Digital Commons Network^™

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.

Book Note: Copyright And Mass Digitization: A Cross-Jurisdictional Perspective, By Maurizio Borghi And Stavroula Karapapa, Anna Maria Konewka

Osgoode Hall Law Journal

No abstract provided.

Book Note: In Doubt: The Psychology Of The Criminal Justice Process, By Dan Simon, Jennifer Mckee

Osgoode Hall Law Journal

No abstract provided.

Book Note: The Behavior Of Federal Judges: A Theoretical And Empirical Study Of Rational Choice, By Lee Epstein, William M Landes, And Richard A Posner, Mohsen Seddigh

Osgoode Hall Law Journal

No abstract provided.

Book Note: Brandishing The First Amendment, By Tamara Piety, Patrick Stothers-Kwak

Osgoode Hall Law Journal

No abstract provided.

Book Note: The Electronic Silk Road: How The Web Binds The World Together In Commerce, By Anupam Chander, J. Tosh Weyman

Osgoode Hall Law Journal

No abstract provided.

Concert Recording 2014-04-23a, Rosabelle Zhou, Melody Schmidt, Megan Dobbs, Kelby Ferguson, Alexis Rizzolo, Tomoko Kashiwagi, Madeleine Hogue, Olga Greenhut, Coby Anderson, Stephan Mitchell, Yulia Orlova, Taylor Wilson, Kristine Mezines, Stephen Thorn, Johan Botes

Concert Recordings & Programs

3 miniature / Krzysztof Penderecki -- Sonata for trumpet and piano / Kent Kennan -- Prison / Gabriel Faure -- Rustiques / Eugene Bozza -- Ho capito / Wolfgang Amadeus Mozart -- Violin concerto no 3 in b minor, op 61. Molto moderato e maestoso / Camille Saint-Saens --Ave Maria / Luigi Luzzi -- Sculpture 3 / Rudiger Pawassar

Concert Recording 2014-01-25, Johan Botes, University Of Arkansas Fayetteville. Razorbones, Paul Pollard, Cory Mixdorf

Concert Recordings & Programs

Concerto. Allegro giusto ; Lento, ben ritmato ; Allegro moderato / Nino Rota -- Postcards III / Anthony Plog -- A beautiful noise. A beautiful noise ; Vocalise ; Rondo finale / John Frith -- Trombone institute of technology / Michael Davis -- Concertino. Allegro maestoso ; Andante ; Allegro moderato / Ernst Sachse -- New Orleans / Eugene Bozza -- Tosca. E lucevan le stele / Giacomo Puccini -- Romeo and Juliet, op. 64. Introduction ; Young girl Juliet ; Masks ; Montagues and Capulets ; Romeo and Juliet at parting ; Juliet's death and funeral / Sergei Prokofiev …

Concert Recording 2014-01-29, Andrew Simon, Johan Botes

Concert Recordings & Programs

Grand duo concertant, op. 48 / Carl Maria von Weber -- Moonflowers, baby! / Meyer Kupferman -- Premiere rhapsodie for clarinet and piano / Claude Debussy -- Fantasia on I puritani / Luigi Bassi ; arr. Vincenzo Bellini -- Viija / Franz Lehar ; arr. Richard Stoltzman

Teaching Reading: A Shared Vision And A Shared Responsibility 2012-2013: Principals As Literacy Leaders In Ceo Schools, Deslea Konza, Paul Woodley, Sam De Leo, Helen Dixon

Research outputs 2014 to 2021

The PALL Plus professional learning and research project was a collaborative effort between the Fogarty Learning Centre at Edith Cowan University and 16 Catholic primary schools within the Western Australian Catholic Education Office (CEO). It was initiated by the principal of Star of the Sea Primary School, Tim Emery, who coordinated involvement of the other schools and managed contractual responsibilities on behalf of the CEO. The project was based on the Principals as Literacy Leaders (PALL) pilot project funded by the Commonwealth Government in 2009-2010, and originally developed in partnership with the Australian Primary Principals Association, Griffith University and the …

Australian Youth Work Education: Curriculum Renewal And A Model For Sustainability For Niche Professions, Trudi Cooper, Judith Bessant, Robyn Broadbent, Jen Couch, Kathy Edwards, Jayne Jarvis, Cath Ferguson

Research outputs 2014 to 2021

The four main purposes of this project were to:

• Renew the curriculum for Australian youth work professional education, applying the approach to curriculum outlined by Barnett and Coate (2005)

• Investigate the potential for cross-institutional sharing of courseware and educational materials that will facilitate future benchmarking, inter-sectoral and inter-professional pathways, and international qualification recognition

• Promote long-term change through the establishment of a cross-sectoral youth work educators network

• Suggest starting points for a sustainability model for other niche professions.

Responding To The Evidence: Synthetic Phonics In Action: Final Report: Keys To Unlocking The Future 2012-2013, Deslea Konza

Research outputs 2014 to 2021

This project aimed to develop the capacity of primary teachers and School Support Officers (SSOs) to deliver a synthetic phonics program to beginning and struggling readers in 12 primary schools in the Yorke and Mid North region of South Australia. It was designed to ‘value-add’ to the Principals as Literacy Leaders (PALL) project which had been implemented in the region over the previous three years, and to build a critical mass of skilled teachers in a region that usually scored below average in reading on NAPLAN assessments.

A synthetic phonics program refers to one that teaches the alphabetic code or …

Higher Breakfast Glycaemic Load Is Associated With Increased Metabolic Syndrome Risk, Including Lower Hdl-Cholesterol Concentrations And Increased Tag Concentrations, In Adolescent Girls, Analise Nicholl, Mary Du Heaume, Trevor A. Mori, Lawrence J. Beilin, Wendy H. Oddy, Alexandra P. Bremner, Therese A. O'Sullivan

Research outputs 2014 to 2021

Almost all previous studies examining the associations between glycaemic load (GL) and metabolic syndrome risk have used a daily GL value. The daily value does not distinguish between peaks of GL intake over the day, which may be more closely associated with the risk of the metabolic syndrome. The aim of the present study was to investigate the cross-sectional associations between daily and mealtime measures of GL and metabolic syndrome risk, including metabolic syndrome components, in adolescents. Adolescents participating in the 14-year follow-up of the Western Australian Pregnancy Cohort (Raine) Study completed 3 d food records and metabolic assessments. Breakfast …

The Reliability Of An Adolescent Dietary Pattern Identified Using Reduced-Rank Regression: Comparison Of A Ffq And 3 D Food Record, Geeta Appannah, Gerda K. Pot, Therese A. O'Sullivan, Wendy H. Oddy, Susan A. Jebb, Gina L. Ambrosini

Research outputs 2014 to 2021

Despite the increasing use of dietary patterns (DP) to study diet and health outcomes, relatively few studies have examined the reliability of DP using different dietary assessment methods. Reduced-rank regression (RRR) is an emerging statistical method that incorporates a priori information to characterise DP related to specific outcomes of interest. The aim of the present study was to compare DP identified using the RRR method in a FFQ with those in a 3 d food record (FR). Participants were 783 adolescents from the Western Australian Pregnancy (Raine) Cohort Study who completed both a FFQ and FR at 14 years of …