Digital Commons Network^™

Choices Matter: Human Rights, Economic Solidarity And The 2012 Apsa Meeting, Michael Goodhart

Human Rights & Human Welfare

I believe that because Louisiana’s constitution violates the human rights of many of our colleagues, the American Political Science Association (APSA) should move its 2012 meeting from New Orleans. If it does not do so, I would urge members to boycott (the same applies to the Southern Political Science Association, which meets annually in New Orleans).

Accommodating The Needs Of Iconsumers: Making Sure They Get Their Money’S Worth Of Digital Entertainment, Lucie Guibault

Articles, Book Chapters, & Popular Press

The current methods of distributing music and film on the mass-market, either off-line or on-line, raise two types of consumer protection issues. First, consumers are not always in a position to know what they can and cannot do with their digital hardware and content. A lack of proper information and the ensuing failure of the products to meet the consumer’s expectations inevitably leads to discontent. In addition, as weaker party in the transaction, consumers have often no other choice but to accept or refuse the restrictive terms of use, even if these could be regarded as unfair. This paper examines …

Asking For Money Back - Chilling Commercialization Or Recouping Public Trust In The Context Of Stem Cell Research?, Matthew Herder

Articles, Book Chapters, & Popular Press

As publicly funded institutions have increasingly embraced the goal of commercializing scientific research, concerns about private appropriation have become familiar refrain. One commonly suggested remedy is to create some kind of 'recoupment' provision whereby the State, on behalf of the public, receives a certain percentage of profits realized. The Bayh-Dole Act originally included a recoupment provision but it was deleted by a legislative committee. Countries around the globe attempting to emulate Bayh-Dole have, whether by design or default, reinforced the underlying logic against recoupment, which is essentially as follows: obligations to provide direct financial returns undermine the commercialization process and …

The End(S) Of Self Regulation?, Richard Devlin, Porter Heffernan

Articles, Book Chapters, & Popular Press

Self-regulation is a sacred cow of the Canadian legal profession. The authors question this assumption on several levels and ask whether, in a liberal democratic society such as Canada, self-regulation really is in the public interest. The advantages and disadvantages of self-regulation are discussed in the context of other Commonwealth nations who have moved away from this type of regulatory structure. Though the self-regulation debate has been traditionally viewed as a "one way or the other" argument, calibrated regulation seems to be a possibility in Canada and, in fact, steps have already been taken in this direction. Devlin and Heffernan …

Unilateral Home State Regulation: Imperialism Or Tool For Subaltern Resistance?, Sara L. Seck

Articles, Book Chapters, & Popular Press

Home state reluctance to engage in the regulation of international corporate activities in the human rights context is sometimes expressed as a concern that it would constitute an imperialistic infringement of host state sovereignty. This concern may be explicit, or it may be implicit in an expressed desire to avoid conflict with the sovereignty of foreign states. Yet, in the absence of a multilateral treaty directly addressing business and human rights, a role for home states in regulating so as to prevent and remedy human rights harms is increasingly being suggested. The purpose of this paper is to explore theoretical …

Home State Responsibility And Local Communities: The Case Of Global Mining, Sara L. Seck

Articles, Book Chapters, & Popular Press

Home states that are actively engaged in global mining have considered and rejected calls to regulate the conduct of transnational mining corporations so as to prevent and remedy human rights and environmental harms. This reluctance to regulate is often expressed as a concern that extraterritorial regulation will conflict with the sovereignty of foreign states. This paper argues that the public international law of jurisdiction is permissive of home state regulation that can be justified under the nationality or territoriality principles, provided that there is no true conflict with an exercise of host state jurisdiction. In the human rights and environment …

Arbitrary Detention: Whither - Or Wither? - Section 9, Stephen Coughlan

Articles, Book Chapters, & Popular Press

It is a remarkable fact that more than 25 years after the Canadian Charter of Rights and Freedoms came into effect, we still have no section 9 jurisprudence. It is not that there have been no decisions at all concerning the right not to be arbitrarily detained, of course, but taken in total they do not come anywhere near setting out an analytical framework. This stands in contrast to most other legal rights in the Charter. Section 7 jurisprudence has established the two-step approach to take in assessing claims under that section, including a three-step test for determining whether a …

Power, Parliament And Prorogation: A Canadian Political Drama, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

Rarely have Canadians (or Americans!) been so riveted by political life in Ottawa as during the late days of November and the early days of December, 2008. The nature of this focus on Canada’s Parliament was not the kind of positive energy that surrounded American President-elect Obama’s historic election victory a few weeks before, but rather a negative and nervous energy characterized by disbelief, disgust and surprise. In a time of economic crisis rivaled only by the Great Depression of the 1930s, Canada was being plunged into a political crisis not seen since 1926, when then-Governor General Byng denied then-Prime …

The End Of Constitutional Exemptions, Steve Coughlan

Articles, Book Chapters, & Popular Press

In R. v. Ferguson (reported ante p. 197) the Supreme Court decided that constitutional exemptions are not available as a remedy when a mandatory minimum sentence is said to violate section 12 of the Charter. This is a well reasoned and sensible decision. As mandatory minimum sentences are the context in which the possibility of the constitutional exemption as a Charter remedy has most frequently arisen, as a practical matter Ferguson largely disposes of the issue. Nonetheless, a further clarification at some point that constitutional exemptions are not available in any context, for other violations of section 12 or of …

Unilateral Home State Regulation: Imperialism Or Tool For Subaltern Resistance?, Sara Seck

Articles, Book Chapters, & Popular Press

Home state reluctance to engage in the regulation of international corporate activities in the human rights context is sometimes expressed as a concern that it would constitute an imperialistic infringement of host state sovereignty. This concern may be explicit, or it may be implicit in an expressed desire to avoid conflict with the sovereignty of foreign states. Yet, in the absence of a multilateral treaty directly addressing business and human rights, a role for home states in regulating so as to prevent and remedy human rights harms is increasingly being suggested. The purpose of this paper is to explore theoretical …

Arbitrary Detention: Whither - Or Wither? - Section 9, Steve Coughlan

Articles, Book Chapters, & Popular Press

It is a remarkable fact that more than 25 years after the Canadian Charter of Rights and Freedoms came into effect, we still have no section 9 jurisprudence. It is not that there have been no decisions at all concerning the right not to be arbitrarily detained, of course, but taken in total they do not come anywhere near setting out an analytical framework. This stands in contrast to most other legal rights in the Charter. Section 7 jurisprudence has established the two-step approach to take in assessing claims under that section, including a three-step test for determining whether a …

Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy - A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald

Articles, Book Chapters, & Popular Press

Globalization and the new information economy are putting great stress on western high-wage economies of which Canada is an exemplar. As individuals and together as a society, Canadians are being forced to become more flexible and strategic in adjusting to changing employment opportunities and economic challenges. Meanwhile, governments have shifted from being purveyors of welfare to being supervisors of both markets and decentralized/ privatized public services. Key roles for the government in this new political environment are the sponsorship of mechanisms for autonomous, individual human capital investment as well as for community responses to these emerging economic and social challenges. …

Envisioning The Future Of Aboriginal Health Under The Health Transfer Process, Constance Macintosh

Articles, Book Chapters, & Popular Press

The Canadian government, and many Aboriginal communities, are committed to formally transferring varying aspects of governance responsibilities from federal hands to Aboriginal ones. These transfers take various forms, from creating Aboriginal political bodies with broad sets of governance powers, as was the case with the Nisga'a Treaty of 2000, to more partial transfers of specific powers or responsibilities, or types of responsibilities. One core transfer area is public health programming, for which there are specific and highly developed initiatives dating back to around 1989. Although it is expected that these initiatives will, overall, have very positive effects for improving the …

Bridging The Gap Between Truth And Reconciliation: Restorative Justice And The Indian Residential School Truth And Reconciliation Commission, Jennifer Llewellyn

Articles, Book Chapters, & Popular Press

As suggested by the title Bridging the Gap between Truth and Reconciliation: Restorative Justice and the Indian Residential Schools Truth and Reconciliation Commission, this essay examines the potential gap between truth and reconciliation and suggests that the principles underlying restorative justice provide the necessary bridge. With respect to the goal of reconciling relationships, the author makes it clear that she is speaking of social relationships, not personal relationships. Restorative justice “is not about getting parties to hug and make up; rather, it strives to create the conditions of social relationships in which all parties might achieve meaningful, just, and peaceful …

Health Equity, Hpv And The Cervical Cancer Vaccine, Joanna Erdman

Articles, Book Chapters, & Popular Press

This article explores the relationship between technological innovation and health inequity. It examines in particular the relationship between the vaccine against human papillomavirus (HPV) infection, the cause of cervical cancer, and inequity in cervical cancer incidence and mortality. In Canada, screening programs have drastically reduced the incidence of cervical cancer, but their benefits have been unequally distributed. Prevention efforts have disproportionately failed women of disadvantaged social groups. Technological innovation alone will not remedy this inequity. The HPV vaccine merely expands the available means for reducing or increasing health inequity depending on its implementation. For this reason, the article looks beyond …

Prenatal Management Of Anencephaly, Rebecca J. Cook, Joanna Erdman, Martin Hevia, Bernard M. Dickens

Articles, Book Chapters, & Popular Press

About a third of anencephalic fetuses are born alive, but they are not conscious or viable, and soon die. This neural tube defect can be limited by dietary consumption of foliates, and detected prenatally by ultrasound and other means. Many laws permit abortion, on this indication or on the effects of pregnancy and prospects of delivery on a woman's physical or mental health. However, abortion is limited under some legal systems, particularly in South America. To avoid criminal liability, physicians will not terminate pregnancies, by induced birth or abortion, without prior judicial approval. Argentinian courts have developed means to resolve …

Barriers To Access To Abortion Through A Legal Lens, Jocelyn Downie, Carla Nassar

Articles, Book Chapters, & Popular Press

In addressing whether the procedure for obtaining abortions was operating equitably across Canada, the 1977 Badgley Report concluded that for many women, access to abortion was “practically illusory.” Sadly, although abortion on request became legally permissible for Canadian women in 1988, access to a safe and legal abortion remains practically illusory for many women today. A woman seeking an abortion in Canada must overcome numerous barriers. She must find a way to secure for herself some of the limited resources that our health care system provides for abortion. She must also expend her own, often scarce, personal resources: her time, …

Judicial Reasoning About Pregnancy And Choice, Jocelyn Downie, Chris Kaposy

Articles, Book Chapters, & Popular Press

Women in Canada are at risk of abortion becoming increasingly difficult to access. In its landmark 1988 ruling, R. v. Morgentaler, the Supreme Court of Canada struck down the prohibition of abortion in section 251 of the Criminal Code on the grounds that it violated a section of the Charter of Rights and Freedoms which guarantees, among other things, "security of the person". However, all of the justices who ruled that section 25 unconstitutional nonetheless claimed that protecting the fetus is a valid objective of federal legislation, leaving open the possibility that a different and carefully crafted law against abortion …

The N-Terminus Of Apolipoprotein A-V Adopts A Helix-Bundle Molecular Architecture, Kasuen Wong, J. A. Beckstead, D. Lee, P. M.M. Weers, E. Guigard, C. M. Kay, R. O. Ryan

Faculty Publications

Previous studies of recombinant full-length human apolipoprotein A-V (apoA-V) provided evidence of the presence of two independently folded structural domains. Computer-assisted sequence analysis and limited proteolysis studies identified an N-terminal fragment as a candidate for one of the domains. C-Terminal truncation variants in this size range, apoA-V(1-146) and apoA-V(1-169), were expressed in Escherichia coli and isolated. Unlike full-length apoA-V or apoA-V(1-169), apoA-V(1-146) was soluble in neutral-pH buffer in the absence of lipid. Sedimentation equilibrium analysis yielded a weight-average molecular weight of 18811, indicating apoA-V(1-146) exists as a monomer in solution. Guanidine HCl denaturation experiments at pH 3.0 yielded a one-step …

Diet Of Western Slimy Salamander, Plethodon Albagula (Caudata: Plethodontidae), From Two Mountain Ranges In Arkansas, Joseph Milanovich, Stanley E. Trauth, Tanja Mckay

Biology: Faculty Publications and Other Works

We identified stomach contents of 80 Plethodon albagula (Western Slimy Salamander) from two mountain ranges in Arkansas (Ozark and Ouachita) to examine if regional differences in diet occur. Museum specimens from 1985 to 2005 were used from locations throughout each mountain range. Although a wide variety of prey were found in stomachs, Hymenoptera: Formicidae and Coleoptera: Carabidae were found to be the most important food items in the diet of P. albagula. Ants and beetles constituted 85% abundance of their total diet (79.6% Ozark and 90.1% Ouachita) and 52.2% of their total biomass (42.6% Ozark and 64.1% Ouachita). Seventy-eight and …

An Exploratory Investigation Of The Dramatic Play Of Preschool Children Within A Grocery Store Shopping Context, Jenna M. Drenten, Cara Okleshen Peters, Jane Boyd Thomas

School of Business: Faculty Publications and Other Works

Purpose

Design/methodology/approach

Agency Inaction And The Regulatory Commons Theory: Lessons From New York State's Experience With Dry Cleaner Co-Location , John A. Vassallo Iii

Pace Environmental Law Review

No abstract provided.

Over The Seas, Over The Generations : Narratives Of Multigenerational Korean Women In Japan And Japanese American Women In The United States, Kayoko Aoki

Doctoral Dissertations

unavailable

Beginning In The Midst Of The World : Ethics, Poetics And Social Change On An International Stage, Michael Fontaine

Doctoral Dissertations

unavailable

Historical Memory And Muslim Identity In Andalusia, Sarah Lynn Karp

Honors Theses

This paper concerns the negotiation of the medieval history of Islamic Spain for the purposes of identity creation and Muslim minority integration in Andalucia. The argument challenges essentialist hypotheses positing that history is absolute and demonstrates ‘innate’ characteristics of a culture. It provides an example of a contested national past which involves both periods of conflict and periods of peaceful coexistence. Many of the sources used are original language media sources, including newspaper articles, organization websites, and government documents. Interviews, data, and analysis gathered by Gema Martm-Muhoz, Gunther Dietz, Bebee Bahrami, and Nadia el- Shohoumi are used in conjunction with …

Leaving It On The Field: A Review Of The Bowl Championship Series And Proposal Of A Postseason Playoff To Remedy The Negative Ethical Implications On Higher Education Of The Current Model, Thomas Benton York

Honors Theses

This thesis considers the current format of the postseason for the National Collegiate Athletic Association (NCAA) Division I-Football Bowl Subdivision (FBS), critiques its ethical implications, and proposes a twelve-team postseason playoff to remedy the ethical dilemmas caused by the Bowl Championship Series (BCS) and the commercialization of football at the Division I-FBS level. Research was focused on sports law journals, books detailing the history of college football, transcripts from Congressional hearings, and articles from prominent sports news sources. The first chapter outlines the evolution of college football since the advent of television as mass media and highlights the medium’s direct …

Towards A More Deeply Child-Centered Approach To Child Poverty, Katherine Tyson Mccrea

Social Work: School of Social Work Faculty Publications and Other Works

No abstract provided.

A Delicate Dance: Identity Issues In A Religious Nonprofit Umbrella Organization, Edward J. Gumz

Social Work: School of Social Work Faculty Publications and Other Works

Religious nonprofit social service and health organizations provide care to a large number of people in American communities. To enhance the services that these organizations provide, religious denominations have formed national nonprofit umbrella organizations. Little has been written about these umbrella organizations, their identity, and their functions. Using archival sources and interviews, this article explores the history and development of Lutheran Services in America (LSA), a large, Protestant, national nonprofit umbrella organization. Elements of this organization’s identity are examined—its ongoing efforts to affirm its religious values and goals, its efforts to meet economic needs, and its serving as a forum …

As The Owl Discreet: Essay Towards A Conversation And Carly's Dance A Novel, Vahri Mckenzie

Theses: Doctorates and Masters

This thesis comprises a novel entitled Carly's Dance and an essay entitled As the Owl Discreet. Although separate works, a line runs through them that might be described as an urge to connect; each work, although self-contained, is concerned with the co-existence of opposites, or more precisely, apparent opposites. The essay's title is ironic, borrowed from Hillaire Belloc's perverse verses collected as Cautionary Tales. Discretion is exactly what the thesis tests the bounds of, as do the characters in my novel. And so do I, in using family history to motivate my research.

Louis Vuitton Malletier V. Dooney & Bourke, Inc.: Resisting Expansion Of Trademark Protection In The Fashion Industry, Ashley E. Hofmeister

Journal of Business & Technology Law

No abstract provided.