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Old And Difficult Grievances: Examining The Relationship Between The Métis And The Crown, Jean Teillet

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The inclusion of section 35 in the Constitution Act, 1982 was intended to address the old and difficult grievances of the Aboriginal peoples of Canada. In particular, it was meant to fundamentally change the relationship between Aboriginal peoples and the Crown. Since 1982, the Supreme Court of Canada has, in a series of more than 35 cases, set out the principles governing the relationship between the Aboriginal peoples of Canada and the Crown. In R. v. Powley, the Court applied those principles to the Métis. The paper examines the historical relationship between the Crown and the Métis and in particular …

What’S The Harm In Having A “Harm Principle” Enshrined In Section 7 Of The Charter?, Paul Burstein

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

To many, if not most, of us, it would seem like “common sense that you do not go to jail unless there is a potential that your activities will cause harm to others....” It has certainly long been accepted that government should not resort to the criminal law to control behaviour unless that behaviour creates a real risk of harm. But what if the government thought otherwise? What if the government decided to criminalize recreational activities that posed a neglible risk of harm to society? What if the government decided to criminalize conduct which, for the vast majority of the …

Piney Point Phosphate Plant: An Environmental Analysis, Carl S. Henderson

USF St. Petersburg campus Honors Program Theses (Undergraduate)

The Piney Point Phosphate Facility declared bankruptcy in late 2000, and in doing so left the state with the "gravest environmental threat ever" in the words of Assistant Director of the Department of Environmental Protection Alan Bidwell. The company that owned Piney Point, Mulberry Phosphate Inc., formed in 1993 with investor capital and management formed from several long term industry executives and phosphate investors. The new conglomerate pledged to run the plant with environmental awareness at all times, in compliance with local and national laws. Mulberry Phosphates Inc. purchased both Piney Point and a still operational mining plant at Mulberry, …

Cultural Diversity Unit Of Lesson Plans, Sarah Larue

USF St. Petersburg campus Honors Program Theses (Undergraduate)

No abstract provided.

All Is Not Lost : Universal Human Rights In A Postmodern World, Joe Roma

USF St. Petersburg campus Honors Program Theses (Undergraduate)

No abstract provided.

Conceptualizing Nature: The Politics Behind Allocating And Utilizing Native Forest Resources In New Zealand, Gregory Stephen Gullette

Journal of Ecological Anthropology

This paper explores the political ecological basis behind events in New Zealand’s sustainable harvesting regime of native forest species on public land. The case study centers on the mandate of the 1999 newly elected Labour-led government to stop all native forest harvesting on Crown-owned land along the West Coast of New Zealand’s South Island. Ethnographic research was conducted from May to July of 2001. This study examined how different members of a given institution or community often have disparate views on logging practices and natural resource conservation while simultaneously exhibiting consensus regarding certain logging and conservation practices. A historical background …

First Nations Perspectives On The Grasslands Of The Interior Of British Columbia, Michael D. Blackstock, Rhonda Mcallister

Journal of Ecological Anthropology

Although the First Nations Elders from the interior of southern British Columbia, Canada, recall times when grass was “belly-high to a horse,” today they worry about the deteriorated state of the grasslands. Using ethnographic and historical research methods, this paper documents recognized First Nations experts’ historical memory of the grasslands. Based on the ethnographic accounts, this paper also attempts to reconstruct the effects of colonization on the grassland ecology and First Nations culture. Secondary sources such as early settlers’ accounts and current grassland ecology research are used to augment the testimony of the experts. Two eras are described: 1) Pre-contact …

Is Incest Next?, Brett Mcdonnell

Articles

No abstract provided.

A New Voice For The Workplace: A Proposal For An American Works Councils Act, Stephen F. Befort

Articles

Surveys show that American workers want more "voice" in the workplace. For the past century, unions have served as the principle voice mechanism for workers, but with the decline of unions, employee voice also has diminished. Section 8(a)(2) of the NLRA compounds this problem by prohibiting most employer-supported programs by which employees "deal with" employers concerning terms and conditions of employment. Both the East and the West offer possible alternative voice mechanisms. Over the past two decades, American employers increasingly have looked to the Japanese experience in adopting quality circles, work teams, and other employee involvement programs. But the growth …

Constitutional Law As "Normal Science", Toni M. Massaro

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Development Of A Self-Report Screening Instrument For Assessing Potential Opioid Medication Misuse In Chronic Pain Patients, Robert J. Gatchel, Laura L. Adams, Richard C. Robinson, Peter Polatin, Noor Gajraj, Martin Deschner, Carl Noe

Psychology Faculty Publications - Archive

This study comprised the first step in the psychometric development of a self-report screening instrument for risk of opioid medication misuse among chronic pain patients. A 26-item instrument, the Pain Medication Questionnaire (PMQ), was constructed based on suspected behavioral correlates of opioid medication misuse, which heretofore have received limited empirical investigation. The PMQ was administered to 184 patients at an interdisciplinary pain treatment center. Reliability coefficients for the PMQ were found to be of moderate but acceptable strength. Construct and concurrent validity were examined through correlation of PMQ scores to measures of substance abuse, physical and psychological functioning, and physicians’ …

Failed Back Surgery Syndrome, Robert J. Gatchel, Brandy Miller, Leland Lou

Psychology Faculty Publications - Archive

Back pain is a widespread public health problem, affecting a staggering 80% of Americans at some point in their lives. Each year, an estimated one out of every 14 people will seek medical care for back or neck pain, amounting to almost 14 million visits annually. Estimated annual costs for direct and indirect treatment range from $20 billion to $60 billion. Back and/or neck pain is cited as the second most common reason for physician visits, and it is estimated that 25% of all work injuries in the U.S. are related to low back pain. Most back pain is acute …

Colorectal Cancer Screening: A Non-Invasive Approach, Amy Beckman Frazier

Masters Theses & Specialist Projects

COLORECTAL CANCER SCREENING: A NON-INVASIVE APPROACH Amy Frazier May, 2004 58 Pages Directed by: Dr. Donna Blackburn, Dr. Patricia Bailey, and Dr. Thomas Nicholson Department of Nursing Western Kentucky University Colorectal cancer (CRC) is the third most common malignant neoplasm worldwide and is expected to affect six percent of Americans within their lifetime (National Cancer Institute, 2003). Clinicians worldwide struggle with selecting the most accurate, cost-effective CRC screening tool. Could a noninvasive screening tool be the answer or part of the answer to the dilemmas surrounding CRC screening? The purpose of this correlational, replication study was to determine whether symptoms …

Teacher Perceptions Of The Impacts Of Environmental Education On The Teaching Process And On Student Learning, Angela Nicole Castelli

Masters Theses & Specialist Projects

TEACHER PERCEPTIONS OF THE IMPACTS OF ENVIRONMENTAL EDUCATION ON THE TEACHING PROCESS AND ON STUDENT LEARNING Angela Nicole Castelli December 2004 (48) Directed by: Terry L. Wilson, Steve L. Spencer, and Raymond A. Poff Department of Physical Education and Recreation Western Kentucky University The Mammoth Cave National Park Environmental Education Partnership (EEP) has worked with schools and teachers to provide the students with curriculum-based environmental education programs on a regular basis throughout the school year. Because of this environmental education partnership, this study addresses the following questions: What are teacher perceptions of the impacts of environmental education on student learning …

A Comparison Of Perceptions Of Students, Parents And School Personnel Regarding Bullying Behavior, Joan Buchar

Masters Theses & Specialist Projects

A COMPARISON OF PERCEPTIONS OF STUDENTS, PARENTS AND SCHOOL PERSONNEL REGARDING BULLYING BEHAVIOR Joan Buchar July 2, 2004 52 Pages Directed by: Richard W. Wilson, J. David Dunn, Lisa L. Lindley Department of Public Health Western Kentucky University Bullying in America's schools is a problem that is, at best, a nuisance and at worst, the suspected cause of school shootings. Bullying is a persistent, physical or psychological abuse of power. It takes many forms from physical assault and name calling to shunning, ridicule or exclusion. The victims are usually powerless to change conditions and often bullying is ignored or dismissed …

Perceptions Of Pediatric Overweight And Weight Management: A Comparison Of Parents And Physicians, Lisa K. Thomason

Masters Theses & Specialist Projects

Pediatric overweight is of paramount importance in Kentucky, as studies show prevalence rates are higher in the state than the national average. Research suggests that comprehensive treatments involving diet training, exercise training, and psychological counseling are most effective at reducing overweight in children. Little research has been done, however, to compare parents' and physicians' perceptions of obesity, its treatment, or barriers to weight management.

The purpose of this study is to examine differences in attitudes toward pediatric obesity and weight management among parents and physicians, specifically related to the importance of diet training, exercise training, and psychological counseling. Surveys were …

Screenshot, Fall Commencement 2004, 2004, University Of South Florida St. Petersburg

USF St. Petersburg Graduations and Commencements

Screenshot from the University of South Florida St. Petersburg with important dates for the Fall 2004 graduation ceremony.

Research, Publication, And Service Patterns Of Florida Academic Librarians, Deborah Boran Henry, Tina M. Neville

USF St. Petersburg Campus Faculty Publications

In an effort to establish benchmarks for comparison to national trends, a web-based survey explored the research, publication, and service activities of Florida academic librarians. Participants ranked the importance of professional activities to the tenure/promotion process. Findings suggest that perceived tenure and promotion demands do influence research productivity.

Designing Educational Opportunities For The Hazards Manager Of The 21st Century: Workshop Report October 22-24, 2003, Deborah S. K. Thomas, Dennis S. Mileti

FMHI Publications

No abstract provided.

Tacking Left: A Radical Critique Of Grutter, Daria Roithmayr

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

International Human Rights Law Perspective On Grutter And Gratz, David Weissbrodt

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Reynolds V. United States: The Historical Construction Of Constitutional Reality, Donald L. Drakeman

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

The Political Battle For The Constitution, H. W. Perry, L. A. Scot Powe

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

The Constitutionality Of The Filibuster, Michael J. Gerhardt

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Book Review Of Perilous Times: Free Speech In Wartime From The Sedition Act Of 1798 To The War On Terrorism, Michael Kent Curtis

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism. By Geoffrey R. Stone. New York. W.W. Norton and Company. 2004. Pp. 730 + xx. Reviewed by: Michael Kent Curtis

Government Policy Towards Innovation In The United States, Canada, And The European Union As Manifested In Patent, Copyright, And Competition Laws, Daniel J. Gifford

Articles

THE United States, Canada, the European Union, Japan and most industrialized nations have adopted patent, copyright and other intellectual property laws. A major or primary purpose of those laws is to foster innovation, including technological innovation. Industrial and technological innovation is generally perceived as a good because technological advances increase a society's productivity, 1 thus increasing its wealth and raising living standards. The major industrialized nations also possess competition laws, one of whose purposes is to preserve, foster and support competitive markets. These nations want to preserve competitive markets because competitive markets help to allocate available resources to their highest …

How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford

Articles

This paper explores the workings of the patent system in the context of the generation of new pharmaceutical products. First it identifies the relevant characteristics of the patent system and its relation to the market. The paper concedes that, in general, the patent system is probably the best way of generating new technology, in substantial part because that system uses the market to provide both incentives and rewards. The paper also identifies downsides of this patent/market system: deadweight loss and the unresponsiveness of that patent/market system to the needs of the poor. The paper then explores the social costs and …

Lessons From The French Funding Debate, Kathryn L. Moore

Law Faculty Scholarly Articles

The French retirement system, like the American social security system, is facing long-term funding difficulties. As a result, the French are debating whether to expand the role of pre-funded retirement plans. The economic arguments presented in this debate are virtually identical to the economic arguments presented in the American debate on whether the American social security system should be partially privatized.

The French and American debates, however, diverge once history and ideology are considered. The French have a history of failed funded pensions in contrast to the United States where the failure of prominent underfunded pension led to the enactment …

History Of Ornithological Exploration Of The Salton Sink, Kimball L. Garrett, Kathy C. Molina, Michael A. Patten

Studies in Avian Biology

No abstract provided.

Waterbird Communities And Associated Wetlands Of The Colorado River Delta, Mexico, Osvel Hinojosa-Huerta, Stephen Destefano, Yamilett Carrillo-Guerrero, William W. Shaw, Carlos Valdes-Castillas

Studies in Avian Biology

No abstract provided.