Digital Commons Network^™

Operative Subsidiary And Municipal Authority: The Case Of Toronto's Ward Boundary Review, Alexandra Flynn

All Faculty Publications

This paper analyzes what the principle of subsidiarity means for municipalities, arguing in favour of “operative subsidiarity” in the design of provincial legislation. First, I outline the meaning and origins of subsidiarity, including critiques in the potential of its application. Second, I discuss the judicial treatment of municipal authority in Canada over the last twenty years. I advance that municipal authority as interpreted by the SCC has increasingly made room for municipalities as governments deserving of deference, unless the action breaches fairness or human rights. However, despite this judicial evolution, provinces have not drafted legislation with the principle of subsidiarity …

Punishment And Its Limits, Debra Parkes

All Faculty Publications

The nearly three decades in which Beverley McLachlin was a member of the Supreme Court, including as Chief Justice, witnessed a number of shifts in Canadian penal policy and in the reach and impact of criminal law. During the Harper decade (2006 to 2015) in which the federal Conservatives enjoyed a majority government led by Prime Minister Stephen Harper, criminal justice policy took a turn toward the punitive. The federal government tore a page out of the American legislative handbook and sought to “govern through crime”, albeit in a more restrained Canadian style.

Confronting The Sexual Assault Of Teenage Girls: The Mistake Of Age Defence In Canadian Sexual Assault Law, Isabel Grant, Janine Benedet

All Faculty Publications

Teenage girls experience high rates of sexual assault. The Criminal Code permits the Crown to substitute proof of young age for proof of non-consent for sexual assault and related offences applicable to young complainants. This paper focuses on the defence of mistaken belief in age. It provides a defence where the accused honestly believed that the complainant was at or above the age of consent and where the accused took all reasonable steps to ascertain her age. A review of the cases considering the defence indicates that it is often applied incorrectly, where the accused does not have any belief …

Transnational Law As Unseen Law, Natasha Affolder

All Faculty Publications

Part of the continuing allure of Philip Jessup’s account of transnational law, published in 1956, lies in its promise of capturing something beyond the easily visible bodies of public and private international law. Attempts to name and to frame this unseen law continue to this day. This chapter, part of a collection commemorating the 60^th anniversary of the publication of Transnational Law, examines the intellectual holding pen created by Jessup for other rules and sources of law, his “larger storehouse of rules”. While this initiative was firmly aimed at expanding the view of law to see beyond the …

Regulating Systemic Risk In Canada, Anita Anand, Maziar Peihani

All Faculty Publications

This chapter is a contribution to an interdisciplinary book that drew on some of the world's leading experts on financial stability and regulation to examine and critique the progress made since 2008 in addressing systemic risk. The chapter contends that Canadian regulators’ ability to address systemic risk is limited by the structure of the regime, built on a sector-by-sector model, without any one institution responsible for comprehensively regulating the financial system. We also posit the proposal to establish a macroprudential regulator to monitor the financial system as a whole, as advocated by academic literature and international forums, is unlikely …

Assessing Interaction Of Black Racial Identity And Perceived Neighborhood Factors On Educational Utility, Clifton A. Berwise

Open Access Dissertations

Previous research findings have indicated that there continues to be an increased need to assess the impact of neighborhood and community factors on educational outcomes for Black Americans. When investigating neighborhood factors for this population, two understudied variables are perceptions of trust in neighborhood police and collective socialization, particularly in examining their impact on academic outcomes. Furthermore, it is unclear how Black racial identity interacts with the effects of these perceived neighborhood factors on educational outcomes. The present study attempted to add to the literature by exploring how the interaction of racial identity and perceived neighborhood factors impact how Black …

Team Medical Decision Making: Available Research And Future Directions, Brian E. Tapscott

Open Access Dissertations

As part of the shift toward team-based care, many clinical decisions are now made by intra- and interprofessional teams. Team medical decision making is a recommended practice that is believed to reduce error and improve clinical judgment. However, surprisingly few studies have examined the accuracy of team decisions and little is known about the efficacy of various team strategies. Consequently, practice guidelines are lacking. To address the paucity of research, this dissertation addresses possible starting points for future studies based on research to date and current practices. Accordingly, Manuscript I will discuss team research from various fields with an emphasis …

Health Information Campaigns And Genetically Modified Food Labels In The Seafood Market, Michael Joseph Weir

Open Access Dissertations

In this dissertation I investigate consumer responses to two forms of information provision in the seafood market: health information campaigns and genetically modified food labels. Using data from a seafood auction experiment, I explore sources of heterogeneity among auction participants and their responses to health information in the context of current United States Departments of Agriculture and Health and Human Services policy goals using a mixed effects finite mixture model. My second and third chapters explore the potential effect of the forthcoming National Bioengineered Food Disclosure Standard on demand for genetically modified seafood. Considering the new labeling standard and the …

Exploring The Incredible 5-Point Scale: Impact On Target Behaviors In Preschool, Beth A. Mcbride Pinheiro

Open Access Dissertations

In the following experimental study, a multiple-probe, single subject design (SSD) was used to evaluate the effectiveness of the Incredible 5-Point Scale (Buron & Curtis, 2012) as an intervention tool for a preschool aged child with developmental delays (DD). The scale, originally designed for individuals with Autism Spectrum Disorder (ASD) but found through noted experiences to have positive effects for individuals with other disabilities as well, is a teaching tool that aids teachers, therapists, and families in encouraging positive social and behavioral development in individuals (Buron & Curtis, 2012). While not an identified evidence-based practice (EBP) itself, the Incredible 5- …

Welcome To The Club: An Archival Inquiry Into The Dewey Laboratory School As Rhetorical Education, Krysten Manke

Open Access Dissertations

This project contributes to scholarship extending the traditional scope of rhetorical education. Specifically, this dissertation recovers educational practices and ideas from records documenting the early years of the University of Chicago’s Laboratory School, an experimental elementary school founded and directed by the American pragmatist John Dewey. Researchers have employed John Dewey’s pragmatic philosophy to gain insights into progressive, student-centered composition and rhetoric instruction. However, the field has neglected Dewey’s actual pedagogy as a source for insights into rhetorical education. Using archival analysis methods, this dissertation recovers educational practices from the Laboratory School that were not recognized as rhetorical during their …

Dna Damage, Repair And Mutational Spectrum, Ke Bian

Open Access Dissertations

The integrity and stability of DNA is essential to life since it stores genetic information in every living cell. Chemicals from the environment will assault DNA to form various types of DNA damage, ranging from small covalent crosslinks between neighboring DNA bases as seen in cyclobutane pyrimidine dimers, to big bulky adducts derived from benzo[a]pyrene. This resultant damage will lead to replication block and mutation if remain unrepaired and will eventually cause cancer or other genetic diseases. The work presented in this dissertation has illustrated the important role of the AlkB family DNA repair enzymes in cancer and Wilson’s Disease. …

Laser-Assisted Transdermal Drug Delivery And Vaccination, Prateek Kakar

Open Access Dissertations

Oral drug delivery has been the major route of drug delivery due to the ease of drug administration and patient compliance. Transdermal drug delivery is highly attractive for alternative drug delivery and yet faces significant challenges, largely due to the barrier function of the Stratum Corneum (SC) layer of the skin. Different chemical and physical methods have been explored to disrupt the SC layer to facilitate transdermal drug delivery. However, those methods only received limited successes due to the low efficiency in SC disruption or the potential safety risks.

Ablative fractional laser (AFL) emerged in the last 2 decades as …

Could Stated Political Affiliation Influence A Candidate's Perceived Appropriateness To Attend Graduate School? An Audit Study, Nicholas Zambrotta

Open Access Dissertations

Bias and stereotypes, even in the professional realms are ubiquitous and are unfortunately an inescapable fact of life in society. Psychologists study bias and discrimination in order to more fully understand when it arises, as well as what can be done to confront it. Bias and discrimination researchers have demonstrated that women, racial/ethic minorities, members of the LBGTQ community, as well as other marginalized groups continue to suffer from the effects of discrimination. However, recent investigations have indicated that discrimination based on an individual’s stated political affiliation may also exist. Other researchers point out that political affiliation bias and discrimination …

Development And Characterization Of Nanomaterials For Pulmonary Drug Delivery Applications, Elisa A. Torrico Guzman

Open Access Dissertations

Chronic pulmonary diseases such as lung cancer and cystic fibrosis represent significant global health concerns because of their resulting high mortality and low life expectancy. Pulmonary drug delivery has demonstrated advantages over other delivery routes due to the ability to use lower concentrations of drug, reduction in systemic toxicity, and offering better targeting to the area of disease. Effective application of dry powder therapeutics requires the optimization of particle deposition in the lungs and avoidance of physiologic defense mechanisms such as mucosal entrapment, mucociliary clearance, and macrophage engulfment. Evaluation of aerosol pulmonary therapeutic parameters demands accurate in vitro models that …

Polypharmacy In Cancer Patients: Health-Related Quality Of Life, Expenditures, And Adverse Events, Zachary R. Babcock

Open Access Dissertations

Polypharmacy (PP), often defined as the use of five or more medications, is highly prevalent in patients with cancer. As the quantity of medications for treating cancer and comorbid conditions in patients with cancer become more numerous and diverse, it is important to understand the various ways in which patient health and economic outcomes may be adversely affected by prescribed medications. The purpose of this dissertation was to investigate three distinct associations between PP and the lives of patients living with cancer by estimating how PP (1) affects health-related quality of life (HRQoL), (2) is associated with healthcare expenditures, and …

Are Domestic Abusers Terrorists: Rhetoric, Reality, And Asylum Law, Natalie Nanasi

Faculty Journal Articles and Book Chapters

The terms terrorism and terrorist are highly charged but all too often imprecisely utilized in legal, media, and political arenas. The terminology has even entered the field of intimate partner violence, where the phrases terrorism in the home or intimate terrorism have been used to describe domestic abuse. This language has proliferated not only due to identified commonalities between intimate partner abuse and terroristic behaviors but also because of the rhetorical impact of the words in highlighting the gravity of domestic violence. However, expanding the legal framework of terrorism into new areas has potentially serious and far-reaching consequences. It is …

Examining Motivational Interviewing Addressing Adolescent Substance Use During Psychiatric Hospitalization, Danielle Hill

Open Access Dissertations

Adolescent suicide is a serious public health issue, given that it is the second most common cause of death among individuals aged 10 to 24 years in the United States. Substance use is among the major risk factors for continued adolescent suicidal behavior and having a substance use disorder (SUD), has been identified as a risk factor for adolescents being readmitted to acute psychiatric care. However, adolescents often do not receive treatment that adequately addresses substance use in the same setting. The primary purpose of this study was to examine whether or not adding a Brief Motivational Interviewing intervention (BMI …

Cascadia Subduction Zone Coseismic Subsidence Estimates From Northern California And Washington, Jason Scott Padgett

Open Access Dissertations

This study aims to supplement the paleogeodetic database of past Cascadia subduction zone earthquakes and further our understanding of the Cascadia subduction zone seismic and tsunami hazards. I first address a previously identified spatial gap within the Cascadia paleogeodetic database in southern Cascadia by refining the timing and magnitude of Cascadia subduction zone earthquakes over the past 2000 years in northern Humboldt Bay, California (~44.8°N, -124.2°W). There, I mapped wetland stratigraphy consistent with past megathrust earthquakes across three marshes; Jacoby Creek, McDaniel Creek, and Mad River Slough. To improve the existing paleoseismic chronology at northern Humboldt Bay, I employed Bayesian …

Compassion And Well-Being: The Effects Of An Online Filmmediated Compassion Education On Undergraduate Students, Thupten Tendhar

Open Access Dissertations

An increasing number of college students in the US are reportedly experiencing significant levels of emotional distress and mental health challenges. College students who practice compassion have been found to have significantly lower negative emotions when compared to students who do not practice compassionate thinking. This underscores the need for compassion education programs. However, only a limited number of college students benefit from existing compassion programs because many are too busy to commit to eight or more weeks of such face to face training along with their regular course load and work schedule. This study used a quantitative method with …

Private Government And The Transparency Deficit, Alfred C. Aman, Landyn W. Rookard

Articles by Maurer Faculty

Modern government is comprised of a complex admixture of public and private actors. From the provision of public services, to growing movements to sell off national parks, to the very task of legislating, the public is unlikely to encounter an area of government that is untouched by privatization. But public transparency mechanisms, including the seminal Freedom of Information Act (FOIA), rely upon an outdated, rigid conception of the private-public dichotomy. They fail to provide the public with any meaningful access to what we call the “private government,” which includes the private actors who bear an increasing responsibility for performing governmental …

Technologically Distorted Conceptions Of Punishment, Jessica M. Eaglin

Articles by Maurer Faculty

Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial — meaning statistical — assessments of a defendant’s recidivism risk in state sentencing structures is problematic. Yet scholars and policymakers focus on changes in technology over time while ignoring the effects of these tools on society. This Article shifts the focus away from technology to society in order to reframe debates. It asserts that sentencing technologies subtly change key social concepts that shape punishment and society. These same conceptual transformations preserve problematic features of the sociohistorical phenomenon of mass incarceration. By connecting technological interventions and …

The Hidden Fences Shaping Resegregation, Jeannine Bell

Articles by Maurer Faculty

This Article offers a window into the experiences that inform the neighborhood choices of middle-class and upper-middle-class Blacks. As I suggest below, there are many hidden fences, walling off white neighborhoods and restricting Blacks’ housing choices in de facto ways. These hidden fences exist in the form of the many challenges Blacks face when moving to white neighborhoods. The obstacles to easy, contented lives range from police harassment to anti-integrationist violence that push Blacks into less affluent neighborhoods. Ultimately, this Article demonstrates how race can circumscribe housing choice and social mobility, even in the absence of legal barriers restricting where …

On Yang's Proposed Federal Tax On Subnational Tax Incentives, David Gamage, Darien Shanske

Articles by Maurer Faculty

This essay analyzes presidential candidate Andrew Yang’s proposal to tax subnational tax incentives for companies at a rate of 100 percent.

Judicial Ethics: A New Paradigm For A New Era, Charles G. Geyh

Articles by Maurer Faculty

As the preamble to the Model Code of Judicial Conduct indicates, traditional notions of judicial ethics operate within a rule of law paradigm, which posits that the "three I's" of judicial ethics-independence, impartiality, and integrity-enable judges to uphold the law. In recent decades, however, social science, public opinion, and political commentary suggest that appointed judges abuse their independence by disregarding the law and issuing rulings in accord with their biases and other extralegal impulses, while elected judges disregard the law and issue rulings popular with voters, all of which calls the future of the three I's and judicial ethics itself …

Court Personnel Attitudes Towards Medication-Assisted Treatment: A Statewide Survey, Barbara Andraka-Christou, Meghan Gabriel, Jody L. Madeira, Rod D. Silverman

Articles by Maurer Faculty

Background: Despite its efficacy, medication-assisted treatment (MAT) is rarely available in the criminal justice system in the United States, including in problem-solving courts or diversionary settings. Previous studies have demonstrated criminal justice administrators' hostility towards MAT, especially in prisons and jails. Yet, few studies have examined attitudes among court personnel or compared beliefs among different types of personnel. Also, few studies have explored the relationship between MAT education/training and attitudes. Finally, few studies have directly compared attitudes towards methadone, oral buprenorphine, and extended-release naltrexone in the criminal justice system.

Methods: We modified a survey by Matusow et al. (2013) to …

Societal Pressures And Procreative Preferences For Gay Fathers Successfully Pursuing Parenthood Through Ivf And Gestational Carriers, Steven R. Lindheim Md, Jody L. Madeira, Artur Ludwin, Emily Kemmer, J. Preston Parry, Georges Sylvestre, Guido Pennings

Articles by Maurer Faculty

This retrospective study surveyed decision-making and challenges among 78 gay cisgender male couples utilizing in-vitro fertilization (IVF) and a gestational carrier. While most couples (67.1%) found the decision to actively pursue fertility treatment ‘not difficult’, 32.9% felt that it was ‘somewhat difficult’ or ‘very or extremely difficult’. Almost 30% of couples had not undertaken financial planning for treatment, which introduced delays of N2 years for 25.3% of participants. Conceiving twins was ‘important to very important’ in 52.3% of couples, and 84.2% of couples chose to transfer two embryos to ‘increase the odds’ or reach an ideal family size in a …

Brown At 65: How Does The Changing Racial And Ethnic Ancestry Of Blacks Impact The Interpretation Of School Desegregation, Kevin D. Brown

Articles by Maurer Faculty

INTRODUCTION ...............................................................................................2

I.RISE AND FALL OF SCHOOL DESEGREGATION.........................................7

A.The Rise of School Desegregation ............................................................... 7

B.The Fall of School Desegregation................................................................ 11

II. CHANGING RACIAL ANCESTRY OF BLACKS IN THE UNITED STATES AND WHY IT MATTERS IN TERMS OF SCHOOL DESEGREGATION...................16

A. Increases in Interracial Marriage Rates ...................................................... 18

B. Demise of the One-Drop Rule and the Recognition of Black Multiracials .. 21

C. Impact of Increasing Numbers of Black Multiracials ................................... 24

III. CHANGING ETHNIC ANCESTRY OF BLACKS ........................................ 28

CONCLUSION: IMPACT OF THE CHANGING RACIAL AND ETHNIC ANCESTRY OF BLACKS ON HOW TO THINK ABOUT SCHOOL DESEGREGATION ..........31

Drug-Induced Homicide: Challenges And Strategies In Criminal Defense, Valena Beety, Alex D. Kreit, Anne Boustead, Jeremiah Goulka, Leo Beletsky

Articles by Maurer Faculty

Nearing the end of its second decade, the crisis of fatal opioid-involved overdoses in the United States has gone from bad to worse. In 2017, approximately 72,000 people died of a drug overdose in the United States. Overdose is now the leading cause of death for people under fifty. There is broad agreement that reducing opioid overdose deaths requires wider distribution of the opioid antidote naloxone, rapid scale-up in evidence-based treatment, and reducing the stigma associated with substance use and addiction. However, progress on these and other vital public health interventions remains abysmally slow. Meanwhile, there is a new and …

The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Gamage, David Kamin

Articles by Maurer Faculty

The 2017 tax legislation brought sweeping changes to the rules for taxing individuals and business, the deductibility of state and local taxes, and the international tax regime. The complex legislation was drafted and passed through a rushed and secretive process intended to limit public comment on one of the most consequential pieces of domestic policy enacted in recent history. This Article is an effort to supply the analysis and deliberation that should have accompanied the bill’s consideration and passage and describes key problem areas in the new legislation. Many of the new changes fundamentally undermine the integrity of the tax …

Out Of Bounds: A Critical Race Theory Perspective On "Pay For Play", Kevin D. Brown, Antonio Williams

Articles by Maurer Faculty

Under the amateur/education model, the amount of funding that colleges and universities can provide to their student-athletes is limited to the athletes' cost of attending their institution. This model makes sense for most college sports, but National Collegiate Athletic Association ("NCAA") Division I Football Bowl Subdivision and Division I men's basketball tend to generate almost all the revenue to fund their institution's entire athletic programs-as well as a substantial percentage of the revenues received by the NCAA. Furthermore is the realization that a majority of the elite athletes in these two revenue-generating sports are black. As revenues generated by these …