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2009

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Health Issues And Aging In American Indian Older Adults: Resilience Through Adversity, Ennis F. Vaile Jan 2009

Health Issues And Aging In American Indian Older Adults: Resilience Through Adversity, Ennis F. Vaile

Graduate Student Theses, Dissertations, & Professional Papers

The average life expectancy of American Indian (AI) older adults has paralleled mainstream aging trends and is set to continue growing as global increases in longevity continue to improve (Jervis, Boland, & Fickenscher, 2010). However, the disproportionately high levels of chronic health conditions (e.g., diabetes, hypertension, cerebrovascular diseases) observed in this group may outstrip the coping resources of some individuals, potentially leading to unsuccessful aging outcomes such as adverse mental health outcomes (specifically depression). As described in Goins and Pilkerton (2010, p. 346), comparatively higher rates of chronic health conditions have created an “expansion of morbidity,” where American Indians are …

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Designing Foreign Tax Credit Rules In China: The Case Of Foreign Loss Limitations, Wei Cui Jan 2009

Designing Foreign Tax Credit Rules In China: The Case Of Foreign Loss Limitations, Wei Cui

All Faculty Publications

Over the last few years, China’s large trade surplus against other countries, as well as its high domestic savings rate even relative to its high investment rate, have resulted in a very substantial foreign currency reserve that puts the country in the position of a significant capital exporter. The huge amount of foreign currency assets held by the Chinese government— near $1.9 trillion at the end of 2008 — and a breathtaking series of acquisitions made by Chinese firms overseas are now salient items in international business reporting and public discussion. China’s new posture as an exporter of capital has …

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Cowboy Jurists & The Making Of Legal Professionalism, W. Wesley Pue Jan 2009

Cowboy Jurists & The Making Of Legal Professionalism, W. Wesley Pue

All Faculty Publications

This paper identifies the origins of modern Canadian legal professionalism in the prairie west during the early twentieth century, arguing for the importance of human agency and emphasizing contingency where others assert trans-historical processes. Lawyers combined agendas which were explicitly moral and reforming with a profound restructuring of their profession. Their efforts to reform the curriculum of formal legal education was part of a cultural project, but so too was their desire to attain self-regulation, monopoly, professional independence, and plenary disciplinary powers. The substantive findings documented here direct our attention to questions of cultural agency and structural revolution that are …

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Security For The 2010 Olympics - The Gap In Police Powers Under Canadian Law, W. Wesley Pue, Robert Diab Jan 2009

Security For The 2010 Olympics - The Gap In Police Powers Under Canadian Law, W. Wesley Pue, Robert Diab

All Faculty Publications

Canadian police lack specific statutory authorization to take measures commonly thought essential to good public order policing. The erection of security fences, creation of designated 'protest areas', restriction of access to public space, surveillance, and search without cause intrude massively into the ordinary freedoms of law-abiding subjects. Such measures may be helpful, perhaps necessary. But no Canadian legislature has ever expressly conferred such powers. They do not reside in the domain of the common law. British Columbia urgently needs a provincial 'Public Order Policing Act' authorizing the creation of police exclusion zones, providing principled and explicit guidance to their proper …

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Necessarily Critical? The Adoption Of A Parody Defence To Copyright Infringement In Canada, Graham Reynolds Jan 2009

Necessarily Critical? The Adoption Of A Parody Defence To Copyright Infringement In Canada, Graham Reynolds

All Faculty Publications

The creation and distribution of parodies promote the fundamental values underlying the constitutionally protected right to freedom of expression. Through parodies, individuals can progress in their “search for political, artistic and scientific truth”, protect their autonomy and self-development, and promote “public participation in the democratic process”. Recognizing the importance of parody to political, social, and cultural life, governments in various jurisdictions have adopted or proposed parody defences to copyright infringement. The Canadian Copyright Act, however, does not contain an explicit parody defence to copyright infringement. Furthermore, no Canadian court has accepted a defence of parody to a claim of copyright …

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Financial Market Destabilization And The Role Of Credit Default Swaps: An International Perspective On The Sec's Role Going Forward, Janis P. Sarra Jan 2009

Financial Market Destabilization And The Role Of Credit Default Swaps: An International Perspective On The Sec's Role Going Forward, Janis P. Sarra

All Faculty Publications

International financial market participants and regulators are watching as the United States attempts to come to grips with the most serious consequences of the crisis in financial markets. Multiple strategies are being used, including bailouts, bank stimulus packages, recapitalization of financial institutions, insolvency restructurings, mortgage programs, guarantees for interbank lending, and direct asset purchases. The causes of the financial turmoil are numerous and complex, but one underlying cause was activities in the credit derivatives market. The fragmentation of regulation over the U.S. financial system, with at least five oversight bodies, has arguably resulted in significant gaps in regulatory oversight. The …

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The Future Of The Grave Breaches Regime: Segregate, Assimilate Or Abandon, James G. Stewart Jan 2009

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 …

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Possibilities And Prospects: The Debate Over A Guaranteed Income, Margot Young, James P. Mulvale Jan 2009

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 …

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Rights, The Homeless, And Social Change: Reflections On Victoria (City) V. Adams (Bcsc), Margot Young Jan 2009

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. …

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Nafta Chapter 11 As Supraconstitution, Stepan Wood, Stephen Clarkson Jan 2009

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 …

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Le Droit Myope, Régine Tremblay Jan 2009

Le Droit Myope, Régine Tremblay

All Faculty Publications

Cet essai présente la violence conjugale comme un enjeu de droit privé et de droit public, comme une problématique qui se situe au confluent de ces deux catégories considérées comme mutuellement exclusives. L'évolution de la perception de I'homosexualité en droit public a transformé notre idée du couple en droit privé. Ceci remet en question notre façon de penser le couple, les individus qui le composent et la violence qui s'y produit.

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Book Review Of Fighting For Political Freedom: Comparative Studies Of The Legal Complex And Political Liberalism, Robert Russo Jan 2009

Book Review Of Fighting For Political Freedom: Comparative Studies Of The Legal Complex And Political Liberalism, Robert Russo

All Faculty Publications

No abstract provided.

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Strong Field Effects On Pulsar Arrival Times: General Orientations, Yan Wang, Teviet Creighton, Richard H. Price, Fredrick A. Jenet Jan 2009

Strong Field Effects On Pulsar Arrival Times: General Orientations, Yan Wang, Teviet Creighton, Richard H. Price, Fredrick A. Jenet

Physics & Astronomy Faculty Publications

A pulsar beam passing close to a black hole can provide a probe of very strong gravitational fields even if the pulsar itself is not in a strong field region. In the case that the spin of the hole can be ignored, we have previously shown that all strong field effects on the beam can be understood in terms of two \"universal\" functions: F(φin) and T(φin) of the angle of beam emission φin; these functions are universal in that they depend only on a single parameter, the pulsar/black hole distance from which the beam is emitted. Here we apply this …

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Educational Travel And Adolescent Development, Ann Saitow Jan 2009

Educational Travel And Adolescent Development, Ann Saitow

Graduate Student Theses, Dissertations, & Professional Papers

Educational travel forms the basis for novel learning experiences that enhance adolescent development by enabling students to make choices about their own survival in an unfamiliar setting. This biological adaptation is driven by stimulation of the midbrain which produces high levels of dopamine, the chemical associated with learning. The elements of educational travel that promote sustained adolescent learning are: clear communication, commitment and action, communal trust and respect, maturity developed through assigned responsibilities and exposure to varied life circumstances, flexibility, and transition back to traditional school environments.

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The Harmful Side Effects Of Drug Prohibition, Randy E. Barnett Jan 2009

The Harmful Side Effects Of Drug Prohibition, Randy E. Barnett

Utah Law Review

An addiction to drug laws is caused by an inadequate understanding of individual rights and the vital role such rights play in deciding matters of legality. As a result, policies are implemented that cause serious' harm to the very individuals whom these policies were devised to help and to the general public. If the rights of individuals to choose how to use their person and possessions are fully respected, there is no guaranty that people will exercise their rights wisely. Some may mistakenly choose the path of finding happiness in a bottle or in a vial. Others may wish to …

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Recreational Drug Regulation: A Plea For Responsibility, Donald A. Dripps Jan 2009

Recreational Drug Regulation: A Plea For Responsibility, Donald A. Dripps

Utah Law Review

This Article has argued that U.S. thinking about drug policy is inconsistent with the criminal law's rejection of any addiction defense and that the criminal law is right to reject that defense. Once society accepts that the choice to use drugs is not categorically different than the choice to consume many other consumer products with dangerous potentials and insidious long-term consequences, it is possible to see how misguided supply-side efforts have been. Supply-side enforcement wastes large quantities of resources with real economic opportunity costs, causes massive reductions in consumer welfare, and addresses the external costs of drug use inefficiently and …

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Prosecutors And Drugs Policy: A Tale Of Six European Systems, Marianne Wade Jan 2009

Prosecutors And Drugs Policy: A Tale Of Six European Systems, Marianne Wade

Utah Law Review

The Symposium that this issue of the Law Journal documents is dedicated to a discussion of drugs and justice in the United States. It is hoped that with this contribution detailing the drug policy and the handling of related cases in several European jurisdictions an opportunity to reflect on certain issues from a different perspective and for discussion will arise. The data presented here stem mostly from a study conducted by the author and a group of researchers across Europe seeking to explore the function of prosecution services within six criminal justice systems: England and Wales, France, Germany, the Netherlands, …

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Validating Victims: Enforcing Victims' Rights Through Mandatory Mandamus, Steven Joffee Jan 2009

Validating Victims: Enforcing Victims' Rights Through Mandatory Mandamus, Steven Joffee

Utah Law Review

The American criminal justice system "has long functioned on the assumption that crime victims should behave like good Victorian children-seen but not heard." I As a result of this assumption, for centuries, crime victims and their families have been excluded from participation in criminal proceedings, often leaving them secondary victims to the very system to which they had turned for justice? In an effort to end this tradition, in October 2004, the United States Congress enacted the "the most sweeping federal victims' rights law in the history of the nation," the Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and …

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Compensating Defrauded Investors While Preserving The Sec's Mission Of Deterrence: A Call For Congress To Counteract The Troubling Consequences Of Stoneridge, Adam Reiser Jan 2009

Compensating Defrauded Investors While Preserving The Sec's Mission Of Deterrence: A Call For Congress To Counteract The Troubling Consequences Of Stoneridge, Adam Reiser

Utah Law Review

In Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc." the U.S. Supreme Court ruled that there is no private cause of action against aiders and abettors to a securities fraud. Instead, the Court ruled that only the Securities and Exchange Commission (SEC) could pursue civil damages against aiders and abettors. This Note reviews the history that led to Stoneridge, and argues that Stoneridge leaves defrauded investors with little or no renledy against the aiders and abettors who wronged them. Additionally, Stoneridge presses unfavorable side effects on the SEC, most notably forcing the SEC to take on an overly broad role as …

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New Frontiers In Family Law: Introduction, Laura T. Kessler Jan 2009

New Frontiers In Family Law: Introduction, Laura T. Kessler

Utah Law Review

A new discussion about families and care is unfolding in family law. Reproductive technologies, globalization, and left-of-center critiques of same-sex marriage offer an especially fertile environment for imagining sex, intimacy, care, and reproduction outside marriage and the nuclear family. These reconceptualizations continue the revisioning enabled by reproducti~e freedom, no-fault divorce, and women's entrance and integration into the workforce. The implications of these trends are significant. What happens to family law when a range of relationships and intimate practices .displace heterosexuaf marriage from the epicenter of thinking about the family? Although the full effects of this diffusion are not yet clear, …

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Who's Afraid Of Polygamy? Exploring The Boundaries Of Family, Equality And Custom In South Africa, Penelope E. Andrews Jan 2009

Who's Afraid Of Polygamy? Exploring The Boundaries Of Family, Equality And Custom In South Africa, Penelope E. Andrews

Utah Law Review

By recognizing the reality of polyganious unions, the South African legislature gives effect to its constitutional promise of allowing everyone to practice the culture or religion 'of their choice. For a pluralist constitutional democracy, such latitude is crucial. But such recognition also suggests that the South African government is not prepared to make the hard choices that are necessary to ensure that the pursuit of gender equality is not derailed. Even though the Act is a celebration of cultural diversity, it also reflects a continued reticence about gender equality. As I've tried to argue in this paper, while polygamy may …

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Pioneers, Probate, Polygamy, And You, Michael Cobb Jan 2009

Pioneers, Probate, Polygamy, And You, Michael Cobb

Utah Law Review

The point is this: as we start to spin out our own wonderful and grotesque ideas about love, marriage, death, and wills, religion, and Marx, we also need to start thinking of marriage and family commitments as wills in and of themselves, pondering the implications of making the family a supeniatural relation of terror, longing, loss, and arrest. The Last Will and Testament that we are always making when we are in families, when we "I do," is shot through with a deep connection between love and property that keeps us wishing that we could survive our deaths. The will …

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The "Opt Out Revolution" And The Changing Narratives Of Motherhood: Self Governing The Work/Family Conflict, Brenda Cossman Jan 2009

The "Opt Out Revolution" And The Changing Narratives Of Motherhood: Self Governing The Work/Family Conflict, Brenda Cossman

Utah Law Review

The self governance discourse of the opt out revolution may thus operate to deflect attention away from the multiple levels of state, market, and family that constitute the terrain of women's choices. However pointing out this obfuscating effect should not be equated with denying the fact of choice. Rather, this Article's argument is that it is precisely the degree of choice operating in these women's lives that makes the narrative so powerful, and so difficult to effectively challenge. Instead of denying the descriptive, analytic, or onnative reality of choice, an effective feminist response may be to shift its analysis to …

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To Die Or Not To Die: The History And Future Of Assisted Suicide Laws In The U.S., Shelly A. Cassity Jan 2009

To Die Or Not To Die: The History And Future Of Assisted Suicide Laws In The U.S., Shelly A. Cassity

Utah Law Review

Throughout United States history, society has viewed assisted suicide unfavorably. Recently, however, Americans seem to be more accepting of the controversial procedure. Although assisted suicide is legal in only three states, it appears that as society grows increasingly comfortable with regulation of the issue, it may be more inclined to allow the practice.

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Two Steps Behind: The Law's Struggle To Keep Pace With The Changing Dynamics Of The American Family, Jason M. Merrill Jan 2009

Two Steps Behind: The Law's Struggle To Keep Pace With The Changing Dynamics Of The American Family, Jason M. Merrill

Utah Law Review

While the dynamics of the U.S. family hav shifted from traditional to alternative, many laws remain centered around trad tional family policy. In areas of the law involving child visitation rights, non-marital cohabitation, and caretaking policies, the focus on traditional family form rather than modem family function has resulted in a failure to fully accommodate the needs of alternative families.

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Grandparent Custody Disputes And Visitation Rights: Balancing The Interests Of The Child, Parents, And Grandparents, Tara Nielson, Robin Bucaria Jan 2009

Grandparent Custody Disputes And Visitation Rights: Balancing The Interests Of The Child, Parents, And Grandparents, Tara Nielson, Robin Bucaria

Utah Law Review

In many cultures, the basic family unit is the extended family-three and even four generations living under the same roof, nurturing the children and caring for the elderly with blended responsibilities. If a mother left behind young children, she felt it was only right for the children to be raised by aunts or grandmothers because that was in the children's best interest. Under the American legal, system, however, the best interest of the child is a judicial etermination that takes into account a myriad of tangible and, intangible factor that are often grounded in outdated cultural norms.

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Our Parents' Keepers: The Current Status Of American Filial Responsibility Laws, Michael Lundberg Jan 2009

Our Parents' Keepers: The Current Status Of American Filial Responsibility Laws, Michael Lundberg

Utah Law Review

The United States, deeply influenced by early sources such as Judeo-Christian theology, as well as Eastern, Roman, and British law, enacted statutes requiring children to provide support for the indigent elderly. The rationale for these laws was based mainly on the filial relationship. between parent and child. However, due to the enactment of several welfare statutes following the 1950s, many states have repealed filial responsibility statutes or do not enforce them, despite continual support from the judiciary and critics who are concemed with the stability of Medicare, Medicaid, and Social Security. The enfocement of such statutes would be beneficial to …

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Elective Surgery-When Parental And Medical Opinion Supersedes A Child's Right To Choose, Danielle Hawkes Jan 2009

Elective Surgery-When Parental And Medical Opinion Supersedes A Child's Right To Choose, Danielle Hawkes

Utah Law Review

In Raising a Woman, I Mary was fourteen when she had an operation that would forever deprive her of the ability to bear a child. In facing this 'surgery, she had no choice in the matter, no option to say no, and no advocate asking what she wanted. She was alone and left without a voice because her physician, and even her own mother, had taken her choice away. When Mary received a hysterectomy, her mother's needs were addressed the monthly anguish in caring for her daughter's menstruation was eliminated, thereby diminishing the extremely difficult turn that her life had …

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Allocating Influence, Heidi Reamer Anderson Jan 2009

Allocating Influence, Heidi Reamer Anderson

Utah Law Review

The environmental crimes program has become an established part of our environmental protection effort. It exists at all levels of government, federal, state, and local. But how do we describe its evolution? There are a number of ways in which this can be done. One, of course, would be to track the case statistics and trends through the years. Another—which is the approach of this essay—would be to focus less upon the cases, as such, and more upon the background developments and issues that have characterized the federal program over time. A pattern emerges in which each successive decade has …

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Extending The Shadow Of The Law: Using Hybrid Mechanisms To Develop Constitutional Norms In Socioeconomic Rights Cases, Brian Ray Jan 2009

Extending The Shadow Of The Law: Using Hybrid Mechanisms To Develop Constitutional Norms In Socioeconomic Rights Cases, Brian Ray

Utah Law Review

As a hybrid process that operates somewhere between pure ADR and pure adjudication—and, indeed oscillates between those extremes—engagement offers a novel and potentially important tool for enforcing socioeconomic rights. That tool falls somewhat short of the call by the Constitutional Courts’ critics for fullfledged judicial interpretation and enforcement, but the same features that make engagement something less than strong court enforcement also enhance its legitimacy.

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