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Diversity And Distributon Of Vibrio Parahaemolyticus, A Bacterioplankton Species Of Concern For Human Health, In Rhode Island, Annie M. Cox

Open Access Dissertations

Vibrio parahaemolyticus, a naturally occurring bacterium in coastal marine environments, can cause a severe gastrointestinal illness in humans when contaminated raw or undercooked seafood is consumed. Because of their potential for human illness, V. parahaemolyticus pose a threat to aquaculture through loss of business due to unfavorable publicity. Very little is known about V. parahaemolyticus in Narragansett Bay (Rhode Island); the only recently published study found a low concentration of total V. parahaemolyticus in Narragansett Bay water in the 1980s, and no pathogenic (Kanagawa-positive) strains were isolated. Thus far, illnesses due to V. parahaemolyticus in Rhode Island and the …

Why Study Large Projects? Environmental Regulation’S Neglected Frontier, Natasha Affolder

All Faculty Publications

Large-scale natural resource and infrastructure projects create some of the most challenging and high-stakes contexts for environmental regulation. Witness the heated debates surrounding the Keystone XL pipeline project. But to date, large projects have attracted relatively little sustained interest from scholars of environmental law and regulation. Case studies stand alone as valuable empirical accounts of individual pipelines, dams, and mining projects. But synthesis of these case studies is lacking. A workshop that celebrates the approaching 20th year anniversary of Ian Ayres’ and John Braithwaite’s 1992 book, Responsive Regulation, provides an opportune moment to reflect on this lacuna in environmental regulatory …

Current Jurisdictional And Recognitional Issues In The Conflict Of Laws, Vaughan Black, Joost Blom

All Faculty Publications

In honour of the 40th Consumer and Commercial Law Workshop and the 50th volume of the Canadian Business Law Journal we have been asked to provide a retrospective of developments in the conflict of laws that highlights emerging issues. We have chosen to present it in a conversational fashion in which each of us presents a perspective and the other two offer their comments.

An Empirical Analysis Of Wealth Disparities In Wto Disputes:
 Do Poorer Countries Suffer From Strategic Delay During Dispute Litigation?, Geoffrey Antell, James W. Coleman

Faculty Journal Articles and Book Chapters

A long-standing debate questions whether the World Trade Organization’s (“WTO”) formal dispute settlement procedures level the playing field for lower income countries in international trade disputes, or instead, merely give opportunistic and sophisticated countries complex rules that they can use to exploit these lower income countries. Using a database of cases decided under the WTO, this article examines whether there is evidence that developing countries suffer strategic delay when they sue developed countries. Strategic delay is a crucial consideration in WTO proceedings because, unlike in typical litigation, the WTO dispute settlement process does not offer backward-looking remedies. As a result, …

A Medical Malpractice Model For Developing Countries?, Nathan Cortez

Faculty Journal Articles and Book Chapters

This Article, written for the symposium "Reforming Medical Liability: Global Perspectives," evaluates the unique plight of developing countries in crafting medical liability regimes. Many developing countries struggle to maintain workable systems for adjudicating physician negligence. This is due to a variety of factors, such as widespread poverty, more pressing public health priorities that demand attention, a scarcity of physicians, immature health care systems, large informal health sectors, regulatory deficits, and weak civil societies, among others. Patients in these countries are also less able than their counterparts in well-developed countries to evaluate and challenge the care they receive and thus serve …

Application Of The Transtheoretical Model Parent Facilitation Of Healthy Anxiety Management In Their Children, Cailtin Burditt

Open Access Dissertations

Anxiety disorders represent one of the most common and debilitating forms of psychopathology among children, with prevalence rates estimated to be between 12% and 17.3%. Although a number of efficacious treatments for child anxiety exist, there is a distinct need for prevention programs as well. Moreover, research suggests that parents play a crucial role in how their children manage anxiety, underscoring the importance of involving parents in both the treatment and prevention of child anxiety. For a variety of reasons, parents may be at different levels of readiness to engage in behaviors that promote their child's healthy coping with anxiety. …

The Shifting Doctrinal Face Of Immutability, Tiffany C. Graham

Scholarly Works

This Article will examine the concept of immutability as it has been used in equal protection jurisprudence, particularly in the context of the gay rights movement. As a traditional matter, immutability was viewed as a doctrine that limited suspect and quasi-suspect classification status to those groups whose identities were fixed in some visible, often biological fashion. This narrow understanding of immutability served a purpose: it limited suspect or quasi-suspect status to those groups of individuals who were not at fault in some way for the subordinate condition in which they existed. Since the decisions in In re Marriage Cases, …

The Supreme Court And Judicial Review: Two Views, Thomas A. Schweitzer

Scholarly Works

No abstract provided.

Regional Foodsheds: Are Our Local Zoning And Land Use Regulations Healthy?, Patricia E. Salkin, Amy Lavine

Scholarly Works

Governments at all levels have become increasingly interested in fostering healthy eating habits and sustainable agricultural production. Promoting access to locally grown produce is an important part of many policy goals seeking to address these concerns, and the concept of regional foodsheds has risen in popularity as one method to achieve these goals. Research indicates that community based food systems have the potential to address food security, public health, social justice, and ecological health. Food production and consumption patterns are influenced by a range of federal, state, and municipal policies, but meaningful change in regional food system policies is likely …

They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin

Scholarly Works

This article, prepared as a follow-up to Salkin & Nolon, Practically Grounded: Convergence of Land Use Pedagogy and Best Practice, 60 J.Legal Education 519 (2011), describes how practice-based assignments can supplement the traditional casebook method of instruction to meet goals and measure outcome assessments for students in the course. The article is based on my own course goals and explains how each assignment relates to individual outcome assessments.

The Limited Case For Permitting Sme Procurement Preferences In The Wto Agreement On Government Procurement, John Linarelli

Scholarly Works

This is a chapter in the book, Sue Arrowsmith & Robert D. Anderson, The WTO Regime on Government Procurement: Challenge and Reform (Cambridge University Press, 2011). The chapter puts under scrutiny public procurement policies designed to benefit SMEs per se, as small or medium sized enterprises, and to evaluate whether the GPA (and hence possibly other trade agreements liberalizing procurement markets) should be more accommodating to these policies, even though these policies might restrict international trade. The chapter also evaluates whether the GPA should be more accommodating to policies designed to benefit firms controlled by individuals who belong to historically …

Introduction: Changing Dimensions Of The Canada-China Relations, Pitman B. Potter, Thomas Adams

All Faculty Publications

Bilateral relations with the People’s Republic of China involve matters of great strategic interest to Canada. Recent changes in the frequency of high level visits; the effect, style and content of bilateral communications; and perspectives held by various sectors in each country about the other all suggest that the Canada-China relationship has changed significantly in recent years. China remains vitally important to Canada for a variety of reasons and in a variety of sectors. Political and diplomatic cooperation on issues of direct bilateral concern and also on issues of global import remains critically important. Commercial and trade ties linking Canada …

At What Cost? Access To Consumer Credit In A Post-Financial Crisis Canada, Janis P. Sarra

All Faculty Publications

Access to consumer credit is influenced by many factors, such as amount and security of the consumer’s income, and credit card company and financial institution practices. Access is also driven by social, cultural and cognitive factors, including consumer understanding of the cost of credit; perceptions regarding ability to repay; cognitive influences regarding immediate consumption and delayed payment; understanding of the benefits and risks of debt to economic security; and the conflicts of interest inherent in the business of lending. Overall, bank and credit union credit has tightened since the global financial crisis. However, the study found that for many Canadians, …

Prudential, Pragmatic And Prescient, Reform Of Bank Resolution Schemes, Janis P. Sarra

All Faculty Publications

The 2008-2009 global financial crisis highlighted the interdependency of financial institutions and markets worldwide. Globally, fiscal support packages totaling 3 trillion USD were introduced, placing enormous strain on the public finances of a number of countries. Even in jurisdictions such as Canada, with relatively well-managed banking systems, a generalized loss of confidence led to a sharp rise in funding costs. The largest negative effects of the financial crisis on the Canadian economy stemmed from crises originating in other countries, with adverse contagion effects on the Canadian banking system, making it very difficult for Canadian banks to fund themselves in foreign …

Risk Management, Responsive Regulation, And Oversight Of Structured Financial Product Markets, Janis P. Sarra

All Faculty Publications

Globally, regulators, supervisory authorities, and governments are grappling with what have now been identified as systemic risk factors that contributed to the recent global financial crisis. Internationally, the Basel Committee on Banking Supervision and other organizations are developing standards to identify and address systemic risk, suggesting that the extent of regulation or exemption from it can serve as a mechanism by which risk is transferred within the financial system. The Cross-border Bank Resolution Group of the Basel Committee has developed ten recommendations as a result of its stocktaking of lessons learned from the financial crisis.' The Financial Stability Board (FSB), …

A Cooperative Conundrum? The Naalc And Mexican Migrant Workers In The United States, Robert Russo

All Faculty Publications

Since its adoption in 1993 at the insistence of U.S. President Bill Clinton's administration, the labor side accords to the North American Free Trade Agreement (NAFTA) have been extensively examined, occasionally ridiculed, and often dismissed as irrelevant. Most analysis tends to focus on the disappointing results of the North American Agreement on Labor Cooperation (NAALC) in affecting meaningful changes in the conditions of workers in Mexico. In this article, I aim to take a different approach. My analysis focuses instead primarily on the efficacy of the NAALC process when complaints are made about alleged labor law violations in the United …

Temporarily Unchained: The Drive To Unionize Foreign Seasonal Agricultural Workers In Canada – A Comment On Greenway Farms And Ufcw, Robert Russo

All Faculty Publications

A Case Comment on Greenway Farms and UFCW

Introduction To 'New Governance And The Business Organization', Cristie Ford, Mary Condon

All Faculty Publications

In the fall of 2010, the University of British Columbia Faculty of Law welcomed a group of scholars from around the world to consider the state, and evolution, of responsive regulation, in both theory and practice. The occasion was the presence of Dr. John Braithwaite as UBC Law’s inaugural Fasken Martineau Senior Visiting Scholar. This paper is an introductory essay to the special edition of the UBC Law Review devoted to the workshop’s resulting work products. The volume begins with John Braithwaite’s own reflections on the responsive regulation project. On one level, the set of essays that follows his can …

The Prosecution Of Non-Disclosure Of Hiv In Canada: Time To Rethink Cuerrier, Isabel Grant

All Faculty Publications

The author of this article argues that Canada’s current approach to the criminalization of HIV transmission is deeply flawed and cries out for clarification. The article first considers the risk of transmission of HIV under various conditions, as determined by recent scientific studies, and concludes that HIV is not easily transmissible through sexual activity. It next examines several crucial factors that contribute to the significance, or lack of significance, of sexual activity by HIV-positive individuals, concluding that the current law creates a “numbers game” for triers of fact. The article then proceeds to a comparative analysis of other Commonwealth countries, …

Sentencing Circles, Clashing Worldviews, And The Case Of Christopher Pauchay, Toby S. Goldbach

All Faculty Publications

The case of Christopher Pauchay demonstrates some of the differences between predominant Euro-Canadian and First Nations approaches to dispute resolution. The principles of sentencing circles sometimes overlap with the principles of restorative justice and suggest their potential incorporation into the criminal justice system. The use of alternative processes that share some common values is not enough to overcome to chasm between Euro-Western and Aboriginal justice. Where underlying worldviews diff er, those who can choose between competing values amidst limited possibilities will likely choose the values that refl ect the conventional system. A comparison of Euro-Western and Aboriginal approaches to crime …

Corporate Governance Reform For The 21st Century: A Critical Reassessment Of The Shareholder Primacy Model, Carol Liao

All Faculty Publications

This article questions the efficiency of the shareholder primacy model of corporate governance in light of the financial calamities that have plagued the first decade of the 21st century. Reform efforts following the global financial crisis have focused on failures in securities regulation, but that is only part of the story. Effective reform measures must also address the legal and normative prescriptions found within existing governance structures, and the collateral effect those prescriptions have on political and regulatory inaction.

There was strong ideological support for the shareholder primacy model at the start of the century. Following the corporate and accounting …

Interstate Recognition Of Parent-Child Relationships: The Limits Of The State Interests Paradigm And The Role Of Due Process, Steve Sanders

Articles by Maurer Faculty

How secure are the legal relationships between gay or lesbian parents and their children when those families move from one state to another? What happens when a non-biological parent who has been legally recognized as a full parent under the laws of one state moves with her same-sex spouse and their child to a different state where public policy is unfriendly toward same-sex relationships? Or what happens when a same-sex couple adopts a child, thus becoming its full legal parents, then seeks recognition of their parental status in a different state?

In this Article I argue that the traditional doctrines …

Necessity Of Hippocampal Neurogenesis For The Therapeutic Action Of Antidepressants In Adult Nonhuman Primates, Tarique D. Perera, Andrew J. Dwork, Kathryn A. Keegan, Lakshmi Thirumangalakudi, Cecilia M. Lipira, Niamh Joyce, Christopher Lange, James Dee Higley, Gorazd Rosoklija, Rene Hen, Harold A. Sackeim, Jeremy D. Coplan

Faculty Publications

Background: Rodent studies show that neurogenesis is necessary for mediating the salutary effects of antidepressants. Nonhuman primate (NHP) studies may bridge important rodent findings to the clinical realm since NHP-depression shares significant homology with human depression and kinetics of primate neurogenesis differ from those in rodents. After demonstrating that antidepressants can stimulate neurogenesis in NHPs, our present study examines whether neurogenesis is required for antidepressant efficacy in NHPs. Materials/Methodology: Adult female bonnets were randomized to three social pens (N = 6 each). Pen-1 subjects were exposed to control-conditions for 15 weeks with half receiving the antidepressant fluoxetine and the rest …

Religiosity, Self-Control, And Antisocial Behavior: Religiosity As A Promotive And Protective Factor, Robert D. Laird, Loren D. Marks, Matthew D. Marrero

Faculty Publications

Three hypotheses with the potential to provide information on the role of religiosity as a promotive and protective factor in early adolescence were tested. Adolescents (N = 166, M age = 13 years, 49% female, 49% European American, 45% African American) and mothers reported their own personal importance of religion and the frequency of their attendance of religious services. Greater mother importance and attendance was associated with greater adolescent importance and attendance. Mother importance was indirectly linked to adolescent antisocial behavior through adolescent importance. Less adolescent importance and attendance were associated with low self-control and low self-control was associated …

The Interpersonal Theory Of Suicide, Scott R. Braithwaite, Kimberly Van Orden, Tracy K. Witte, Kelly C. Cukrowicz, Edward A. Selby, Thomas E. Joiner Jr.

Faculty Publications

Suicidal behavior is a major problem worldwide and at the same time has received relatively little empirical attention. This relative lack of empirical attention may be due in part to a relative absence of theory development regarding suicidal behavior. The current paper presents the Interpersonal Theory of Suicidal Behavior. We propose that the most dangerous form of suicidal desire is caused by the simultaneous presence of two interpersonal constructs—thwarted belongingness and perceived burdensomeness (and hopelessness about these states)—and further, that the capability to engage in suicidal behavior is separate from the desire to engage in suicidal behavior. According to the …

On The Importance Of Knowing Your Partner’S Views: Attitude Familiarity Is Associated With Better Interpersonal Functioning And Lower Ambulatory Blood Pressure In Daily Life, Wendy C. Birmingham, David M. Sanbonmatsu, Bert N. Uchino

Faculty Publications

Background—Relationships have been linked to significant physical health outcomes. However, little is known about the more specific processes that might be responsible for such links. Purpose—The main aim of this study was to examine a previously unexplored and potentially important form of partner knowledge (i.e., attitude familiarity) on relationship processes and cardiovascular function. Methods—In this study, 47 married couples completed an attitude familiarity questionnaire and ambulatory assessments of daily spousal interactions and blood pressure. Results—Attitude familiarity was associated with better interpersonal functioning between spouses in daily life (e.g., greater partner responsiveness). Importantly, attitude familiarity was also related to lower overall …

Social Support And The Reactivity Hypothesis: Conceptual Issues In Examining The Efficacy Of Received Support During Acute Psychological Stress, Wendy C. Birmingham, Bert N. Uchino, Mckenzie Carlisle, Allison A. Vaughn

Faculty Publications

Social support has been reliably related to better physical health outcomes. One influential model suggests that social support is related to lower cardiovascular disease mortality because it reduces the potentially deleterious consequences of cardiovascular reactivity during acute stress. However, received support and perceived support are separable constructs and epidemiological research suggests variability in links between received support and health. This is important because most social support and acute laboratory stress studies are essentially based on the receipt of support. In this paper, we focus on the conceptualization of received support and its implications for understanding links to support laboratory reactivity …

Cracks In The Firmament Of Burma's Military Government: From Unity Through Coercion To Buying Support, David C. Williams

Articles by Maurer Faculty

Despite holding recent elections, Burma’s military government does not intend to relinquish power; its new constitution guarantees the army the right to do whatever it wants. Democracy will therefore not come to Burma through legal, peaceful, incremental steps. Instead, democracy will come to Burma outside the legal process, because the basis for the regime’s power has changed, becoming markedly weaker. When it first seized power in 1961, the military was united and therefore able to rule through coercion alone. In the past several decades, by contrast, the generals have increasingly sought to purchase support by giving income and resource streams …

Intraclass Correlation Associated With Therapists: Estimates And Applications In Planning Psychotherapy Research, Scott A. Baldwin, David M. Murray, William R. Shadish, Sherri L. Pals, Jason M. Holland, Jonathan S. Abramowitz, Gerhard Andersson, David C. Atkins, Per Carlbring, Kathleen M. Carroll, Andrew Christensen, Kari M. Eddington, Anke Elhers, Daniel J. Feaster, Ger P. J. Keijsers, Ellen Koch, Willem Kuyken, Alfred Lange, Tania Lincoln, Robert S. Stephens, Steven Taylor, Chris Trepka, Jeanne Watson

Faculty Publications

It is essential that outcome research permit clear conclusions to be drawn about the efficacy of interventions. The common practice of nesting therapists within conditions can pose important methodological challenges that affect interpretation, particularly if the study is not powered to account for the nested design. An obstacle to the optimal design of these studies is lack of data about the intraclass correlation coefficient (ICC), which measures the statistical dependencies introduced by nesting. To begin the development of a public database of ICC estimates, the authors report ICCs for a variety outcomes reported in 20 psychotherapy outcome studies. The magnitude …

The Domestic Face Of Globalization: Law's Role In The Integration Of Immigrants In The United States, Alfred C. Aman, Graham Rehrig

Articles by Maurer Faculty

This article applies a global perspective to immigration in the United States, focusing in particular on law’s role in the integration of immigrants into U.S. society. The global perspective illuminates the relationship of immigration to other forms of transnationalism, as well as to the situation of non-immigrant minorities and the working poor. We review the history of immigration law in the United States as well as the main elements of current debate. Drawing on the Constitution’s guarantees of equal protection, as well as the preemption doctrine, we suggest specific ways in which immigration law might optimally evolve in the future. …