Digital Commons Network^™

Family Defense And The Disappearing Problem-Solving Court, Jane M. Spinak

Faculty Scholarship

Problem-solving courts began to flourish in the early 1990s with the creation of criminal drug courts as alternatives to standard criminal court practices. In the drug courts, defendants would receive treatment rather than incarceration and be monitored closely within the court. Family Court Treatment Parts (FCTPs) were developed in the late 1990s in New York State, fully embracing the three key components of the problem-solving drug court model: (1) an activist judge who helps to fashion, and then closely monitor, dispositions; (2) a team of lawyers, social workers, and court personnel who try to identify and then work toward commons …

Climate Change And Social Work: Our Roles And Barriers To Action, Tina Cumby

Theses and Dissertations (Comprehensive)

This qualitative research project was conducted using a grounded theory research methodology and was approached with the theoretical underpinnings of social constructivism and pragmatism. The purpose of this research was to assess what role, if any, that social workers can play in dealing with environmental issues such as climate change and what barriers, if any, they will likely experience as they engage with these issues. It is important to explore these roles and barriers because social work is a profession that is well equipped to mitigate environmental issues like climate change, yet there is virtually no social work presence in …

The Feasibility, Practicality And Uses Of Detecting Crop Water Stress In Southern Ontario Apple Orchards With A Uas, Thomas S. Tiidus Mr.

Theses and Dissertations (Comprehensive)

UAS (Unmanned Aerial Systems) are becoming more common place in agricultural sites around the world. While the accuracy of achieving NDVI (Normalized Difference Vegetation Index) from a UAS is well understood, few studies have attempted to acquire other plant health attributes such as CWSI (Crop Water Stress Index), particularly in horticulture such as apple orchards. In addition, no academic studies up to the time of this writing have explored the perceived usefulness of data obtained from a UAS for the average farmer. This study explored the practicality and feasibility of using UAS for apple orchards in Southern Ontario. This study …

The Tale Of Soulmates Or A Marriage Of Convenience? Tying The Knot Of Human Rights With Development And Its Goals Through Donor Programs And Projects. The Case Of The Canadian International Development Agency (Cida), Taguhi Dallakyan

Theses and Dissertations (Comprehensive)

The purpose of the dissertation was to examine whether globally agreed development goals (Millennium Development Goals (MDGs), with a specific focus on poverty reduction) were operationalized in human rights, access to justice and rule of law programs/projects of Canadian International Development Agency (CIDA) and of its executing partners. The analysis of the CIDA’s reports to Parliament and programing documents indicates that from the first years of the launch of MDGs, they were operationalized within the CIDA’s programing architecture and remained as a macro- level goal of the agency. MDGs, with the focus on poverty reduction, were treated as an ultimate …

The Effects Of External Focus Of Attention Exercise Rehabilitation On Dual Task Walking In Parkinson's Disease, Eric N. Beck

Theses and Dissertations (Comprehensive)

Parkinson’s disease impairs control of well-learned movements, and therefore, individuals with Parkinson’s disease are forced to walk with greater conscious control. This causes difficulties while walking and completing a secondary task simultaneously (dual tasking), in that distractions from conscious control of walking increase the risk of falls and injury. Although, attention-based exercise may be a potential avenue to decrease the demands associated with walking in Parkinson’s disease. For example, an external focus of attention (on manipulated objects) has been found to recruit the networks that are important for walking with little conscious control (automatic control networks). In contrast, an internal …

Hiv Testing In The Context Of Hiv Stigma And Minority Stress, Mallory C. Harrigan

Theses and Dissertations (Comprehensive)

The HIV test is highly valued for its role in promoting personal health, aiding in HIV prevention, and enabling the epidemiological tracking of the virus. However, relatively few scholars have critically examined the social and cultural implications of testing practices (Scott, 2003). These implications are of particular concern because the groups targeted for testing (referred to as service priority groups) are marginalized communities, and have historically been further marginalized by many public health HIV prevention efforts (Waldby, 1996). This thesis examines the experience of receiving an HIV test from the perspective of individuals in service priority groups, which include gay, …

The 2d:4d Ratio, Handedness, And Sex Across The Age Span, Helen A M Protopapas Ms.

Theses and Dissertations (Comprehensive)

The ratio of the difference between the 2nd and 4th digits of the hand (2D:4D ratio) has been demonstrated to be an indirect indicator of prenatal testosterone levels. Prenatal testosterone has been found to play a role in brain development in utero, and thus may influence lateral asymmetries, such as handedness. Consequently, one of the aims of the current study was to examine relationships between the 2D:4D ratio, hand preference, and hand performance with the factors of sex (males and females), handedness (right handers and left handers), and age considered. A total of 104 participants were tested, 90 right handers …

Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples, Jackson A. Smith

Theses and Dissertations (Comprehensive)

Compliance of human rights norms requires the application of pressure from a multitude of directions and levels. It takes individual advocacy, micro-system/organizational/community-level pressure, and macro-level pressure from other nation-states and international organizations and governance bodies. This MA study focuses on the mechanisms employed by the United Nations to monitor the compliance of signatory nation-states to the standards established in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), with particular focus on Canada. A crucial goal of this study is to translate the UN Special Rapporteur on the Rights of Indigenous Peoples (UNSRRIP), James Anaya’s, findings on the …

Acculturation And Post-Immigration Changes In Obesity, Physical Activity, And Nutrition: Comparing Hispanics And Asians In The Waterloo Region, Ontario, Canada., Michele Vitale Mr., Sean Doherty

Theses and Dissertations (Comprehensive)

OBJECTIVES: The acculturation hypothesis speculates that as new immigrants get exposed to more obesogenic environments, they progressively acquire the unhealthy lifestyles of the host society, and their obesity risk gradually increases since time of arrival. However, the consistency of the presumed acculturation effect across immigrant groups and gender, and the reasons behind individual changes in lifestyle behaviors remain unclear. Thus, this study investigated the acculturation hypothesis in the Canadian context by comparing two foreign groups, Hispanics and East/Southeast Asians, which present contrasting post-settlement obesity patterns and behavioral trends.

Methods: A 41-item questionnaire (including open-ended questions) was administered with 100 first-generation …

Characterization Of A Phosphonate-Specific Cytidylyltransferase, Kissa Batul

Theses and Dissertations (Comprehensive)

Antibiotic resistance is a major global health concern that requires new therapeutic approaches. Furthermore, a lack of narrow spectrum antibiotics on the market produces unintended consequences with respect to changes in our microbial make up. Phosphonates are reduced versions of phosphates that possess a C-P bond which is more resistant to enzymatic and chemical degradation. The role of phosphonate containing macromolecules (e.g. cell surface polysaccharides) remains enigmatic, however their presence suggests that they may confer an advantage. The biosynthesis of phosphonate-containing macromolecules is unknown, but a pathway is proposed involving aLicC type cytidylyltransferase-catalyzed conjugation to a phosphonate followed by a …

Quaking Aspen In Utah: Integrating Recent Science With Management, Paul C. Rogers, Samuel B. St. Clair

Wildland Resources Faculty Publications

Quaking aspen is widely regarded as a key resource for humans, livestock, and wildlife with these values often competing with each other, leading to overuse of aspen in some locations and declines. We review trends in aspen science and management, particularly in Utah. Historically, research conducted here holds a prestigious place in international aspen circles. We highlight recent studies continuing the tradition to keep rangeland managers informed of important developments, focusing on aspen functional types, historical cover change and climate warming, ungulate herbivory, and disturbance interactions.

Tennessee Farm Bureau News - January 2016, Tennessee Farm Bureau Federation

Tennessee Farm Bureau News

No abstract provided.

The Effects Of Local Police Surges On Crime And Arrests In New York City, John Macdonald, Jeffery Fagan, Amanda Geller

Faculty Scholarship

The New York Police Department (NYPD) under Operation Impact deployed extra police officers to high crime areas designated as impact zones. Officers were encouraged to conduct investigative stops in these areas. City officials credited the program as one of the leading causes of New York City’s low crime rate. We tested the effects of Operation Impact on reported crimes and arrests from 2004 to 2012 using a difference-in-differences approach. We used Poisson regression models to compare differences in crime and arrest counts before and after census block groups were designated as impact zones compared to census block groups in the …

The Constitutionalization Of Indian Private Law, Shyamkrishna Balganesh

Faculty Scholarship

This chapter examines the relationship between private law and constitutional law in India, with particular emphasis on tort law. It considers the Indian Supreme Court’s expansion of its fundamental rights jurisprudence over the past thirty years, as well as its effort to transcend the public law/private law divide. It also explains how the Court’s fusion of constitutional law and tort law has affected the independent efficacy, normativity, and analytical basis of equivalent private law claims in India. It argues that the Court’s efforts have only undermined the overall legitimacy of private law mechanisms in the country, and that this phenomenon …

Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi

Faculty Scholarship

A central question in the literature on customary international law (CIL) goes to method: what is the proper method for “finding” CIL – that is, for determining that particular norms qualify as CIL? The traditional method is to identify a widespread state practice, plus evidence that states believe that the practice reflects the law (opinio juris). That method has long been criticized as incoherent, unworkable, and out of touch with modern sensibilities. Thus, much of the CIL literature addresses its perceived problems. The principal goals of this literature are to help resolve whether norms that are claimed to …

Testimony Regarding The First Amendment Defense Act (Fada), Katherine M. Franke, Elizabeth A. Sepper, Ariela Gross, Sylvia A. Law, Martin S. Flaherty, Suzanne B. Goldberg, Carol Sanger, J. Stephen Clark, Florens Wagman Roisman, Gregory Magarian, Caroline Mala Corbin, Nomi Stolzenberg, Carlos A. Ball, Aaron Ezra Waldman, Aziza Ahmed, Jennifer A. Drobac, Deborah Widiss, Arthur S. Leonard, Martha M. Ertman

Faculty Scholarship

My testimony today is delivered on behalf of twenty leading legal scholars who have joined me in providing an in depth analysis of the meaning and likely effects of the First Amendment Defense Act (FADA), were it to become law. We feel particularly compelled to provide testimony to this Committee because the first legislative finding set out in FADA declares that: “Leading legal scholars concur that conflicts between same-sex marriage and religious liberty are real and should be addressed through legislation.” As leading legal scholars we must correct this statement: we do not concur that conflicts between same-sex marriage and …

Litigation: Time To Revisit Chevron Deference?, Jack M. Beerman, Charles J. Cooper, Thomas W. Merrill, Amy J. Wildermuth, Don R. Willett

Faculty Scholarship

This panel discussion took place on Thursday, November 13, 2014 at the Mayflower Hotel in Washington, D.C., prior to the passing of Justice Antonin Scalia. Justice Scalia's impact on the development of administrative law in the United States is unparalleled.

Granting Exemptions From Legal Duties: When Are They Warranted And What Is The Place Of Religion?, Kent Greenawalt

Faculty Scholarship

In what follows, I focus on when exemptions from legal duties are called for and whether religion should be a crucial ingredient. I concentrate especially on the present controversy over same-sex marriage, and how far people and organizations should be required to afford those couples equal status. But other kinds of exemptions can help us understand various general questions and provide key insights about this intense concern of our time.

My basic conclusions are these: religious convictions and practices do matter but only sometimes should they be legally distinguished from other bases. Considering all that is at stake, certain exemptions …

Minimum Fees For The Self-Employed: A European Response To The "Uber-Ized" Economy?, Eva Grosheide, Mark Barenberg

Faculty Scholarship

In advanced market economies in Europe and North America, a large and growing percentage of the workforce is self-employed. This group earns a contractual fee from clients, rather than a wage or salary from employers, one form of the so-called "Uberization" of the labor market. Through an analysis of the Court of Justice of the European Union's (CJEU) rulings, this Article explores whether minimum fees for the self-employed could be implemented without infringing European Union (EU) competition law. In particular, it lays out four possible legal mechanisms – what the paper dubs "U-turns" – that swerve around the social harms …

Putting Prep Into Practice: Lessons Learned From Early-Adopting U.S. Providers’ Firsthand Experiences Providing Hiv Pre-Exposure Prophylaxis And Associated Care, Sarah K. Calabrese, Manya Magnus, Kenneth H. Mayer, Douglas S. Krakower, Adam I. Eldahan, Lauren A. Gaston Hawkins, Nathan B. Hansen, Trace S. Kershaw, Kristen Underhill, Joseph R. Betancourt, John F. Dovidio

Faculty Scholarship

Optimizing access to HIV pre-exposure prophylaxis (PrEP), an evidence-based HIV prevention resource, requires expanding healthcare providers’ adoption of PrEP into clinical practice. This qualitative study explored PrEP providers’ firsthand experiences relative to six commonly-cited barriers to prescription – financial coverage, implementation logistics, eligibility determination, adherence concerns, side effects, and anticipated behavior change (risk compensation) – as well as their recommendations for training PrEP-inexperienced providers. U.S.-based PrEP providers were recruited via direct outreach and referral from colleagues and other participants (2014-2015). One-on-one interviews were conducted in person or by phone, transcribed, and analyzed. The sample (n = 18) primarily practiced …

Learning To Counter Mass Incarceration, Brett Dignam

Faculty Scholarship

Limited access to education inside American prisons imposes a devastating condition of confinement that cripples both the offender and the community. The prolonged and empty time that characterizes prison today affords little mental stimulation, productive engagement, or preparation for post-release employment. Recent research and analysis has found that education during incarceration correlates with lower rates of recidivism and increases the likelihood and quality of post-release employment. There is a pronounced racially disparate dimension to these effects that are concentrated in communities where investment by the criminal justice system is extraordinarily high. Failure to provide education and the resulting higher rates …

Don’T Point That Gun At My Mum: Geriatric Zombies, Gerry Canavan

English Faculty Research and Publications

No abstract provided.

Evaluation Of Total Daily Dose And Glycemic Control For Patients Taking U-500 Regular Insulin Admitted To The Hospital, Andrew O/ Paulus, Jeffrey A. Colburn, Mark W. True, Darrick J. Beckman, Richard P. Davis, Jana L. Wardian Phd, Sky D. Graybill, Irene Folaron, Jack E. Lewi

Journal Articles: Hospital Medicine

OBJECTIVE: Patients using U-500 regular insulin are severely insulin resistant, requiring high doses of insulin. It has been observed that a patient's insulin requirements may dramatically decrease during hospitalization. This study sought to systematically investigate this phenomenon.

METHODS: We performed a retrospective chart review of patients with U-500 insulin outpatient regimens who were admitted to the San Antonio Military Medical Center over a 5-year period. Each patient's outpatient total daily dose (TDD) of insulin was compared to the average inpatient TDD. The outpatient estimated average glucose (eAG) was calculated from the glycated hemoglobin (HbA1c) and compared to the average inpatient …

Firearm Legislation And Firearm Mortality In The Usa: A Cross-Sectional, State-Level Study, Bindu Kalesan, Matthew Mobily, Olivia Keiser, Jeffrey Fagan

Faculty Scholarship

In an effort to reduce firearm mortality rates in the USA, US states have enacted a range of firearm laws to either strengthen or deregulate the existing main federal gun control law, the Brady Law. We set out to determine the independent association of different firearm laws with overall firearm mortality, homicide firearm mortality, and suicide firearm mortality across all US states. We also projected the potential reduction of firearm mortality if the three most strongly associated firearm laws were enacted at the federal level.

Gateway-Schmateway: An Exchange Between George Bermann And Alan Rau, Alan Scott Rau, George Bermann

Faculty Scholarship

What role do national courts play in international arbitration? Is international arbitration an “autonomous dispute resolution process, governed primarily by non-national rules and accepted international commercial rules and practices” where the influence of national courts is merely secondary? Or, in light of the fact that “international arbitration always operates in the shadow of national courts,” is it not more accurate to say that national courts and international arbitration act in partnership? On April 27, 2015, the Pepperdine Law Review convened a group of distinguished authorities from international practice and academia to discuss these and other related issues for a symposium …

Justice And Accountability: Activist Judging In The Light Of Democratic Constitutionalism And Democratic Experimentalism, William H. Simon

Faculty Scholarship

This essay examines the charge that activist judging is inconsistent with democracy in the light of two recent perspectives in legal scholarship. The perspectives – Democratic Constitutionalism and Democratic Experimentalism – suggest in convergent and complementary ways that the charge ignores or oversimplifies relevant features of both judging and democracy. In particular, the charge exaggerates the pre-emptive effect of activist judging, and it implausibly conflates democracy with electoral processes. In addition, it understands consensus as a basis for judicial legitimacy solely in terms of pre-existing agreement and ignores the contingent legitimacy that can arise from the potential for subsequent agreement.

Street Stops And Police Legitimacy In New York, Jeffrey Fagan, Tom Tyler, Tracey L. Meares

Faculty Scholarship

Police-initiated citizen encounters in American cities often are non-neutral events. Encounters range from routine traffic stops to police interdiction of pedestrians during their everyday movements through both residential and commercial areas to aggressive enforcement of social disorder offenses. As a crime detection and control strategy central to the “new policing,” these encounters often are unproductive and inefficient. They rarely result in arrest or seizure of contraband, and often provoke ill will between citizens and legal authorities that discourages citizen cooperation with police and compliance with law. In this chapter, we describe the range of potentially adverse reactions or harms that …

The New Labor Law, Kate Andrias

Faculty Scholarship

Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law’s most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining among workers has little to offer those it purports to protect. Several scholars have suggested ways to breathe new life into the old regime, yet their proposals do not solve the basic problem. Labor law developed for the New Deal does not provide solutions to today’s inequities. But all hope is not lost. From the remnants of the …

An Evaluation Of A Smartphone–Assisted Behavioral Weight Control Intervention For Adolescents: Pilot Study, Chad D. Jensen, Kristina M. Duncombe, Mark A. Lott, Sanita L. Hunsaker, Kara Mcrae Duraccio, Susan J. Woolford

Faculty Publications

Background: The efficacy of adolescent weight control treatments is modest, and effective treatments are costly and are not widely available. Smartphones may be an effective method for delivering critical components of behavioral weight control treatment including behavioral self-monitoring.

Objective: To examine the efficacy and acceptability of a smartphone assisted adolescent behavioral weight control intervention.

Methods: A total of 16 overweight or obese adolescents (mean age=14.29 years, standard deviation=1.12) received 12 weeks of combined treatment that consisted of weekly in-person group behavioral weight control treatment sessions plus smartphone self-monitoring and daily text messaging. Subsequently they received 12 weeks of electronic-only intervention, …

Reflections On Obergefell And The Family-Recognition Framework's Continuing Value, Suzanne B. Goldberg

Faculty Scholarship

Unlike a typical law review essay, I offer reflections here based largely on my own past work in LGBT rights advocacy. Together with related scholarship, I rely on these experiences to argue that the 'family recognition" framework underlying earlier advocacy has value going forward, even after the Supreme Court's ruling in favor of nationwide marriage equality.