Digital Commons Network^™

Community Benefits Agreements And Comprehensive Planning: Balancing Community Empowerment And The Police Power, Patricia E. Salkin, Amy Lavine

Scholarly Works

Traditionally, the states have empowered local governments to develop plans and implement regulations for neighborhood and community development. When accomplished at the local or regional level, the interests and benefits of the community as a whole are to be weighed against the detriments to individuals. Much has been studied and written about the lack of meaningful public participation in the planning and land use regulatory process, suggesting that often low-income and minority communities are not fully engaged in the process, even when it may result in decisions negatively impacting their neighborhoods. Case studies have also shown that governments are sometimes …

Whence Tendance? Accepting The Responsibility Of Care For The Chronic Pain Patient, Megan Mcgrew, James Giordano

Student Publications

No abstract provided.

Beyond A Politics Of The Possible? South-North Relations And Climate Justice, Karin Mickelson

All Faculty Publications

This symposium’s issue on ‘Climate Justice and International Environmental Law: Rethinking the North–South Divide’ asks contributors to explore the intersection between law and emerging ideas of climate justice, and how international environmental law is shaped by and in turn reshapes (or fixates, or interrogates) our understandings of the North–South divide. In relation to the former, the author posits that there appears to be a profound disconnect between the law and the politics of climate change, one that reflects a broader disconnect between those who view the challenge posed by climate change through an ethical lens, and those who see it …

Accessing Insolvent Consumer Debtors, Challenges And Strategies For Empirical Research, Janis P. Sarra, Danielle Sarra

All Faculty Publications

Insolvency law policy is best informed by a comprehensive understanding of the policy objectives of particular measures and the practical outcomes of particular choices. Yet there continues to be a lack of empirical research in Canada in respect of consumer insolvency, its underlying causes and its outcomes. Debtors' or bankrupts' experience with the insolvency system is almost impossible to gauge with the data now collected. Research funding for legal, economic and sociological scholars in the insolvency area continues to be very limited. This paper examines current challenges and strategies for empirical research on consumer insolvency in Canada. It explores options …

The Future Of The Grave Breaches Regime: Segregate, Assimilate Or Abandon, James G. Stewart

All Faculty Publications

Grave breaches of the Geneva Conventions are one type of war crime. In this Article, I argue that the grave breaches regime has three possible futures. In the first, the regime remains segregated from other categories of war crimes in deference to the historical development of these crimes. This future, however, is one that will see a relatively dramatic decline in the use of grave breaches in practice, primarily because other offences cover the same acts more efficiently. In the second possible future, the grave breaches are entirely abandoned, but this eventuality seems both improbable and undesirable. Even though judicial …

Possibilities And Prospects: The Debate Over A Guaranteed Income, Margot Young, James P. Mulvale

All Faculty Publications

The idea of a guaranteed income has a long and respectable history in Canadian political and economic thought. Recently, in the face of both wide criticism of the Canadian income security system and growing recognition of the unacceptability of current poverty rates, there has been a resurgence in calls for implementation of a Canadian guaranteed income. But the idea is a controversial one; progressive activists, academics, and politicians disagree about the desirability and the practicality of a guaranteed income. This report: Traces the history of guaranteed income proposals in Canada; Catalogues both the most common reasons supporting advocacy of a …

Rights, The Homeless, And Social Change: Reflections On Victoria (City) V. Adams (Bcsc), Margot Young

All Faculty Publications

Canadian courts have routinely excluded basic social and economic rights from protection under the Canadian Charter of Rights and Freedoms. A recent judgment of the BC Supreme Court - which found that two bylaws of the City of Victoria infringed the section 7 rights of the homeless individuals who had erected temporary shelter when sleeping outside in public space - is an exception to this record. This case comment focuses on three aspects of the decision: 1. the centrality of the debate over negative and positive rights; 2. the Court's configuration of the underlying sociological issue of homelessness; and 3. …

Can Corporate Monitorships Improve Corporate Compliance?, Cristie Ford, David Hess

All Faculty Publications

Over the last few years, prosecutors and SEC enforcement attorneys have increasingly relied on settlement agreements (such as deferred prosecution agreements) to combat securities violations and other corporate criminal acts. Many of these agreements require the use of corporate monitors to oversee the corporation's compliance with the settlement and its implementation of a compliance program to prevent future violations of the law. Although these agreements have received significant attention from legislators and scholars, there has been no investigation into the critically important question of whether or not the use of corporate monitors achieves its intended goals. Based primarily on interviews …

Rethinking Risk: The Relevance Of Condoms And Viral Load In Hiv Nondisclosure Prosecutions, Isabel Grant

All Faculty Publications

An HIV-positive individual who fails to disclose his or her status to a sexual partner may face charges ranging from nuisance to murder for such behaviour, with the most common charges being aggravated assault and aggravated sexual assault. The number of prosecutions in Canada against individuals who fail to disclose their HIV-positive status to their sexual partners has risen over the last ten years. At the same time, scientific advancements in treatment options and our understanding of transmission, condom usage, and viral load are constantly influencing the assessment of the risk that nondisclosure poses to the complainant in any given …

Nafta Chapter 11 As Supraconstitution, Stepan Wood, Stephen Clarkson

All Faculty Publications

More and more legal scholars are turning to constitutional law to make sense of the growth of transnational and international legal orders. They often employ constitutional terminology loosely, in a bewildering variety of ways, with little effort to clarify their analytical frameworks or acknowledge the normative presuppositions embedded in their analysis. The potential of constitutional analysis as an instrument of critique of transnational legal orders is frequently lost in methodological confusion and normative controversy. An effort at clarification is necessary. We propose a functional approach to supraconstitutional analysis that applies across issue areas, accommodates variation in kinds and degrees of …

What Do Meatpackers & Librarians Have In Common? Library Related Injuries And Possible Solutions, Robert E. Kaehr

The Christian Librarian

This article examines the benefit of exercise to alleviate or prevent injuries common to librarians and library staff. The library literature discusses some interventions such as ergonomics and corrective surgery regarding work-related injuries, but it barely mentions prevention especially as it relates to exercise. Insurance claims filed by library workers rack up thousands of dollars each year. In addition, lost time at work to correct work-related injuries adds much frustration and lost production. Alleviating or eliminating many such occurrences is possible by initiating and maintaining simple exercise programs. Numerous exercises are given that if used conscientiously will curtail the need …

Resource Reveiws, Phyllis Fox

The Christian Librarian

No abstract provided.

Adolescent Religiosity As A Protective Factor For Delinquency: Review Of Evidence And A Conceptual Framework For Future Research, Robert D. Laird, Matthew D. Marrero, Loren D. Marks

Faculty Publications

The first section of this chapter reviews evidence showing that although greater religiosity has been associated with less involvement in delinquent and analogous behaviors, the mechanisms and processes through which religiosity is linked too delinquent behavior are not well understood. In the second section of the chapter, a conceptual framework and theory for studying the religion-delinquency association will be presented. The framework adapts and builds on Gottfredson and Hirschi's (1990) General Theory of Crime. The third section of the chapter presents results off the initial study guided by the framework. Data are drawn from a longitudinal study of development during …

Indiana's Latest Study Of The Legal Needs Of The Poor, Amy Applegate, Monica A. Fennell

Articles by Maurer Faculty

No abstract provided.

Child Support And (In)Ability To Pay: The Case For The Cost Shares Model, Pamela Foohey

Articles by Maurer Faculty

Currently enacted child support guidelines primarily focus on maintaining children's economic well-being when a single household is split into two. This article argues that this focus discounts another consideration which, when combined with the current analysis, could further advance children's well-being: the ability of parents to pay. An analysis of payment characteristics demonstrates that lower child support obligations may increase the amount of child support paid on average. Lowering presumptive obligations will make lower-income parents better able and more likely to pay their obligations, thereby increasing the amount of child support paid to lower-income children, while at most only marginally …

Foreward: President Barack Obama Law & Policy Symposium, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Establishing Public Health Security In A Postwar Iraq: Constitutional Obstacles And Lessons For Other Federalizing States, David P. Fidler, Kumanan Wilson, Christopher W. Mcdougall, Harvey Lazar

Articles by Maurer Faculty

The public health consequences of the conflict in Iraq will likely continue after the violence has subsided. Reestablishing public health security will require large investments in infrastructure and the creation of effective systems of governance. On the question of governance, the allocation of powers in the new constitution of Iraq is critical. Given the ease with which public health threats cross borders, the constitution needs to grant to the federal government the legal authority to manage such threats and simultaneously meet international requirements. Unfortunately, the draft constitution does not accomplish this objective. If politically possible, the constitution should be amended …

Enhancing Cultural Competence In Financial Counseling And Planning: Understanding Why Families Make Religious Contributions, Loren D. Marks, David C. Dollahite, Jeffrey P. Dew

Faculty Publications

Some highly religious individuals contribute a relatively high percent of their income (e.g., 10-15% or more) to their faith communities. This study used a racially and religiously diverse sample and employed qualitative methods to investigate why these individuals give. Five themes emerged from the grounded-theory analysis. Four themes concerned why families gave: a) out of a sense of obedience/duty, b) to express thanksgiving and feel joy, c) because they feel that it is a wise investment, and d) to promote social justice and charity. The final theme that emerged was that they give despite their financial challenges. Based on these …

A Report On The 180 Symposium, Roger Dudley, Allen Walshe

Faculty Publications

No abstract provided.

Sprawl In Europe And America, Michael Lewyn

Scholarly Works

Defenders of suburban sprawl assert that sprawl is inevitable in affluent societies, based on trends in Western Europe. According to supporters of this Inevitability Theory, European cities have decentralized and become more car-dependent, thus proving that even where governments are more aggressively anti-sprawl than American government, anti-sprawl policies will be futile.

This Article compares Western Europe to the United States, and criticizes the Inevitabilty Theory on the grounds that:

(1) Europe is in fact far less automobile-dependent than the United States;
(2) Europe has not, contrary to the Inevitability Theory's claims, become more car-dependent and suburbanized in recent years; and …

Audit Standard Setting And Inspection For U.S. Public Companies: A Critical Assessment And Recommendations For Fundamental Change, Steven M. Glover, Douglas F. Prawitt, Mark H. Taylor

Faculty Publications

The Sarbanes-Oxley Act of 2002 (SOX) established the Public Company Accounting Oversight Board (PCAOB) to oversee the public accounting firms that audit publicly traded companies in the U.S. In this commentary we outline why we believe the PCAOB’s audit standard setting and inspection models are inefficient and dysfunctional. We assert that the Board’s ability to achieve its mission is limited by its early choices, together with its incentives, organizational composition, and structure. We support our assertions with a number of indicators of serious problems and flaws in the current approach. We also present high-level recommendations for change for policy makers, …

Legal Transplants Through Private Contracting: Codes Of Vendor Conduct In Global Supply Chains As An Example, Li-Wen Lin

All Faculty Publications

The legal transplant literature typically focuses on legal transplants through governmental channels (e.g., legislative or judiciary processes). This article however directs attention to a generally ignored phenomenon: legal transplants through private contracting in the globalization age. Private actors have transplanted a variety of private and public laws across jurisdictions through contracting for over a decade. This article argues that codes of vendor conduct in global supply chains are a vivid example for this type of legal transplantation. Given that vendor codes in global supply chains can be interpreted as legal transplants through private contracting, this article further examines the transplant …

Nanotechnology And The Tragedy Of The Anticommons: Towards A Strict Utility Requirement, Graham Reynolds

All Faculty Publications

Nanotechnology has been described as a transformative technology that will bring about the next industrial revolution. Over the last few decades, scientists and their research partners have acquired nanotechnology patents in a manner resembling a gold rush. The nanotechnology gold rush has specifically targeted nanomaterials, nanotechnology’s building blocks. Many of the patents that have been granted for nanomaterials are broad, general patents encompassing basic research. A driving force behind the patenting of basic research in nanotechnology was the development-oriented approach to patent rights. This approach emerged in the 1960s and 1970s, and supported the widespread patenting of basic research in …

Economic Rehabilitation: Understanding The Growth In Consumer Proposals Under Canadian Insolvency Legislation, Janis P. Sarra

All Faculty Publications

Economic rehabilitation is the notion underlying Canada’s Bankruptcy and Insolvency Act (BIA), providing consumer debtors with an opportunity for a “fresh start” through the mechanism of bankruptcy or making a proposal to their creditors for payment of their debts on terms that allow them to rehabilitate their financial status. This article undertakes a comparison of consumer proposals and consumer bankruptcies, examining 5,773 individual insolvencies in the past two years, with a view to discerning choices by individual insolvent debtors of insolvency proceeding. It compares causes of financial distress, income levels, quantum of debt and the assets of those filing proposals …

Social Or Academic Language Intervention? You Don’T Have To Choose, Lee Robinson

Faculty Publications

Students with a variety of types of language impairments exhibit deficits that affect both social interactions and academic performance. Two types of theory of mind underlie social and academic language skills: interpersonal and intrapersonal. In this article, the authors describe strategies for developing interpersonal and intrapersonal theory of mind abilities with the goal of promoting the inferencing skills essential for comprehension of social and academic language.

Estimating Dysphonia Severity In Continuous Speech: Application Of A Multi-Parameter Spectral/Cepstral Model, Christopher Dromey, Shaheen N. Awan, Nelson Roy

Faculty Publications

The purpose of the study was to identify a sub-set of spectral/cepstral-based analysis methods that would most effectively predict dysphonia severity (as estimated via auditory-perceptual analysis) in samples of continuous speech. Acoustic estimates of dysphonia severity were used as an objective treatment outcomes measure in a set of pre- vs post-treatment speech samples. Pre- and post-treatment continuous speech samples from 104 females with primary muscle tension dysphonia (MTD) were rated by listeners using a 100 point visual analogue scale (VAS) and analysed acoustically with spectral/cepstral-based measures. Stepwise linear regression produced a three-factor model consisting of the cepstral peak prominence (CPP); …

An In Vivo Model Of External Superior Laryngeal Nerve Paralysis: Laryngoscopic Findings, Christopher Dromey, Michael E. Barton, Marshall E. Smith, Ray M. Merrill, Cara Sauder, Nelson Roy

Faculty Publications

Objectives/Hypothesis: For over 100 years, a controversy has existed regarding the laryngeal signs that should be considered pathognomonic of unilateral external superior laryngeal nerve (ESLN) paralysis. By selectively blocking the ESLN using lidocaine, we attempted to identify the salient laryngeal features associated with acute, unilateral cricothyroid(CT) muscle dysfunction. Study Design: Prospective, repeated measures, experimental design. Methods: Ten vocally normal adult males under-went lidocaine block of the right ESLN with laryngeal electromyography verification. Flexible videolaryngostroboscopic (FVLS) recordings were acquired before and during the block. Eleven blinded, expert judges, rated randomized pre- versus during block recordings of 10 vocal tasks using standardized …

Laryngeal-Level Amplitude Modulation In Vibrato, Christopher Dromey, Lorie Reese, J Arden Hopkin

Faculty Publications

Summary: The goal of this investigation was to test a new methodology for measuring amplitude modulation (AM) at the level of the vocal folds during vibrato in trained singers, because previous research has suggested that AM arises in large part as an acoustic epiphenomenon through an interaction of the harmonics in the laryngeal source with the resonances of the vocal tract as the fundamental frequency oscillates. A within-subjects model was used to compare vocal activity across three pitch and three loudness conditions. Seventeen female singers with a range of training and experience were recorded with a microphone and an electroglottograph …

Articulatory Changes In Muscle Tension Dysphonia: Evidence Of Vowel Space Expansion Following Manual Circumlaryngeal Therapy, Christopher Dromey, Nelson Roy, Shawn L. Nissen, Shimon Sapir

Faculty Publications

In a preliminary study, we documented significant changes in formant transitions associated with successful manual circumlaryngeal treatment (MCT) of muscle tension dysphonia (MTD), suggesting improvement in speech articulation. The present study explores further the effects of MTD on vowel articulation by means of additional vowel acoustic measures. Pre- and post-treatment audio recordings of 111 women with MTD were analyzed acoustically using two measures: vowel space area (VSA) and vowel articulation index (VAI), constructed using the first (F1) and second (F2) formants of 4 point vowels/ ", i, æ, u/, extracted from eight words within a standard reading passage. Pairwise t-tests …

Beyond Aica Riboside: In Search Of New Specific Amp-Activated Protein Kinase Activators, Bruno Guigas, Kei Sakamoto, Nellie Taleux, Sara M. Reyna, Nicolas Musi, Benoit Viollet, Louis Hue

School of Medicine Publications

5-Aminoimidazole-4-carboxamide-1-beta-D-ribofuranoside (AICA riboside) has been extensively used in vitro and in vivo to activate the AMP-activated protein kinase (AMPK), a metabolic sensor involved in both cellular and whole body energy homeostasis. However, it has been recently highlighted that AICA riboside also exerts AMPK-independent effects, mainly on AMP-regulated enzymes and mitochondrial oxidative phosphorylation (OXPHOS), leading to the conclusion that new compounds with reduced off target effects are needed to specifically activate AMPK. Here, we review recent findings on newly discovered AMPK activators, notably on A-769662, a nonnucleoside compound from the thienopyridone family. We also report that A-769662 is able to activate …