Digital Commons Network^™

Authentic Assessment Of Reflection In An Eportfolio: How To Make Reflection More Real For Students, Pauline Roberts, Helen Farley, Sue Gregory

Research outputs 2014 to 2021

In a doctoral study that focused on the enhancement of reflection through an ePortfolio-based learning environment, students’ indicated that they felt reflection was not real when it was used for assessment. This led to an examination of assessment practices linked to reflection and ways to make it authentic. The literature revealed that reflection is often a component of authentic assessment rather than being a focus of it. The practices associated with the assessment of reflection are examined in order to formulate 4 guiding principles. These principles aim to make the process of reflection more ‘real’ to students in higher education …

An Artificial Neural Network For Predicting Crops Yield In Nepal, Tirtha Ranjeet, Leisa Armstrong

Research outputs 2014 to 2021

This paper examines the application of artificial neural networks (ANNs) for predicting crop yields for an agricultural region in Nepal. The neural network algorithm has become an effective data mining tool and the outcome produced by this algorithm is considered to be less error prone than other computer science techniques. The backpropagation algorithm which iteratively finds a suitable weight value is considered for computing the error derivative. Agricultural data was collected from thirteen years from paddy field cultivation in the Siraha district, an eastern region in Nepal, and used for this investigation of neural networks. Additionally, climatic parameters including rainfall, …

Interest Rate Risk Of Australian Reits: A Panel Analysis, Jaime L. Yong, Abhay Singh

Research outputs 2014 to 2021

Management structures of many Australian REITs have shifted towards internal property management since 2001. Sector returns have been rewarding until the Global Financial Crisis, but rising costs of debt and years of aggressive borrowing have eroded REIT values. Externally managed trusts had relatively higher levels of debt than internally managed counterparts thus increasing the sensitivities to interest rate risks. Yet internally managed REITs engage in a wider set of operating activities which compound market and financial risks. This study uses panel and panel quantile regressions to examine the joint impact of financial leverage and management structure on REIT returns in …

Illegitimate, Helen V. Bonavita, Lelia Green

Research outputs 2014 to 2021

No abstract provided.

Perceptions Of Efficacy, Morality, And Politics Of Potential Cadaveric Organ-Transplantation Reforms, Christopher Robertson, David V. Yokum, Megan S. Wright

Faculty Scholarship

We sought to explore the political feasibility of potential policy reforms to address the shortage of cadaveric organs for transplantation in America. We recruited 730 human subjects from an online population and assigned them to writing tasks that experimentally manipulated the salience of moral and posthumous risks. Subjects read 95-word descriptions of six proposed policy reforms, rating efficacy, morality, and overall support for each. We created weighted estimates of the overall potential support for each reform (WEOS), correcting for the skew in our study population to very roughly approximate the political affiliations of the American public.

The data suggest that …

An Empirical Method For Materiality: Would Conflict Of Interest Disclosures Change Patient Decisions?, Roy Spece, David Yokum, Andrea-Gale Okoro, Christopher Robertson

Faculty Scholarship

The law has long been concerned with the agency problems that arise when advisors, such as attorneys or physicians, put themselves in financial relationships that create conflicts of interest. If the financial relationship is “material” to the transactions proposed by the advisor, then non-disclosure of that information may be pertinent to claims of malpractice, informed consent, and even fraud, as well as to professional discipline. In these sorts of cases, materiality is closely related to the question of causation, roughly turning on whether the withheld information might have changed the decision of a reasonable advisee (i.e., patient). The injured plaintiff …

When Truth Cannot Be Presumed: The Regulation Of Drug Promotion Under An Expanding First Amendment, Christopher Robertson

Faculty Scholarship

The Food, Drug, and Cosmetic Act (FDCA) requires that, prior to marketing a drug, the manufacturer must prove that it is safe and effective for the manufacturer’s intended uses, as shown on the proposed label. Nonetheless, physicians may prescribe drugs for other “off-label” uses, and often do so. Still, manufacturers have not been allowed to promote the unproven uses in advertisements or sales pitches.

This regime is now precarious due to an onslaught of scholarly critiques, a series of Supreme Court decisions that enlarge the First Amendment, and a landmark court of appeals decision holding that the First Amendment precludes …

An Empirical Method For Harmless Error, D. Alex Winkelman, David V. Yokum, Lisette C. Cole, Shelby C. Thompson, Christopher Robertson

Faculty Scholarship

Trials are often imperfect. When inadmissible evidence is introduced or the jury is incorrectly instructed, judges must determine whether the error was prejudicial or merely harmless. In making that assessment, judges resort to speculation about the counterfactual question of whether the error changed the outcome, compared to the decision of a properly informed and instructed jury. These decisions are likely colored by confirmation and status quo biases, along with “mental contamination” of the error itself. Even when appellate judges perform these analyses accurately, their decisions appear conclusory. Scholars and judges have roundly criticized this doctrine, but no solution has emerged. …

The Trees, My Lungs: Self Psychology And The Natural World At An American Buddhist Center, Daniel S. Capper

Faculty Publications

This study employs ethnographic field data to trace a dialogue between the self psychological concept of the selfobject and experiences regarding the concept of “interbeing” at a Vietnamese Buddhist monastery in the United States. The dialogue develops an understanding of human experiences with the nonhuman natural world which are tensive, liminal, and nondual. From the dialogue I find that the selfobject concept, when applied to this form of Buddhism, must be inclusive enough to embrace relationships with animals, stones, and other natural forms. The dialogue further delineates a self psychological methodology for examining religions in their interactions with natural forms.

Medicaid Expansion As Completion Of The Great Society, Nicole Huberfeld, Jessica L. Roberts

Faculty Scholarship

A state’s decision whether to expand Medicaid has become a highly politicized issue, spawning countless news stories and on-going debate. However, this Essay takes a step back from that highly charged discourse and situates Medicaid expansion in its historical context. We reveal that this latest change universalizes the program, holding the power to finally realize President Johnson’s vision for the Great Society, almost fifty years later. Medicaid can be understood as a universal program for three reasons: (1) the percentage of thepopulation of children, pregnant women, and non-elderly adults it covers; (2) the degree to which Medicaid funds long-term care …

Effects Of Landscape Composition And Configuration On Migrating Songbirds: Inference From An Individual-Based Model, Emily B. Cohen, Scott M. Pearson, Frank R. Moore

Faculty Publications

The behavior of long-distance migrants during stopover is constrained by the need to quickly and safely replenish energetic reserves. Replenishing fuel stores at stopover sites requires adjusting to unfamiliar landscapes with little to no information about the distribution of resources. Despite their critical importance to the success of songbird migration, the effects of landscape composition and configuration on fuel deposition rates (FDR [g/d]), the currency of migration, has not been tested empirically. Our objectives were to understand the effects of heterogeneous landscapes on FDR of forest-dwelling songbirds during spring migration. The results of field experiments were used to parameterize a …

Interspecific Competition Of A New Invasive Mosquito, Culex Coronator, And Two Container Mosquitoes, Aedes Albopictus And Cx. Quinquefasciatus (Diptera: Culicidae), Across Different Detritus Environments, D. A. Yee, J. F. Skiff

Faculty Publications

The mosquito Culex coronator (Dyar and Knab) (Diptera: Culicidae) has undergone rapid range expansion in the United States since 2003, with its historical distribution in the southwest expanding eastward to the Atlantic coast. Although Cx. coronator nominally use small natural aquatic habitats for development, the use of containers (e.g., tires) makes it potentially important as container invasive. To determine the potential ecological effects of Cx. coronator on resident container species, we conducted a laboratory experiment to assess its competitive ability with two common tire-inhabiting species, Aedes albopictus (Skuse) and Culex quinquefasciatus (Say) (Diptera: Culicidae). Larvae were reared under a factorial …

Importation Of Exotic Ticks And Tick-Borne Spotted Fever Group Rickettsiae Into The United States By Migrating Songbirds, Nabanita Mukherjee, Lorenza Beati, Michael Sellers, Laquita Burton, Steven Adamson, Richard G. Robbins, Frank Moore, Shahid Karim

Faculty Publications

Birds are capable of carrying ticks and, consequently, tick-transmitted microorganisms over long distances and across geographical barriers such as oceans and deserts. Ticks are hosts for several species of spotted fever group rickettsiae (SFGR), which can be transmitted to vertebrates during blood meals. In this study, the prevalence of this group of rickettsiae was examined in ticks infesting migratory songbirds by using polymerase chain reaction (PCR). During the 2009 and 2010 spring migration season, 2064 northward-migrating passerine songbirds were examined for ticks at Johnson Bayou, Louisiana. A total of 91 ticks was removed from 35 individual songbirds for tick species …

Race Inequity Fifty Years Later: Language Rights Under The Civil Rights Act Of 1964, Jasmine Gonzales Rose

Faculty Scholarship

As Latinos have become the largest racialized minority in the United States, we should ask whether the civil rights laws of yesterday are equipped to address the race problems of today. Half a century after the passage of the Civil Rights Act of 1964, racial discrimination still exists, but it manifests itself differently. Rather than explicitly barring someone from employment, education, public accommodations, or civic participation on the basis of his or her race, racially discriminatory exclusion is often couched in seemingly race-neutral terms. English language requirements are one example of this. A sign outside a restaurant stating, “No Mexicans, …

Fletcher V. Peck And Constitutional Development In The Early United States, Gerald F. Leonard

Faculty Scholarship

One hundred years after Charles Beard’s An Economic Interpretation of the Constitution of the United States, few scholars attend actively to that book or its specific claims. Yet it has become conventional wisdom that the movement for a new Constitution in 1787 was no democratic movement but a conservative effort to rein in the allegedly reckless policy impulses of the state governments. Power would be transferred substantially to the center, where an elite might better control the direction of policy. This conservative movement had important, Beardian economic dimensions, particularly its determination to secure the rights of the propertied against the …

Clinical Trial Transparency - Antidote To Increased Off-Label Promotion?, Kevin Outterson

Faculty Scholarship

Abstract

Clinical trial transparency will improve the accuracy and reliability of biomedical science, while also reducing the burdens on both trial participants and sponsors.

A Study Of Self-Concept In At-Risk Middle School Children Related To Behavior And Academic Performance, Tara Wade Franklin

Electronic Theses and Dissertations

The purpose of this study was to explore the factors that are associated with the development of self-concept and how self-concept influences or interacts with academic performance and behavior. This research study asked two questions: (1) what assists in the development of self-concept, and (2) how does self-concept impact academic performance and behavior in at-risk middle school students? Using evidence-based research, parental involvement, gender, and ethnicity were selected as key factors associated with the development of self-concept in adolescence. This study proposed that students with high self-concept would have positive academic and behavioral performance. Consequently, students with low self-concept would …

Saving The Federal Circuit, Paul Gugliuzza

Faculty Scholarship

In a recent, attention-grabbing speech, the Chief Judge of the Seventh Circuit, Diane Wood, argued that Congress should abolish the Federal Circuit’s exclusive jurisdiction over patent cases. Exclusive jurisdiction, she said, provides too much legal uniformity, which harms the patent system. In this response to Judge Wood’s thoughtful speech, I seek to highlight two important premises underlying her argument, neither of which is indisputably true.

The first premise is that the Federal Circuit actually provides legal uniformity. Judge Wood suggests that, due to the Federal Circuit’s exclusive jurisdiction, patent doctrine is insufficiently “percolated,” meaning that it lacks mechanisms through which …

Toward A Regulatory Framework For Third-Party Funding Of Litigation, Keith N. Hylton

Faculty Scholarship

Because third-party funding and sales of legal rights are equivalent in terms of their economics, I examine arrangements in which third-party sales of legal rights are permitted today; those arrangements include waiver, subrogation, and settlement agreements. These existing arrangements provide valuable lessons for the appropriate regulatory approach to third-party financing of litigation.

The Fiduciary Foundations Of Federal Equal Protection, Gary S. Lawson, Guy Seidman, Robert G. Natelson

Faculty Scholarship

In Bolling v. Sharpe, the Supreme Court invalidated school segregation in the District of Columbia by inferring a broad “federal equal protection” principle from the Due Process Clause of the Fifth Amendment. It is often assumed that this principle is inconsistent with the Constitution’s original meaning and with “originalist” interpretation.

This Article demonstrates, however, that a federal equal protection principle is not only consistent with the Constitution’s original meaning, but inherent in it. The Constitution was crafted as a fiduciary document of the kind that, under contemporaneous law, imposed on agents acting for more than one beneficiary – and on …

The Rule Of Law As A Law Of Law, Steven G. Calabresi, Gary S. Lawson

Faculty Scholarship

Justice Scalia is famous for his strong rule orientation, best articulated in his 1989 article, “The Rule of Law as a Law of Rules.” In this Essay, we explore the extent to which that rule orientation is consistent with the Constitution’s original meaning. We conclude that it is far less consistent with the Constitution than is generally recognized. The use of standards rather than rules is prescribed not only by a few provisions in the Bill of Rights and the Fourteenth Amendment but also by key aspects of the 1788 constitutional text. The executive power, the Necessary and Proper power, …

The Direct Costs From Npe Disputes, Michael J. Meurer, James Bessen

Faculty Scholarship

In the past, “non-practicing entities” (NPEs), popularly known as “patent trolls,” have helped small inventors profit from their inventions. Is this true today or, given the unprecedented levels of NPE litigation, do NPEs reduce innovation incentives? Using a survey of defendants and a database of litigation, this paper estimates the direct costs to defendants arising from NPE patent assertions. We estimate that firms accrued $29 billion of direct costs in 2011. Although large firms accrued over half of direct costs, most of the defendants were small or medium-sized firms. Moreover, an examination of publicly listed NPEs indicates that little of …

Editorial - The Changing Face Of Ehealth Security, Patricia Williams, Lizzie Coles-Kemp

Research outputs 2014 to 2021

No abstract provided.

The Ethical Obligations Of Defence Counsel In Sexual Assault Cases, Elaine Craig

Osgoode Hall Law Journal

The treatment of sexual assault complainants by defence counsel has been the site of significant debate for legal ethicists. Even those with the strongest commitment to the ethics of zealous advocacy struggle with how to approach the cross-examination of sexual assault complainants. One of the most contentious issues in this debate pertains to the use of bias, stereotype and discriminatory tactics to advance one’s client’s position. This paper focuses on the professional responsibilities defence lawyers bear in sexual assault cases. Its central claim is as follows: Defence counsel are ethically obligated to restrict their carriage of a sexual assault case …

Equally Recognized? The Indigenous Peoples Of Newfoundland And Labrador, Sébastien Grammond

Osgoode Hall Law Journal

In Canada, certain Indigenous groups are struggling to obtain official recognition of their status and rights. This is particularly so in Newfoundland and Labrador, where the authorities took the stance, when the province joined Canada in 1949, that no one would be legally considered Indigenous. This paper analyzes the claims of the Indigenous groups of that province, which have resulted, over the last thirty years, in various forms of official recognition. In particular, this article highlights how the concept of equality was used by these Indigenous groups to buttress their claims. Equality, in this context, was mainly conceived of as …

Canadian Bijuralism At A Crossroad? The Impact Of Section 8.1 Of The Interpretation Act On Judicial Interpretation Of Federal Legislation, Aline Grenon

Osgoode Hall Law Journal

Section 8.1 of the Interpretation Act affirms the equal authority of the common law and civil law in the field of property and civil rights. The section states, subject to two exceptions, that federal enactments based on rules and concepts that are part of the law of property and civil rights are to be interpreted in accordance with these rules and concepts. Prior to the enactment of section 8.1 in 2001, courts had a tendency to opt for a uniform application of federal legislation based on common law concepts, with often negative results for Quebec civil law. Since then, the …

Who Writes? Gender And Judgment Assignment On The Supreme Court Of Canada, Peter Mccormick

Osgoode Hall Law Journal

This article poses the question: Now that women are receiving an increasing share of the seats on the Supreme Court of Canada (the Court), can we conclude with confidence that they have been admitted to full participation, with a mix of judgments—including the more significant decisions—that is fully comparable to their male colleagues? The author looks at the assignment of reasons for judgment on the Court over the last three chief justiceships, with specific reference to the relative rate of assignments to male and female judges. He finds that the male/female gap is more robust than ever, although he also …

A Tempest In A Transatlantic Teapot: A Legal Historian’S Critical Analysis Of Frédéric Bastien’S La Bataille De Londres, Philip Girard

Osgoode Hall Law Journal

This review discussed the allegations in Frederic Bastien’s book La Bataille de Londres, to the effect that two Supreme Court of Canada judges had improper communications with British and Canadian authorities before and after the hearing of the Patriation Reference. It analyzes in detail the five incidents upon which the allegations are based, and finds that the author’s interpretation cannot be supported in four of them because of faulty interpretation of the evidence or incomplete research. The fifth incident, in which Chief Justice Laskin met with the English attorney general, is found to have been arguably inappropriate judicial behaviour, but …

Book Note: Indispensable Counsel: The Chief Legal Officer In The New Reality, By E Norman Veasey And Christine T Di Guglielmo, Joshua Daniels

Osgoode Hall Law Journal

No abstract provided.

Book Note: Saving The Neighborhood: Racially Restrictive Covenants, Law, And Social Norms, By Richard Rw Brooks And Carol M Rose, Hayley Gaucher

Osgoode Hall Law Journal

No abstract provided.