Digital Commons Network^™

Memorandum Re: Health Canada's 'Draft Guidance' On Section 21.1(3)(C) Of The Food And Drugs Act, Matthew Herder, Trudo Lemmens

Reports & Public Policy Documents

In 2014 Parliament enacted a number of amendments to the Food and Drugs Act, R.S.C. 1985, c. F-27 [hereinafter the “F&D Act”]. Known as “Vanessa’s Law,” these amendments were intended to enhance the regulation of pharmaceutical drugs and thereby protect Canadians from harm by giving the regulator, Health Canada, new powers to, inter alia, recall drugs, require active post-market surveillance, and improve the transparency of information around pharmaceutical drugs. Vanessa’s Law explicitly recognized that “new measures are required to further protect Canadians from the risks related to drugs and medical devices.” (emphasis added) (Bill C-17, An Act to Amend the …

Implementation Procedures For Puerto Rico's Environmental Laws, Sara Enid Camerón

Walden Dissertations and Doctoral Studies

In 2004, Puerto Rico's new environmental legislation became part of the penal code with the intention of protecting the island nation's natural resources through criminal prosecution. However, the problem is a dearth of information about the prosecutions of environmental crimes and the law enforcement agent's implementation practices. The purpose of this study was to describe the execution of the law and the few cases prosecuted. Lipsky and Hull and Hjern's theory of implementation were used to help answer the research question: What are the implementation procedures of law enforcement agents on Puerto Rico's environmental crimes law, and what can be …

Student Perceptions Of Factors Affecting Retention In A Rural Associate Degree Nursing Program, Jodi Garcia

Walden Dissertations and Doctoral Studies

High nursing student attrition rates at a community college in a southwestern state were noted as a significant problem by nursing faculty and college administration because of a nursing shortage and subsequent health care issues in the surrounding community. The purpose of this project study was to explore the perceptions of nursing graduates regarding the influences that led to or impeded their success in completion of the associate degree nursing program. Additionally, perspectives of the usefulness of remediation sessions provided for students failing a course were investigated. This qualitative case study, guided by transformative learning theory, included a sample of …

Lessons From Sweden: Solidarity, The Welfare State, And Basic Income, Almaz Zelleke

The Journal of Sociology & Social Welfare

Progressive critics of a universal basic income argue that most nations face a budgetary choice between a full basic income and investment in public goods, including universal health care, free and well-funded education, and universal pensions, and have prioritized a robust welfare state, or the "Swedish Model," over basic income. But examination of Swedish economic policy reveals that the welfare state is only one of the ingredients of the Swedish Model, and that another is an interventionist labor market policy unlikely to be expandable to larger states without Sweden's cultural and demographic characteristics. Indeed, evidence suggests that Sweden's own recent …

Review Of Cultural-Existential Psychology: The Role Of Culture In Suffering And Threat. Daniel Sullivan. Reviewed By Daniel Liechty., Daniel Liechty

The Journal of Sociology & Social Welfare

Daniel Sullivan, Cultural-Existential Psychology: The Role of Culture in Suffering and Threat. Cambridge University Press (2016), 295 pages, $110 (hardcover).

The Cost Of Free Assistance: Why Low-Income Individuals Do Not Access Food Pantries, Kelley Fong, Rachel Wright, Christopher Wimer

The Journal of Sociology & Social Welfare

Non-governmental free food assistance is available to many lowincome Americans through food pantries. However, most do not use this assistance, even though it can be worth over $2,000 per year. Survey research suggests concrete barriers, such as lack of information, account for non-use. In contrast, qualitative studies focus on the role of cultural factors, such as stigma. Drawing on interviews with 53 low-income individuals in San Francisco who did not use food pantries, we reconcile these findings by illustrating how the two types of barriers are connected. Reasons for non-use such as need, information, long lines, and food quality were …

Toward Housing Stability: Exiting Homelessness As An Emerging Adult, Jeff Karabanow, Sean A. Kidd, Tyler Frederick, Jean Hughes

The Journal of Sociology & Social Welfare

This paper explores the lives of formerly homeless young people as they transitioned towards housing stability. The study employed a longitudinal design involving 51 street youth in Halifax, N.S. (n = 21) and Toronto, ON (n = 30). This paper sheds light upon the pathways through which young people transitioned away from homelessness using the developmental lens of emerging adulthood: a stage involving numerous developmental struggles (identity, instability, self-focus, feeling in-between) but also an age filled with hope and possibilities. There are numerous interrelated factors at play that allow participants to regain a sense of citizenship with mainstream society. While …

Grand Challenges: Social Justice And The Need For Evidence-Based Sex Offender Registry Reform, Jill S. Levenson, Melissa Grady, George Leibowitz

The Journal of Sociology & Social Welfare

Sex offender registries, though popular, bring with them enormous fiscal costs and unintended consequences for offenders and communities. Consistent with the Grand Challenges, social workers can play a role in advocating for sex offender management policies that are better informed by evidence and thus a better use of resources. Registry reform would also moderate the stigma resulting from the sex offender label, and reduce barriers to offender reintegration. First, a brief history of registration laws and the research around their effectiveness will be provided, followed by a rationale for needed improvements in sex offender management policy. Finally, evidence-based recommendations for …

Fear And Misinformation As Predictors Of Support For Sex Offender Management Policies, Poco Kernsmith, Erin Comartin, Roger Kernsmith

The Journal of Sociology & Social Welfare

This study investigated the public's agreement with sex offender management policies. Respondents (N = 703) were randomly sampled from the state of Michigan, using a CATI system. Two pathanalysis models were used to test if personal characteristics, level of fear of sex offenders, and misinformation regarding this population were predictive of agreement with: (a) sex offender registration and community notification policies; and (b) more severe sanctions (life in prison and chemical castration). The findings suggest that greater fear of sex offenders and acceptance of misinformation were predictive of more support of sex offender management policies. Research has found that these …

Copyright’S Other Functions, Margaret Chon

Faculty Articles

This response to a keynote speech by Judge Margaret McKeown explores some dimensions of copyright in addition to its dominant function as a set of market-facilitating exclusive rights. The recent possible trend towards protecting privacy and other non-commercial concerns via copyright law is not necessarily inconsistent with its historical usages, does not necessarily threaten freedom of expression and may further important privacy policies. The balance of these competing policies is shifting, especially in an environment of proliferating digital content where cyber civil rights may need further development in response to cyberbullying. It examines the specific case of non-consensual pornography as …

The Influence Of Exile, Sara K. Rankin

Faculty Articles

Belonging is a fundamental human need, but human instincts are Janus-faced and equally strong is the drive to exclude. This exclusive impulse, which this Article calls "the influence of exile, reaches beyond interpersonal dynamics when empowered groups use laws and policies to restrict marginalized groups' access to public space. Jim Crow, Anti-Okie, and Sundown Town laws are among many notorious examples. But the influence of exile perseveres today: it has found a new incarnation in the stigmatization and spatial regulation of visible poverty, as laws that criminalize and eject visibly poor people from public space proliferate across the nation. These …

Cross V. Facebook, Northern District Of California

Historical and Topical Legal Documents

No abstract provided.

“Doing Time Long After The Crime: How A Prison Sentence Today Is Only The Beginning Of A Felon’S Life-Long Sentence As A Pariah To Society”, Mary C. Pollock

UROP Posters

This research seeks to explore the various difficulties in convicted felons’ life after their transition back into society. The research examines how an ex-convict’s finances, interpersonal relationships with friends, family, and romantic partners, lifetime opportunities, mental health, physical health, and living conditions are affected by the offender’s status as such an offender, as well as to consider ways in which these difficulties can be alleviated for future ex-offenders upon reassimilation into society after a prison sentence. Though indeed a broad topic, this particular brand of research seeks to highlight the exaggerated perception of the ex-con as a permanently damned member …

Guns, Bird Feathers, And Overcriminalization: Why Courts Should Take The Second Amendment Seriously, Robert J. Cottrol, George Mocsary

GW Law Faculty Publications & Other Works

Who should the state punish? Why? Should punishment be proportional? This article surveys, in the context of these fundamental criminal-law questions, the Second Amendment’s constitutional history and jurisprudence. A vast body of evidence shows that the framers of both the Second and Fourteenth Amendments intended to protect the individual’s right to keep and carry arms for protection against both governmental and private aggression.

Yet courts, unwilling to allow disfavored groups the means of self-defense, or fearing being blamed for criminal firearm activity, have failed to enforce the right to bear arms to any meaningful extent. After the Civil War, the …

Tobacco And Cannabis: The Evolution Of Pertinent Rules And Regulations And Subsequent Financial Ramifications, Palmer Avisto

Honors Theses

My thesis will discuss the evolution of the regulations surrounding tobacco and cannabis and the subsequent financial ramifications later posed on pertaining companies and the industries themselves. I will also briefly discuss the evolution of tobacco advertisements and the introduction of e-cigarettes into the tobacco market. Concerning newly legalized cannabis stores, I will discuss the struggle to acquire financial tools, the state-Federal disagreement, and proposed solutions to those issues. Both having been deemed public enemy number one, I will compare marijuana and tobacco regarding health effects, profitability after new laws, and their overall economic profitability for the country. I researched …

Portmanteau Ascendant: Post-Release Regulations And Sex Offender Recidivism, J. J. Prescott

Articles

The purported purpose of sex offender post-release regulations (e.g., community notification and residency restrictions) is the reduction of sex offender recidivism. On their face, these laws seem well-designed and likely to be effective. A simple economic framework of offender behavior can be used to formalize these basic intuitions: in essence, post-release regulations either increase the probability of detection or increase the immediate cost of engaging in the prohibited activity (or both), and so should reduce the likelihood of criminal behavior. These laws aim to incapacitate people outside of prison. Yet, empirical researchers to date have found essentially no reliable evidence …

Tragedy And Ethics In Storm Chasing, Anthony Laubach

Research Papers

No abstract provided.

Secret Jurisdiction, Irina D. Manta, Cassandra Burke Robertson

Hofstra Law Faculty Scholarship

So-called "confidentiality creep" after the events of 9/11 has given rise to travel restrictions that lack constitutionality and do nothing to improve airline security. The Executive Branch's procedures for imposing such restrictions rely on several layers of secrecy: a secret standard for inclusion on the no-fly list, secret procedures for nominating individuals to the list, and secret evidence to support that decision. This combination results in an overall system we call "secret jurisdiction," in which individuals wanting to challenge their inclusion on the list are unable to learn the specific evidence against them, the substantive standard for their inclusion on …

Adverse Consequences And Constructive Opportunities For Immigrant Youth In Delinquency Proceedings, Theo Liebmann

Hofstra Law Faculty Scholarship

For lawyers representing youth in juvenile delinquency cases, providing sound, knowledgeable counsel on immigration issues can empower clients to make informed decisions and help protect clients from potential adverse immigration consequences. This Article closely examines those consequences and opportunities; articulates the extent of the duty for lawyers who represent minors in delinquency cases to be able to competently advise and advocate for their clients, under both existing ethical rules and the 2010 Supreme Court decision Padilla v. Kentucky; and analyzes the challenges of applying those standards to the representation of immigrant youth in delinquency proceedings.

Police Bias In The Enforcement Of Drug Crimes: Evidence From Low Priority Laws, Gregory Deangelo, R. Kaj Gittings, Amanda Ross, Anne Walker

Economics Faculty Working Papers Series

We consider the impact of adoption of a low priority initiative in some jurisdictions within Los Angeles County on police behavior. Low priority initiatives instruct police to make the enforcement of low level marijuana possession offenses their “lowest priority.” Using detailed data from the Los Angeles County Sheriff’s Department and a difference-indifferences strategy, we show that the mandate resulted in a lower arrest rate for misdemeanor marijuana possession in adopting areas. However, the lower relative arrest rate is driven by a spike in the arrest rate in areas not affected by the mandate rather than a reduction in adopting areas.

Composite Confinement Systems For Rc Column Repair And Construction Under Seismic Loads: Concept, Characterization And Performance, Mostafa Fakharifar

Doctoral Dissertations

"This study aims at developing, characterizing and validating an integrated composite confinement system of conventional jackets for: (1) repair and retrofit of existing bridge columns; and (2) construction of new bridge columns, subjected to earthquake excitations.

A new composite steel confinement jacket was proposed by combining a thin steel sheet and prestressing strands as a hybrid jacket, incorporating active and passive confining pressure on damaged RC columns. Both experimental and analytical studies were conducted to understand the performance and effectiveness of the proposed repair method. The experimental study involved two 1/2-scale lap-spliced deficient RC bridge columns originally tested to failure …

Brumfield V. Cain: Developing A Matter Of Disability And Death, Stesha Turney

Loyola of Los Angeles Law Review

No abstract provided.

Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer

Articles

Lawyers and judges who deal with municipal law are perpetually puzzled by the distinction between “governmental” and “proprietary” powers of local governments. The distinction is murky, inconsistent between jurisdictions, inconsistent within jurisdictions, and of limited use in predicting how courts will rule. Critics have launched convincing attacks on the division of municipal powers into these two categories. Most articles have focused on problems with the distinction in specific areas of municipal law. In contrast, this article provides a comprehensive analysis of the governmental/proprietary distinction in seven specific doctrinal areas: legislative grants of municipal authority, government contracts, torts, eminent domain, adverse …

Challenging The "Criminal Alien" Paradigm, Angélica Cházaro

Articles

Deportation of so-called “criminal aliens” has become the driving force in U.S. immigration enforcement. The Immigration Accountability Executive Actions of late 2014 provide the most recent example of this trend. Even for immigrants’ rights advocates, conventional wisdom holds that if deportations must occur, “criminal aliens” should be the first to go. A voluminous “crimmigration” scholarship notes the ever-growing entwinement of criminal and immigration enforcement, but does not challenge this fundamental premise.

This Article calls for a rejection of the formulation of the “criminal alien”—the figure used to increasingly justify the preservation and expansion of a harmful immigration regime. It thus …

Federal Treaty And Trust Obligations, And Ocean Acidification, Robert T. Anderson

Articles

Ocean acidification will have profound effects on the entire human population and natural resources that depend in any way upon Earth’s oceans and lakes. In turn, those effects will be even greater, and potentially catastrophic, for indigenous populations who rely on the seas for physical, cultural, and spiritual sustenance. While most research on carbon dioxide absorption from the atmosphere has focused on oceans and the resulting acidification, many believe that acidification levels also will also increase in the Great Lakes. Indian tribes in the Pacific Northwest and the Great Lakes regions share reliance on marine and freshwater resources, and many …

The Risks Of Clouded Property Title For Cannabis Business Owners, Investors, And Creditors, Sean M. O'Connor, Jason Liu

Articles

This Article provides a brief primer on the surprising range of assets that the Controlled Substances Act forfeiture provisions govern for the state-legal cannabis businesses. It outlines these provisions for tangible as well as intangible property, with an emphasis on risks to state-legal cannabis businesses’ intellectual property and issued securities.

We argue that these forfeiture risks create clouded title for all subject tangible and intangible property—not only for the state-legal businesses and their proprietors, but also for those businesses’ outside investors, creditors, and suppliers/contractors.

No Hands: Reevaluating What Control Is Necessary To Establish Actual Physical Control Following State V. Nekolite, Kimberly B. Mcnulty

South Dakota Law Review

No abstract provided.

Attitudes And Barriers To Intimate Partner Violence Screening And Follow-Up During Prenatal Care As Reported By Survivors In The El Paso, Texas Region, Luz Maria Luna

Open Access Theses & Dissertations

About 37.1% of Hispanic women in the United States have experienced intimate partner violence (IPV) (Breiding, 2014). In Texas, family violence cases among women comprised 73% of the total complaints (Texas Department of Public Safety 2012), and fatalities of women by an intimate partner totaled 102 women in 2011 (Office of Court Administration, 2013). In El Paso, Texas, the Center Against Sexual and Family Violence (CASFV) received 823 people in its emergency shelter from 2012 to 2013 and 70% of those residents were women (Center Against Family Violence, 2015). The Healthy People 2020 has assigned developmental objective IVP-39, under the …

Exploring Factors Of Initimate Partner Violence Among Men Of Mexican Origin, Bibiana Marie Mancera

Open Access Theses & Dissertations

Intimate partner violence (IPV) affects many females, particularly women of color, in the United States. Victims of IPV experience both short and long term physical and mental consequences (World Health Organization, 2014), which negatively impact the healthcare and judicial system (Lloyd & Taluc, 1999). Few qualitative studies have been conducted among men of Mexican origin (MMO), exploring unique risk factors that contribute to the higher incidence of IPV perpetration among this population. The purpose of this study was to explore IPV perpetration risk factors among MMO. The research question that guided this study were: 1) what are the issues confronting …

Removing The "Silencer": Coverage And Protection Of Physician Speech Under The First Amendment, Ryan T. Weiss

Duke Law Journal

The physician–patient relationship rests on a bedrock of trust. Without trust, patients—and for that matter, physicians—are less willing to divulge information critical to providing accurate medical diagnoses and treatments. The state of Florida seemingly ignored this when its legislature, with support from the National Rifle Association and other pro-gun advocates, enacted the Firearm Owners Privacy Act (FOPA), a statute that restricts physicians from questioning their patients about firearm ownership. In Wollschlaeger v. Governor of Florida , the United States Court of Appeals for the Eleventh Circuit held that FOPA did not regulate physician speech but, instead, regulated physician conduct. As …