Digital Commons Network^™

Taking The Risk Out Of Termination: An Enterprise Risk Management Analysis Of The Normative System Of Employment Standards Challenged By Honda V Keays, Ryan Henry Edmonds

Dalhousie Journal of Legal Studies

Over many years, Canadian courts have crafted a unique body of employment law jurisprudence. The purpose of this paper is to discuss how that jurisprudence was unraveled when the Supreme Court of Canada rendered its decision in Honda v. Keays. That holding, in effect, overturned aspects of Wallace v. United Grain Growers; a case that transformed how non-unionized employees were thought of and treated in Canadian society. This paper examines the analytical underpinnings of wrongful dismissal law’s previous regime on bad faith damages and juxtaposes it to the new regime in Keays, concluding that the shift in focus from employer …

Does The Charter Follow The Flag? Revisiting Constitutional Extraterritoriality After R V Hape, Chanakya Sethi

Dalhousie Journal of Legal Studies

Jacques Maritain, the noted philosopher and political thinker and a principal drafter of the Universal Declaration of Human Rights, once contended that “political philosophy must get rid of the word, as well as the concept, of Sovereignty.” He reasoned as much “not because [sovereignty] is an antiquated concept,” or “because the concept of Sovereignty creates insuperable difficulties and theoretical entanglements in the field of international law,” but because “this concept is intrinsically wrong and bound to mislead us if we keep on using it.” Maritain’s proposal may have been exceedingly bold and his criticisms perhaps too harsh, but they nonetheless …

Risk V Benefits: The Use Of Selective Serotonin Reuptake Inhibitors In Children, Kim Wilton

Dalhousie Journal of Legal Studies

Selective Serotonin Reuptake Inhibitors (SSRIs) are a class of antidepressant medications that came on the market in the late eighties and early nineties. SSRIs were found to be clinically effective in treating clinical depression, and anxiety disorders in adults and had less cumbersome side effects compared to the older Tricyclic antidepressants. The first drug in this class introduced was fluoxetine (Prozac), which was soon followed by paroxetine (Paxil), sertraline (Zoloft), citalopram (Celexa), fluvoxamine (Luvox), and escitalopram (Lexapro). Today the uses of SSRIs have broadened to include treatment for “Post-Traumatic Stress Disorder, pre-menstrual dysphoric disorder, urinary incontinence” and many other seemingly …

The Patentability Of Human Embryonic Stem Cells: Is The Inconsistent Application Of The European Union Biotechnology Directive's Moral Exclusion Clause Undermining Investor Confidence In Europe, Providing A Competitive Advantage To The United States?, Stephen R. Donnelly

Dalhousie Journal of Legal Studies

The original justification for Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the Legal Protection of Biotechnological Inventions (the Directive) was to promote the growth of the European life science sector by harmonizing and clarifying European biotechnology patent laws. As early as 1985, the European Commission had identified the fragmentation of European patent laws as a potential problem. The Directive thus aimed to address obstacles to the unity of the internal market, which would arise if national Member States adopted divergent and uncoordinated policies and legislation in a field of economic activity that …

The Changing Portrayal Of Sir Thomas More’S Life, Gary Cirelli

Quidditas

Sir Thomas More is an important figure in European intellectual history. During his lifetime, he was known throughout Europe as an accomplished thinker, writer, and lawyer. His devotion to the Church, pious lifestyle, and dramatic execution at the hands of Henry VIII made him a Catholic martyr, leading to his canonization in 1935. The facts of his remarkable life, his status among early modern Humanist intellectuals, friendship with Erasmus, his written works, like his famous Utopia, make it unsurprising that numerous scholars have written about More and analyzed his works. However, many of these scholars do not fully address …

How Goliath Won: The Future Implications Of Dukes V. Wal-Mart, Suzette M. Malveaux

Publications

No abstract provided.

Who Killed The Hybrid Car? State And Local Green Incentive Programs After Metropolitan Taxicab V. City Of New York, Jonathan Skinner

Publications

Unnecessarily broad preemption ruling under the Energy Policy and Conservation Act discourages other states and municipalities from pursuing innovative, environmentally beneficial policies.

Jonathan Edwards's Metaphors Of Sin In Indian Country, Joy A. J. Howard

Religion in the Age of Enlightenment

T he move to Indian country was an uncommon one for a preacher of Jonathan Edwards's status and age, but the seven years he lived in Stockbridge preaching to Mohawks, Mahicans, and colonial settlers proved to be some of the most fruitful of his career. Jonathan Edwards accepted the position in Stockbridge after his Northampton congregation voted to dismiss him in 1750 and, after visiting the mission town multiple times, he was officially installed as pastor in August of 1751. Edwards valued Protestant mission imperatives, and although the pastorate was remote and he faced a significant language barrier between him …

The Effect Of Optional Summer Transition To High School Program Participation And Required School Year Long Placement On A Core Content Team On Ninth-Grade Students At-Risk Measured Achievement, Engagement, And Behavior Outcomes, Frances K. Pokorski

Student Work

No significant difference in beginning ninth-grade pretest compared to ending ninth-grade posttest comparisons of American History t (17) = 0.34, p = .37 (one-tailed), d = 0.09, English t (17) = 1.40, p = .09 (one-tailed), d = 0.34, and Biology (t (17) = -1.58, p = .07 (one-tailed), d = -0.22, course grade scores were observed for students at-risk who accepted optional summer transition to high school program participation and completed the required school year long placement on a core content team. Students at-risk who refused optional summer transition to high school program participation but completed the required …

Nitrogen Addition Shapes Soil Phosphorus Availability In Two Reforested Tropical Forests In Southern China, Xiankai Lu, Jiangming Mo, Frank S. Gilliam, Hua Fang, Feifei Zhu, Yunting Fang, Wei Zhang, Juan Huang

Biological Sciences Faculty Research

Scant information is available on how soil phosphorus (P) availability responds to atmospheric nitrogen (N) deposition, especially in the tropical zones. This study examined the effect of N addition on soil P availability, and compared this effect between forest sites of contrasting land-use history. Effects of N addition on soil properties, litterfall production, P release from decomposing litter, and soil P availability were studied in a disturbed (reforested pine forest with previous understory vegetation and litter harvesting) and a rehabilitated (reforested mixed pine/broadleaf forest with no understory vegetation and litter harvesting) tropical forest in southern China. Experimental N-treatments (above ambient) …

Genetic Diversity In Proteolytic Enzymes And Amino Acid Metabolism Among Lactobacillushelveticus Strains, Jeff Broadbent, H. Cai, R. L. Larsen, J. E. Hughes, D. L. Welker, V. G. De Carvalho, T. A. Tompkins, Y. Ardo, F. Vogensen, A. Delorentiis, M. Gatti, E. Neviani, J. L. Steele

Nutrition, Dietetics, and Food Sciences Faculty Publications

Lactobacillus helveticus CNRZ 32 is recognized for its ability to decrease bitterness and accelerate flavor development in cheese, and has also been shown to release bioactive peptides in milk. Similar capabilities have been documented in other strains of Lb. helveticus, but the ability of different strains to affect these characteristics can vary widely. Because these attributes are associated with enzymes involved in proteolysis or AA catabolism, we performed comparative genome hybridizations to a CNRZ 32 microarray to explore the distribution of genes encoding such enzymes across a bank of 38 Lb. helveticus strains, including 2 archival samples of CNRZ 32. …

Potters' Marks And Potmarks, Nicolle E. Hirschfeld

Classical Studies Faculty Research

The brief remarks and the detailed catalogue presented below, along with the author's forthcoming (a) re-study of the discoveries of the British expedition to Enkomi, supplement and update the author's 2002 study of the marked pottery found at Enkomi. In both cases, it is more a matter of adding, refining, and correcting than significantly changing the observations presented in the earlier paper. But even though they are not headline-grabbing, these contributions are important in that they add to the gradually accumulating evidence for marked vases in circulation in Late Bronze Age Cyprus. Because we cannot (yet) 'read' the marks directly …

Fellow~Feeling And The Moral Life: Book Review, Patrick Mello

Religion in the Age of Enlightenment

In his Fellow-Feeling and the Moral Life, Joseph Duke Filonowicz challenges readers to modify the premises underlying much moral philosophy since Kant by considering with open minds whether human beings possess an innate moral sense. Despite the systematic logical satisfaction achieved by ethical rationalism, Filonowicz argues that the dogged adherence to reason reduces morality to a mere set of anemic thought-experiments having little to do with the actions undertaken by people living emotionally complex lives. Modifying rationalism, Filonowicz finds inspiration from a notion expressed in Henry Miller's Black Spring, that "what is not in the open streets is …

Art And Religion In Eighteenth~Century Europe: Book Review, Karen Bryant

Religion in the Age of Enlightenment

With publications such as The French Revolution 1789-1804: Liberty, Authority and the Search for Stability (Palgrave, 2004), Christianity in Revolutionary Europe, 1760-1830 (Cambridge University Press, 2002), Anticlericalism in Britain from the Reformation to the First World War (Sutton, 2000), Religion and Revolution in France, 1780-1804 (Macmillan, 2000), and now Art and Religion in Eighteenth-Century Europe (2009, Reaktion), Nigel Aston has established himself as an erudite sleuth bent on uncovering in meticulous detail those subjects within eighteenth-century religious scholarship that hitherto have been either ignored or given short shrift. Aston does not disappoint with his latest book in which he …

Editor's Introduction, “To Cheer, To Raise, To Guide”: 22 Years Of The Farms Review, Daniel C. Peterson

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

Full Issue

Religion in the Age of Enlightenment

No abstract provided.

An Analysis And Simulation Of Launch Vehicle Separation Dynamics Including Thrust Transients, Charles David Capps

Theses

No abstract provided.

Operational Lightning Forecasting Technique Development And Testing Utilizing C-Band Dual-Polarimetric Radar, Crystal J. Woodard

Theses

No abstract provided.

Sentential Access Control, Curt Lawson

Theses

No abstract provided.

Heuristics Modeling Optimization-Oriented Element Behaviors In Discrete, Repulsive Systems, David Barber

Theses

No abstract provided.

[Pi]-[Pi] Molecular Interactions Between Intercalating Antitumor Agents And Caffeine, Gabrielle Hill

Theses

No abstract provided.

Active Disturbance Rejection For The Bipedal Walk Of A Humanoid Robot Using The Motion Of The Arms, Joshua Hill

Theses

No abstract provided.

The Accuracy Of Information Retrieval Based Bug Localization Techniques, Matthew D. Beard

Theses

No abstract provided.

Spatio-Temporal Querying And Retrieval System Using Gamepad, Vineetha Bettaiah

Theses

No abstract provided.

Decomposition Rates In Tobacco And Hay Barns In Kentucky, Valerie Kauffeld

LSU Master's Theses

Nine pig (Sus scrofa) carcasses were placed in three different microenvironments in eastern Kentucky in the summer of 2010 in order to aid in the determination of a Postmortem Interval (PMI) template for recently mummified remains. The three microenvironments were a tobacco barn, hay barn, and control barn. Three pigs were placed in specific locations in all of the barns – outside the barn on the ground, inside the barn on the ground, and in a loft placed within five feet of the roof. Little to no natural mummification occurred at each site. Residual nicotine was also analyzed in order …

Acoustic Emission Detection In Carbon Composite Materials Using Fiber Bragg Grating Optical Sensors, Nehemiah J. Mabry

Theses

No abstract provided.

The Dynamics Of Vehicles Under Solid Rocket Propulsion, Robert William Stough

Theses

No abstract provided.

Purification And Phytotoxic Analysis Of Ceratoplatanin Proteins In Botrytis Cinerea, Subodh Rathi

Theses

No abstract provided.

Section 5 Constraints On Congress Through The Lens Of Article Iii And The Constitutionality Of The Employment Non-Discrimination Act, Craig Konnoth

Publications

The Employment Non-Discrimination Act (ENDA) that will (hopefully) soon prohibit discrimination against LGB, and ideally, T, individuals, allows state employees to sue states for this discrimination. Scholars and activists fear that these provisions will be struck down as violative of state sovereign immunity, using the Court's recent jurisprudence on Section 5 of the Fourteenth Amendment. This jurisprudence requires Congress to put forth evidence of past state violations of a defined constitutional right before it can subject states to suit. This Congress has done.

However, this Comment suggests that a new requirement of Section 5 legislation is in the works. Key …

Veil Piercing To Non-Owners: A Practical And Theoretical Inquiry, Mark J. Loewenstein

Publications

In the typical veil piercing case, the plaintiff seeks to hold the owners of an entity liable for the entity’s obligations. Recently, however, plaintiffs have sought to hold managers of an entity liable for the entity’s obligations even if the manager is not an owner. This article considers this phenomenon in light of the underlying theory of veil piercing and in the context of both corporate law and the law of limited liability companies. In brief, the theory of veil piercing in its traditional application – to shareholders of a corporation – is weak, and it is weaker still when …