addresses an article by Joy and Weiss and their views on the potential use of sexual advanced directives "… as a theoretical mechanism to assert sexual desire past incapacity …." Their article focuses on the importance of the sexual rights of individuals with neurocognitive disorders, principally dementia, in which there is...
Article
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Brain-controlled prosthetic robots that restore independent activities of daily living to paralyzed people are about to enter everyday life environments (1). The regained ability to grasp a cup of coffee, hand over a credit card, or sign a document with a pen (1) enhances the independence and self-determination of severely paralyzed individuals. Ho...
Article
Background: Families are often asked to consent to the donation of their deceased relative's organs or tissues. These end-of-life conversations are important because they affect consent rates as well as the psychological impact of the decision for families. This scoping review of the literature on requesting family consent was prepared to support...
Article
Given advances in Alzheimer’s disease (AD) research, some experts have proposed a state of “preclinical” AD to describe asymptomatic individuals displaying certain biomarkers. The diagnostic accuracy of these biomarkers remains debated; however, given economic pressures, this “diagnosis” may eventually reach consumers. Since evidence-based preventi...
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This article explores the impact of biological psychiatry as the present dominant frame for understanding mental disorder on legal rules and practices. It begins with a brief overview of biological psychiatry, showing that biological understandings of mental disorder have ancient origins in Western thought, but have ebbed and flowed in popularity o...
Article
Background: Recently, the news media have reported on the discovery of covert awareness and the establishment of limited communication using an fMRI neuroimaging technique with several brain-injured patients thought to have been in a vegetative state. This discovery has raised many ethical, legal and social questions related to quality of life, end...
Data
Supplementary data are available at JLBIOS online.
Article
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ABSTR ACT How does the public view the offer of a biological treatment in lieu of prison for criminal offenders? Using the contrastive vignette technique, we explored this issue, using mixed-methods analysis to measure concerns regarding changing the criminal's personality, the coercive nature of the offer, and the safety of the proposed treatment....
Chapter
This chapter examines the ethics of using persuasive techniques to encourage families to consent to organ donation by their deceased loved ones. We review the literature on the psychological effects of donation on families, and consider when and how the treatment of families in the requesting and donation process might put their future psychologica...
Article
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Preclinical Alzheimer's disease (AD), a newly proposed, actively researched, and hotly debated research-only diagnostic category, raises the prospect of an ethical dilemma: whether, and possibly how, to treat a disorder with no target symptoms. This proposed category rests on the detection of a number of biomarkers thought to provide evidence of AD...
Article
The objective of this chapter is to consider how emerging neuroscience might affect the way that the concept of personal identity is understood and used in the law. This topic is explored using two well-established theoretical approaches to the concept of personal identity. One approach considers the physical and/or psychological criteria for estab...
Article
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This article addresses the question of how neuroscientific evidence is currently used in the Canadian criminal justice system, with a view to identifying the main contexts in which this evidence is raised, as well as to discern the impact of this evidence on judgements of responsibility, dangerousness, and treatability. The most general Canadian le...
Article
The use of phallometric evidence by Canadian criminal courts has steadily increased since the early 1980s. Phallometry was initially considered by courts to be a potentially useful tool in the determination of accused persons' culpability; however, its contemporary use is limited to the postconviction contexts of sentencing and dangerous and long-t...
Article
In the debate on the ethics of the non-medical use of pharmaceuticals for cognitive performance enhancement in healthy individuals there is a clear division between those who view "cognitive enhancement" as ethically unproblematic and those who see such practices as fraught with ethical problems. Yet another, more subtle issue, relates to the relev...
Article
Post-traumatic stress disorder (PTSD) is a “young” disorder formally recognized in the early 1980s, although the symptoms have been noted for centuries particularly in relation to military conflicts. PTSD may develop after a serious traumatic experience that induces feelings of intense fear, helplessness or horror. It is currently characterized by...
Article
Many of those who support organ donation do not register to become organ donors. The use of reciprocity systems, under which some degree of priority is offered to registered donors who require an organ transplant, is one suggestion for increasing registration rates. This article uses a combination of survey and focus group methodologies to explore...
Article
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One of the ethical issues that has been raised recently regarding emerging neurotherapies is that people will be coerced explicitly or implicitly in the workplace or in schools to take cognitive enhancing drugs. This article builds on this discussion by showing how the law may pressure people to adopt emerging neurotherapies. It focuses on a range...
Article
The criminal justice system pressures offenders to consent to rehabilitative treatment by granting legal advantages in exchange for consent. Judicial dispositions do not, however, specify the treatments to be followed. Instead, they order offenders to follow the treatments recommended by their physicians. This makes sense given judicial lack of med...
Article
A priority system is one in which previously registered donors receive a preference in the allocation of organs for transplant ahead of those who have not registered. Supporters justify these systems on the basis that they are fair and will encourage donor registration. This article reviews existing studies of public reactions to priority systems,...
Article
The ideas of technological determinism and the autonomy of technology are long-standing and widespread. This article explores why the use of certain technologies is perceived to be obligatory, thus fueling the fatalism of technological determinism and undermining our sense of freedom vis-à-vis the use of technologies. Three main mechanisms that mig...
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Constitutional arguments regarding the freedom of scientific research often focus on the freedom of speech of researchers, with much less attention to the potential constitutional claims that could be made on behalf of patients who may one day benefit from the fruits of that research. This article explores whether patients have a claim to unimpeded...
Article
Drawing on the debate over ʻthe technological imperativeʼ in the sociology and philosophy of technology, the article suggests several concrete mechanisms that produce the appearance that the use of technology is obligatory – essentially giving individuals ʻan offer they cannot refuseʼ. These mechanisms include competition, adaptation and dependency...
Article
The lifetime probabilities of becoming a deceased organ donor and requiring or receiving an organ transplant are unknown. An actuarial analysis was performed in a representative Canadian sample. Using Canadian organ donation data 1999-2007, provincial waiting list and population census data, actuarial rates were produced that provide the probabilit...
Article
This article discusses whether and when a private provider of spatial data may be liable to pay for damages resulting from physical injury that occurs due to reliance on erroneous spatial data. The existing case law supports the view that some courts will approach harm due to errors in spatial datasets that give rise to physical harm using principl...
Article
For a time, it was common to refer to the internet as the “information highway.” As is common with new technologies, physical infrastructure became a handy metaphor for a complex information system, and in this case the term invoked a parallel between the construction of the national highway systems earlier in the twentieth century and the construc...
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How will the courts react to the emerging technology of detecting deception using neuroscientific methods such as neuro-imaging? The sociological theory of the autonomy of technology suggests that if neuroscientific techniques come to be seen as reliable for this purpose, other objections will soon be abandoned. The history of the judicial reaction...
Article
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New technologies challenge the law in many ways, for example, they extend one’s capacity to harm others and to defend oneself from harm by others. These changes require the law to decide whether we have legal rights to be free from those harms, and whether we may react against those harms extrajudicially through some form of self-help (e.g., self-d...
Article
This short note considers the relationships between human autonomy, both individual and collective, and technology. At the collective level, numerous writers have observed the profound effects on society of technological discoveries — leading to the suggestion that societal mechanisms through which we might seek to make deliberate choices about tec...
Chapter
It is relatively rare for largely scientific collaborations to involve researchers from law, and when this is done, their contributions are often peripheral to the goals of the main project which are to advance scientific or technological knowledge and to develop applied outcomes. GEOIDE Phase IV broke with this tradition by funding a science-led c...
Article
Given the explosion of research on induced pluripotent stem (iPS) cells, it is timely to consider the various ethical, legal, and social issues engaged by this fast-moving field. Here, we review issues associated with the procurement, basic research, and clinical translation of iPS cells.
Article
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Some of the thorniest problems of communications law and policy were supposed to have been solved by the Internet. The issue of who can speak, or access the means of speech, was said to have been solved by the arrival of ubiquitous, relatively cheap access to the Internet. The problem of media concentration was supposed to have been solved now that...
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Due to the concern over identity fraud, data security issues are now attracting growing attention from legislators, legal scholars, and an increasing number of litigants. This article addresses the possibility of using liability in negligence as a means to deter unreasonably careless data security practices as well as to offer compensation to those...
Article
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This article draws on the suggestion that modern technology is "autonomous," in that our social control mechanisms are largely ineffective to control technology, and instead merely adapt society to integrate new technologies. As social control mechanisms, our legal institutions can be examined for consistency with this suggestion. In this article,...
Article
Online reputation systems have become important tools for supporting commercial as well as noncommercial online interactions. But as online users become more and more reliant on these systems, the question of whether the operators of online reputation systems may be legally liable for problems with these systems becomes both interesting and importa...
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This article examines software contracting through the lens of cybersecurity in order to examine a series of terms and practices that arguably reduce the general level of cybersecurity. Part I considers clauses that undermine cybersecurity by suppressing public knowledge about software security vulnerabilities. This is done by preventing research t...
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This multi-author report is the product of collaborative interdisciplinary research about the use of the precautionary and adaptive management principles in administrative decision-making when faced with scientific uncertainty. Using four case studies about genetically modified organisms, pesticides, fisheries and invasive species, the report discu...
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The shortage of organs available for transplantation is a source of much avoidable suffering, loss of life and expense. This shortage has led to many proposals to encourage higher donation rates. Among these proposals is the suggestion that those who register as donors should receive some degree of preference in the allocation of organs should the...
Article
One of the recurring themes in discussions of the cybersecurity problem is the importance of improving software security. Mass-market software is commonly released containing multiple vulnerabilities. Attempts are then made to patch these vulnerabilities in the widely deployed software. The process is expensive and inadequate. It is likely that, fo...
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[Abstract] This paper selects one aspect of the cyber security problem for close analysis, namely that of distributed denial of service attacks ("DDOS"). The positive externality problem of cyber security investment is posed fairly clearly in this context, and the many types of parties implicated in some way in a DDOS attack offer numerous possible...
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The δ subunit of Escherichia coliATP synthase has been expressed and purified, both as the intact polypeptide and as δ′, a proteolytic fragment composed of residues 1–134. The solution structure of δ′ as a five-helix bundle has been previously reported (Wilkens, S., Dunn, S. D., Chandler, J., Dahlquist, F. W., and Capaldi, R. A. (1997) Nat. Struct....
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NMR studies of the delta subunit of the Escherichia coli F1F1-ATPsynthase reveal that it consists of an N-terminal six alpha-helix bundle and a less well ordered C terminus. Both domains are part of one of two separate connections between F-1 and F-0.

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