Digital Commons Network^™

Ps V Ontario: Rethinking The Role Of The Charter In Civil Commitment, Isabel Grant, Peter J. Carver

Osgoode Hall Law Journal

In PS v Ontario, the Ontario Court of Appeal held that section 7 of the Charter requires that persons who are civilly committed for six months or more must have access to meaningful review over the conditions of their detention. In this paper, the authors argue that the decision has broad implications for provincial civil commitment regimes across the country. In particular, the Court’s analogy to the Criminal Code Review Board jurisprudence opens the door to a fuller recognition of the profound deprivation of liberty involved in civil commitments. An expanded role for civil review tribunals may be required, including …

Why I Don’T Teach Administrative Law (And Perhaps Why I Should?), Allan C. Hutchinson

Osgoode Hall Law Journal

This Commentary reflects upon the challenges of teaching Administrative Law today. Drawing upon the author’s own career trajectory and his commitment to a critical account of law and adjudication, the article seeks to question the foundations of both administrative law and critical theory. It offers no comprehensive or cogent plan as to what to do, but insists upon the relevance and importance of combining both legal theory and legal doctrine in a convincing pedagogical approach.

“By The Court”: The Untold Story Of A Canadian Judicial Innovation, Peter Mccormick

Osgoode Hall Law Journal

What do the BCE case of 2008, the Securities Reference case of 2010, the Senate Reform Reference case of 2014, and the Carter (assisted suicide) case of 2015 have in common? All are unanimous decisions of the Supreme Court of Canada in which the reasons for judgment—the explanation as to why the outcome is the legally and constitutionally appropriate one—are not attributed to any specific named judge or judges on the Supreme Court, but rather to a mysterious entity called THE COURT. Very few Supreme Court decisions take this form, and there was a time not that long ago when …

Book Review: The Liberty Of Non-Citizens: Indefinite Detention In Commonwealth Countries, By Rayner Thwaites, Colin Grey

Osgoode Hall Law Journal

This is a book review of The Liberty of Non-citizens: Indefinite Detention in Commonwealth Countries by Rayner Thwaites.

Book Note: What’S Wrong With Copying?, By Abraham Drassinower, James A. Hayes

Osgoode Hall Law Journal

“IN THE WORLD OF COPYRIGHT, an author is no sovereign despot in an inverted world of commodities. She is rather a citizen among others in the great Republic of Letters.”2 Abraham Drassinower thus concludes What’s Wrong With Copying? with an eloquent expression of its thesis. In this provocative book, Drassinower critiques fundamental copyright theory and posits a move to an inclusive philosophy that compensates for increasingly blurred lines between authors and publics. Drassinower argues for the construction of authors as speakers, works of authorship as instances of communication, audiences as interlocutors, and the public domain as a set of conditions …

Book Note: Literature & The Law Of Nations 1580-1680, By Christopher N. Warren, Sarah Mackenzie

Osgoode Hall Law Journal

WHAT IS THE HISTORY OF THE TERMS international and globalization? How have they evolved, and what is their relevance? These are the questions Christopher N. Warren attempts to answer in Literature & the Law of Nations. Warren explores how the modern concept of law of nations has evolved and developed, tracing how it has passed from one age, culture, or language to the next. Warren argues the law of nations has evolved through literature, and that the recurrence of key words can be used to explore its roots. By examining literary works through the ages, the historical meaning of “nation” …

Book Note: Other People’S Houses: How Decades Of Bailouts, Captive Regulators, And Toxic Bankers Made Home Mortgages A Thrilling Business, By Jennifer Taub, Keton Motta Freeman

Osgoode Hall Law Journal

OTHER PEOPLE’S HOUSES ADDS TO A GROWING LITERATURE on the origins of the Financial Crisis of 2008. Jennifer Taub’s contribution provides one of the most comprehensive studies to date. She outlines the many causes of the crisis, dispels myths, and explains what has been done—or how little has been done—in the wake of the crisis, while keeping the perspectives of struggling homeowners front and center. Taub begins by showing how the 2008 crisis was a continuation of the savings and loans crisis of the 1980s and 1990s that brought countless farmers and banks to ruin. In both crises, the “same …

Book Note: The End Of The Charter Revolution: Looking Back From The New Normal By Peter J Mccormick, Lillianne Cadieux-Shaw

Osgoode Hall Law Journal

CANADA’S CONSTITUTIONALIZED BILL OF RIGHTS, the Charter of Rights and Freedoms,2 unified the country under a set of principles that were designed to encapsulate liberty and equality, and safeguard an expansive set of rights and freedoms. Entrenched in 1982, the Charter fundamentally changed the Canadian legal landscape and allowed the Supreme Court of Canada to take center stage as the “best show in town,”3 generously sketching out rights for all in a golden age of Canadian law. But, as Peter McCormick argues in his new book The End of the Charter Revolution, that golden age may be finished. The Charter …

Book Note: Dying From Improvement: Inquests And Inquiries Into Indigenous Deaths In Custody, By Sherene H. Razack, Daphne Papadatos

Osgoode Hall Law Journal

INDIGENOUS DEATHS IN CUSTODY have long told a story of alcoholism and mental illness, suggesting a fundamental incapacity of Canada’s Indigenous populations to survive and prosper in modern society. In Dying from Improvement Sherene H. Razack tells a different story, one of colonial aggression which constructs the state as a body that secures its own legitimacy through encounters with Indigenous bodies. Running parallel to this examination is a question for all Canadians: In the face of police aggression and the profound indifference that underlies so many Indigenous deaths in custody, “why do we fail to care?”2 By examining inquests and …

Book Note: Ruin And Redemption: The Struggle For A Canadian Bankruptcy Law, 1867-1919, By Thomas Gw Telfer, Larissa Lucas

Osgoode Hall Law Journal

BANKRUPTCY—A LEGAL PROCESS DESIGNED to relieve honest but unfortunate debtors of their debts—allows for “a statutory exception to the common law and interferes with the ordinary relations between debtors and creditors.”2 While modern bankruptcy scholarship recognizes that bankruptcy law is a commercial necessity, the debate in nineteenth- and twentieth-century Canada focused on whether it should exist at all.3 Why did Canada enact bankruptcy legislation after Confederation and repeal it in 1880? After repeal, why did Parliament take nearly forty years to enact the Bankruptcy Act of 1919? These are the central questions that Thomas GW Telfer answers in Ruin and …

Book Note: Natural Law In Court: A History Of Legal Theory In Practice, By R. H. Helmolz, Adam Giancola

Osgoode Hall Law Journal

AFTER THE FALL OF NATIONAL SOCIALISM, the German legal theorist and former Minister of Justice Gustav Radbruch famously wrote “[w]here there is not even an attempt at justice, where equality, the core of justice, is deliberately betrayed in the issuance of positive law, then the statute is not merely ‘flawed law’, it lacks completely the very nature of law.”2 For Radbruch, courts needed to have in certain circumstances recourse to principles of justice beyond those available in the written statute; a kind of natural law. Radbruch’s call for an application of natural law at court evokes the central question in …

Book Note: Why Love Leads To Justice: Love Across The Boundaries, By David A.J. Richards, Hannah Ordman

Osgoode Hall Law Journal

MUCH FEMINIST SCHOLARSHIP HAS GRAPPLED with the concept of love in its many forms. Modern love has been understood as a manifestation of harmful patriarchal values, a “curse”2 that confines women to rigid gender norms of femininity and passivity.3 However, love has been reclaimed and reconceptualised by some feminists as a powerful force for resisting these patriarchal norms and encouraging self-realization among women, men, and others.4 David A.J. Richards’s Why Love Leads to Justice makes a valiant effort on the latter understanding.5 His thesis is simple: love leads to justice.6 In particular, love that is transgressive, which crosses the boundaries …

A Case-Control Study In An Orcadian Population Investigating The Rrelationship Between Human Plasma N-Glycans And Metabolic Syndrome, Fiona Mclachlan, Maria Timofeeva, Mairead Bermingham, Sarah Wild, Igor Rudan, Gordon Lauc, Wei Wang, Harry Campbell, James Wilson, Evropi Theodoratou

Research outputs 2014 to 2021

Background:

Alterations in glycosylation patterns have long been known to reflect changes in cell metabolism. In this study, we investigated the relationship between human N-glycan profiles and metabolic syndrome.

Method:

Between 2005 and 2011, 2,155 individuals from the Orkney Islands (UK) were recruited and biological material, alongside phenotypic measures were collected. Individual N-glycan profiles were measured in plasma using weak anion exchange high performance liquid chromatography and calibrated hydrophilic interaction liquid chromatography. Pre-specified criteria were used to identify 564 cases with metabolic syndrome and 1475 controls. We applied logistic regression to test for association between this binary outcome against measured …

Accelerating Tropicalization And The Transformation Of Temperate Seagrass Meadows, Glenn A. Hyndes, Kenneth L. Heck, Jnr, Adriana Verges, Euan S. Harvey, Gary A. Kendrick, Paul Lavery, Kathryn Mcmahon, Robert J. Orth, Alan Pearce, Mathew Vanderklift, Thomas Wernberg, Scott Whiting, Shaun Wilson

Research outputs 2014 to 2021

Climate-driven changes are altering production and functioning of biotic assemblages in terrestrial and aquatic environments. In temperate coastal waters, rising sea temperatures, warm water anomalies and poleward shifts in the distribution of tropical herbivores have had a detrimental effect on algal forests. We develop generalized scenarios of this form of tropicalization and its potential effects on the structure and functioning of globally significant and threatened seagrass ecosystems, through poleward shifts in tropical seagrasses and herbivores. Initially, we expect tropical herbivorous fishes to establish in temperate seagrass meadows, followed later by megafauna. Tropical seagrasses are likely to establish later, delayed by …

Appetite Control With Relevance To Mitochondrial Biogenesis And Activation Of Post-Prandial Lipid Metabolism In Obesity Linked Diabetes, Ian J. Martins

Research outputs 2014 to 2021

In various communities in the developing and developed world the understanding of the ingestion of a healthy diet [1] and hepatic fat metabolism has become of critical importance to the treatment of obesity linked Type 2 diabetes that is now linked to various organ diseases [2]. In the developing world transition to healthy diets has become urgent to prevent insulin resistance [3,4] and the obesity pandemic [5-8]. The liver is the major organ for the metabolism of dietary fat and after consumption of a meal in healthy individuals the fat is rapidly metabolized by the liver. In obesity linked Type …

The Joondalup Story : A City And A University Campus In The Making, John Renner, Sybe Jongeling

Research outputs 2014 to 2021

'The Joondalup Story' is a record of creative planning and urban development of the City of Joondalup and within it Edith Cowan University's northern campus at Joondalup. It's a remarkable story of urban planning initiated by Professor Gordon Stephenson and the evolution of a planned urban community in its first decade, 1987 to 1996. Finally, in the last two chapters, 'Joondalup Story' profiles the challenges and impressive achievements of the Joondalup community, city and campus, two decades later in 2015.

Istar First Light: Characterizing Astronomy Education Research Dissertations In The Istar Database, Stephanie J. Slater, Coty B. Tatge, Paulo S. Bretones, Timothy F. Slater, Sharon P. Schleigh, David H. Mckinnon, Inge Heyer

Research outputs 2014 to 2021

There is widespread interest among discipline-based science education researchers to situate their research in the existing scholarly literature base. Unfortunately, traditional approaches to conducting a thorough literature review are unduly hindered in astronomy education research as the venues in which scholarship is reported are fragmented and widely dispersed across journals of varying disciplines. The international STudies of Astronomy education Research (iSTAR) online repository is the result of a concerted international community effort to collect and categorize existing research from peer-reviewed journal articles, dissertations/theses, and grey literature. In a “first light” survey of over 300 U.S. dissertations, we find: (i) work …

Extractability And Chemical Forms Of Radioactive Cesium In Designated Wastes Investigated In An On-Site Test, Yoko Fujikawa, Hiroaki Ozaki, Xiaming Chen, Shogo Taniguchi, Ryouhei Takanami, Aiichiro Fujinaga, Shinji Sakurai, Paul Lewtas

Research outputs 2014 to 2021

In the aftermath of the 2011 accident at Fukushima Daiichi Nuclear Power Plant (F1 hereafter), municipal solid waste (MSW) contaminated with radioactive cesium (rad-Cs hereafter) has been generated in 12 prefectures in Japan. The Japanese Minister of Environment classified MSW that contained rad-Cs in the concentration more than 8,000 Bq/kg as “designated (solid) waste (DSW hereafter), and prescribed the collection, storage and transportation procedures. When MSW containing rad-Cs was incinerated, rad-Cs was concentrated in fly ash, and the ash often fell into the category of DSW. We have investigated a technique that can reduce the volume of the rad-Cs-contaminated fly-ash …

Finding Chemopreventatives To Reduce Amyloid Beta In Yeast, Ian Macreadie, Costa Arvanitis, Prashant Bharadwaj

Research outputs 2014 to 2021

Alzheimer's disease (AD) is the most common form of age-related dementia with the latest report (WorldAlzheimerReport, 2015) showing 46.8 million people are currently affected by dementia. That number is expected to double every 20 years unless there is effective therapeutic intervention.

Developmental Transcription Factors In Age-Related Cns Disease: A Phoenix Rising From The Ashes?, Robert White, Meghan Thomas

Research outputs 2014 to 2021

Few would doubt that understanding the developmental landscape from which a mature neuron is derived is essential to understand its biology. The temporal and spatial position of a cell from the very earliest stages of development predicts the unique combinations of growth factors it will subsequently be exposed to. This combination of factors determines the transcriptional platform set within the cell by its specific combination of transcription factors, who direct the show. This, in turn, determines what cell type it will differentiate into, and what connections it will make. How this developmental platform translates to maintenance of a differentiated neuron …

Exercise Improves Physical Function And Mental Health Of Brain Cancer Survivors: Two Exploratory Case Studies, Gregory T. Levin, Kenneth M. Greenwood, Favil Singh, Daphne Tsoi, Robert U. Newton

Research outputs 2014 to 2021

Background

Malignant brain tumors are unpredictable and incurable, with 5-year survival rates less than 30%. The poor prognosis combined with intensive treatment necessitates the inclusion of complementary and supportive therapies that optimize quality of life and reduce treatment-related declines in health. Exercise therapy has been shown to be beneficial in other cancer populations, but no evidence is available for brain cancer survivors. Therefore, we report results from 2 preliminary cases.

Methods

Two female patients diagnosed with glioblastoma multiforme and oligodendroglioma participated in a structured and supervised 12-week exercise program. The program consisted of two 1-hour resistance and aerobic exercise sessions …

Relationship Between Leg Mass, Leg Composition And Foot Velocity On Kicking Accuracy In Australian Football, Nicolas H. Hart, Jodie Wilkie, Tania Spiteri, Sophia Nimphius, Robert Newton

Research outputs 2014 to 2021

Kicking a ball accurately over a desired distance to an intended target is arguably the most important skill to acquire in Australian Football. Therefore, understanding the potential mechanisms which underpin kicking accuracy is warranted. The aim of this study was to examine the relationship between leg mass, leg composition and foot velocity on kicking accuracy in Australian Football. Thirty-one Australian Footballers (n = 31; age: 22.1 ± 2.8 years; height: 1.81 ± 0.07 m; weight: 85.1 ± 13.0 kg; BMI: 25.9 ± 3.2) each performed ten drop punt kicks over twenty metres to a player target. Athletes were separated into …

X-Ray Protection, Surface Chemistry And Rheology Of Ball-Milled Submicron Gd2o3 Aqueous Suspension, Ly B. T. La, Yee-Kwong Leong, Christopher Leatherday, Pek I. Au, Kevin Hayward, Laichang Zhang

Research outputs 2014 to 2021

X-ray protective garments are typically comprised of lead-based materials, which are toxic to both people and the environment. Developing alternative lightweight radiation shielding materials is a priority for protecting people working with radiation. Gadolinium, with an electron configuration typical of radiation shielding elements, is proposed as a non-toxic replacement for lead. This study provides new insights into the potential for a gadolinium suspension for replacing lead and proposes an inexpensive and effective preparation method. Submicron gadolinium oxide (Gd₂O₃) was generated using a cost effective ball milling method involving addition of NaCl. Then, the dispersed-flocculated behaviour of …

Cardiovascular, Metabolic Effects And Dietary Composition Of Ad-Libitum Paleolithic Vs. Australian Guide To Healthy Eating Diets: A 4-Week Randomised Trial, Angela Genoni, Philippa Lyons-Wall, Johnny Lo, Amanda Devine

Research outputs 2014 to 2021

Background:

The Paleolithic diet is popular in Australia, however, limited literature surrounds the dietary pattern. Our primary aim was to compare the Paleolithic diet with the Australian Guide to Healthy Eating (AGHE) in terms of anthropometric, metabolic and cardiovascular risk factors, with a secondary aim to examine the macro and micronutrient composition of both dietary patterns

Methods:

39 healthy women (mean ± SD age 47 ± 13 years, BMI 27 ± 4 kg/m2) were randomised to either the Paleolithic (n = 22) or AGHE diet (n = 17) for four weeks. Three-day weighed food records, body composition and biochemistry data …

Greater Strength Gains After Training With Accentuated Eccentric Than Traditional Isoinertial Loads In Already Strength-Trained Men, Simon Walker, Anthony J. Blazevich, Greg Haff, James J. Tufano, Robert Newton, Keijo Häkkinen

Research outputs 2014 to 2021

As training experience increases it becomes more challenging to induce further neuromuscular adaptation. Consequently, strength trainers seek alternative training methods in order to further increase strength and muscle mass. One method is to utilize accentuated eccentric loading, which applies a greater external load during the eccentric phase of the lift as compared to the concentric phase. Based upon this practice, the purpose of this study was to determine the effects of 10 weeks of accentuated eccentric loading vs. traditional isoinertial resistance training in strength-trained men. Young (22 ± 3 years, 177 ± 6 cm, 76 ± 10 kg, n = …

A New Insight Into High-Strength Ti62nb12.2fe13.6co6.4al5.8 Alloys With Bimodal Microstructure Fabricated By Semi-Solid Sintering, Lehua Liu, Chao Yang, L.M Kang, Shengguan Qu, Xiaoquiang Li, Weiwen Zhang, Weiping Chen, Yuanyuan Li, Peijie Li, Laichang Zhang

Research outputs 2014 to 2021

It is well known that semi-solid forming could only obtain coarse-grained microstructure in a few alloy systems with a low melting point, such as aluminum and magnesium alloys. This work presents that semi-solid forming could also produce novel bimodal microstructure composed of nanostructured matrix and micro-sized (CoFe)Ti₂ twins in a titanium alloy, Ti₆₂Nb₁₂.2Fe_13.6Co_6.4Al_5.8. The semi-solid sintering induced by eutectic transformation to form a bimodal microstructure in Ti₆₂Nb_12.2Fe_13.6Co_6.4Al_5.8 alloy is a fundamentally different approach from other known methods. The fabricated alloy …

Protocol For Care After Lymphoma (Caly) Trial: A Phase Ii Pilot Randomised Controlled Trial Of A Lymphoma Nurse-Led Model Of Survivorship Care, Karen Taylor, David Joske, Max Bulsara, Caroline Bulsara, Leanne Monterosso

Research outputs 2014 to 2021

Introduction:

Lymphoma is the sixth most common cancer diagnosed in Australia and internationally. Owing to the aggressive nature of the disease and intensity of treatment, survivors face long-term effects that impact on quality of life. Current models of follow-up post-treatment fail to address these complex issues. Given that 74% of patients with lymphoma cancer now survive 5 years beyond diagnosis and treatment, it is important to address this gap in care.

Aim:

To determine self-reported informational and practical needs, anxiety, depression, stress, coping and empowerment at baseline, 3 and 6 months.

Methods and analysis:

A pilot randomised controlled trial will …

Working Sandwich Generation Women Utilize Strategies Within And Between Roles To Achieve Role Balance, Kiah Evans, J. L. Millsteed, Janet E. Richmond Phd, Marita Falkmer, Torbjorn Falkmer, Sonya Girdler

Research outputs 2014 to 2021

Increasingly, women simultaneously balance the roles of mother, parental carer and worker. However, individual role balance strategies among these working 'sandwich' generation women have not been thoroughly explored. Eighteen women combining these three roles were interviewed about their individual role balance strategies. Findings were identified through the framework analysis technique, underpinned by the Model of Juggling Occupations. Achieving and maintaining role balance was explained as a complex process accomplished through a range of strategies. Findings revealed the women used six within-role balance strategies: living with integrity, being the best you can, doing what you love, loving what you do, remembering …

A Randomized Controlled Trial Of Very Early Rehabilitation In Speech After Stroke, Erin Godecke, Elizabeth Armstrong, Tapan Rai, Sandy Middleton, Natalie Ciccone, Anne Whitworth, Miranda Rose, Audrey Holland, Fiona Ellery, Graeme Hankey, Dominique Cadilhac, Julie Bernhardt

Research outputs 2014 to 2021

Rationale:

The efficacy of rehabilitation therapy for aphasia caused by stroke is uncertain.

Aims and hypothesis:

The Very Early Rehabilitation of Speech (VERSE) trial aims to determine if intensive prescribed aphasia therapy (VERSE) is more effective and cost saving than non-prescribed, intensive (usual care-plus) and non-intensive usual care (UC) therapy when started within 15 days of stroke onset and continued daily over four weeks. We hypothesize that aphasia therapy when started very early after stroke and delivered daily could enhance recovery of communication compared with UC.

Sample size estimates:

A total of 246 participants (82 per arm) will provide 80% …

Engaging Australian Aboriginal Narratives To Challenge Attitudes And Create Empathy In Health Care: A Methodological Perspective, Toni D. Wain, Moira Sim, Dawn Bessarab, Donna Mak, Colleen Hayward, Cobie Rudd

Research outputs 2014 to 2021

Background:

Unconscious bias and negative attitudes towards minority groups have detrimental effects on the way health care is, or is not, provided to these groups. Recognition of racist attitudes and behaviours as well as understanding clients' experiences of health and health care are pivotal to developing better health care strategies to positively impact on the quality and safety of care provided to Indigenous people. Indigenous research demands inclusive research processes and the use of culturally appropriate methodologies. This paper presents a methodological account of collecting narratives which accurately and respectfully reflect Aboriginal Australians' experiences with health care in Western Australia. …