Digital Commons Network^™

Responsible Scholarship In A Crisis: A Plea For Fairness In Academic Discourse On Carbon Pricing References, Stepan Wood, Meinhard Doelle, Dayna N. Scott

Dalhousie Law Journal

This article offers a critical review of a paper Professor Dwight Newman recently published on the constitutionality of the federal government’s national carbon pricing legislation and the Saskatchewan and Ontario court decisions upholding the law. Rather than engage with the substance of Professor Newman’s article, the authors consider whether it respects the norms of rigorous and fair inquiry that enable constructive scholarly debate. The authors conclude that it does not, and that the consequences for the Supreme Court’s resolution of the carbon pricing reference cases could be significant.

Le présent article propose une analyse critique d’un texte publié récemment par …

“Labour Law Is A Subset Of Employment Law” Revisited, Alan Bogg

Dalhousie Law Journal

This article revisits the arguments in Brian Langille’s seminal law review article, “Labour Law is a Subset of Employment Law.” Langille’s article was based upon two main claims: (a) that (individual) employment law should be understood as the “set” and (collective) labour law the “subset” of employment law (the primacy of employment law); (b) that “public values” have priority over “private values” in the regulation of work (the primacy of public values). These two claims were presented as mutually reinforcing in “Subset.” Drawing on specific examples from UK and Canadian law, this article endorses the first claim but rejects the …

Labour Law As A Subset Of Employment Law? Up-Dating Langille’S Insights With A Capabilities Approach, Bruce P. Archibald

Dalhousie Law Journal

Brian Langille’s influential 1981 article entitled “Labour Law is a Subset of Employment Law” is evaluated in the light of changes in the economic, social and political context since its publication and the shifts in the appropriate normative underpinnings for such an exercise. Langille’s conceptually radical original version of a unified field for legal governance of the workplace, rooted in liberal constitutional principles, has been accepted in the interim by many. However, four decades later, this schema is no longer an adequate basis for responding to challenges for achieving fairness and justice in a world of precarious employment, globally organized …

Does “No, Not Without A Condom” Mean “Yes, Even Without A Condom”?: The Fallout From R V Hutchinson, Lise Gotell, Isabel Grant

Dalhousie Law Journal

In R v Kirkpatrick, the Court of Appeal for British Columbia held that consent to sexual activity cannot be established where a man proceeds with unprotected vaginal intercourse when his sexual partner has insisted on a condom. While this finding should be uncontroversial, it is in fact contrary to the Supreme Court of Canada ruling in R v Hutchinson. In this comment we argue that the approach taken in Kirkpatrick is correct and consistent with the landmark decision in R v Ewanchuk. We urge the Supreme Court of Canada to reconsider its majority judgment in Hutchinson in order to fully …

Faith And/In Medicine: Religious And Conscientious Objections To Maid, Daphne Gilbert

Dalhousie Law Journal

Across Canada, health care institutions that operate under the umbrella of religious traditions refuse to offer medical assistance in dying (MAiD) on the grounds that it violates their Charter-protected rights to freedom of religion and conscience. This article analyses the Supreme Court jurisprudence on section 2(a) and concludes that it should not extend to the protection of institutional rights. While the Court has not definitively pronounced a view on this matter, its jurisprudence suggests that any institutional right to freedom of religion would not extend to decisions on publicly-funded and legal health care. MAiD is a constitutionally-protected option for individuals …

Unifying The Field: Mapping The Relationship Between Work Law Regimes In Ontario, Then And Now, Claire Mumme

Dalhousie Law Journal

Since the mid-20th century in Canada, labour and employment law have been treated as two separate but related fields. In 1981 Brian Langille argued in “Labour Law is a Subset of Employment Law” for the unification of the fields, so that all forms of waged work were understood as matters of public policy, rather than leaving some types of work to private law regulation. Taking up Langille’s argument, this paper argues that employment contracts, individual and collective, are structured through the overlap, interaction and gaps between work law regimes. The creation of a unified field moves from studying the regimes …

Pogg And Treaties: The Role Of International Agreements In National Concern Analysis, Gib Van Ert

Dalhousie Law Journal

Canada’s international treaty obligations have featured prominently in Privy Council and Supreme Court of Canada jurisprudence on Parliament’s power to make laws for the peace, order and good government of Canada (POGG). How treaties ought properly to be used in determining Parliament’s POGG jurisdiction is a constitutionally fraught question. The federal executive cannot be permitted to extend Parliament’s legislative jurisdiction by making promises to foreign states. Yet the existence of treaty obligations is undoubtedly relevant to the question of whether a given subject has become a matter of national concern. In the upcoming Greenhouse Gas Pollution Pricing Act references, the …

Consumer Credit In Canada: A Regulatory Patchwork, Micheline Gleixner

Dalhousie Law Journal

With unlimited access and consequent increased use of consumer credit in Canada and the federal government’s gradual abandonment of consumer credit regulation since Confederation, Provinces and Territories have progressively enacted provincial consumer protection legislation aiming to regulate the consumer credit industry and protect vulnerable consumers.

A review of current provincial and territorial legislative frameworks governing consumer credit reveals significant discrepancies and limitations. Given the expansion of the consumer credit industry and the inherent vulnerability of consumers, the article confirms the need and urgency of strengthening financial consumer protection and provides possible avenues of reform.

It is recommended that Parliament reassert …

The Deliberative Dimensions Of Modern Environmental Assessment Law, Jocelyn Stacey

Dalhousie Law Journal

Environmental assessment (EA) is a cornerstone of environmental law. It provides a legal framework for public decision-making about major development projects with implications for environmental protection and the rights and title of Indigenous Peoples. Despite significant literature supporting deliberation as the preferred mode of engagement with those affected by EA decisions, the specific legal demands of EA legislation remain undeveloped. This article suggests a legal foundation for deliberative environmental assessment. It argues that modern EA can be understood through three public law frames: procedural fairness, public inquiry, and the framework for the duty to consult and accommodate. It further argues …

Healthcare Regulation And Governance: Big Data Analytics And Healthcare Data Protection, Xuejuan Zhang

School of Continuing and Professional Studies Student Papers

No abstract provided.

Center For Population Studies And Partners Host Hunger Summit, Elizabeth Sweeney

University of Mississippi News

Summit helps nonprofits respond to COVID-19 and food insecurity in Mississippi

Development Of Extracellular Vesicle Isolation And Model Systems Toward Early Ovarian Cancer Diagnostics, Tyler Slonecki

All Dissertations

Ovarian cancer (OC) is characterized by late stage discovery and low survivability. However, when diagnosed early (Stages I or II) the 5-year survival rate is 92% up from 29%.5 The extreme dichotomy in survivability is what makes OC a prime candidate for early diagnosis techniques. Exosomes, a subtype of extracellular vesicles, may bridge the gap between early and late diagnosis, but are lacking consistent isolation and detection technologies. Here poly(ethylene terephthalate) (PET) capillary channeled polymer (C-CP) fibers employing an HIC protocol are investigated as a novel exosome isolation method and a quick, inexpensive, and easy-to-use platform for OC diagnosis. The …

Spectroscopic Insights Into The Nano-Bio Interface: Implications And Applications, Wren E. Gregory

All Dissertations

Due to their extraordinary physical, optical, and chemical properties, nanomaterials continue to show great prowess in all varieties of research ranging from energy storage to targeted drug therapy. Specifically, their small size (comparable to biomolecules) and the functional diversity of their surfaces have instigated breakthroughs in the medical field for their use as diagnostic imaging agents, drug delivery vectors, and more. As they become more commonplace and the race continues to test their limits in biomedicine it is imperative that their underlying properties and interactions with biological milieu are thoroughly studied to ensure safe and ethical practices in application. It …

Towards Development Of A Remote Charting System For Connected Healthcare, Alex Bodurka

Masters Theses

Health Care Providers play a crucial role in a patients well-being. While their primary role is to treat the patient, it is also vital to ensure that they can spend adequate time with the patient to create a unique treatment plan and build a personal relationship with their patients to help them feel comfortable during their treatment. Health Care Providers are frequently required to manually record patient data to track their healthcare progress during their hospital stay. However, with hospitals continuously trying to optimize their workflows, this crucial one-on-one time with the patient is often not practical.

As a solution, …

Dc House Network Design And Modeling, Timmy Huu Nguyen, Joseph Shafie

Electrical Engineering

Although electricity is a necessity for nearly everything in daily life, many developing countries are unable to provide easy access to this utility. Often times within these developing countries, many renewable energy sources exist that are readily accessible to these same people that don’t have access to electricity within their homes, such as solar energy. However, the nature of renewable energy is that most renewable energy lacks consistency in power delivery throughout the day. An example of this is that solar energy isn’t available during the night. These small communities are often comprised of people that are familiar with each …

Smart Motor Syringe System, Conard Chan, Jenny Chiao

Electrical Engineering

Syringe pumps are widely used in many research applications especially in the applications that need precise control. Today most medical research utilizes syringes to control the fluid being pumped to the experiment objects. In most cases microscopic or nano-scopic motion control is required to acquire optimal results, such application includes purification of DNA/RNA from contaminants[1]. The high precision required to control the syringe pump makes it difficult to perform manually. This paper focuses on the design of an intelligent syringe pump motor control system to achieve reliable and precise control for biomedical experiments. This project improves medical research quality with …

Employment Law Revisited, Mark Freedland

Dalhousie Law Journal

This critique of Brian Langille’s famous “Subset” article considers the historical and current meaning of “employment law” in Canada and in the UK. In Canada, “employment law” was fashioned by Innis Christie in the 1980s as the law of personal work relations for the non-unionized sector, with “labour law” applying to the unionized sector of the economy. In the UK, “individual employment law” appeared in the 1970s to be a distinct discipline; but since that time it has largely re-merged with labour law, with the terms “employment law” and “labour law” becoming virtually synonymous. An enlarged scope is proposed for …

Injustice Is An Underlying Condition, Yael Cannon

Georgetown Law Faculty Publications and Other Works

Race, poverty, and zip code serve as critical determinants of a person's health. Research showed the links between these factors and poor health and mortality before COVID-19, and they have only been amplified during this pandemic.

People of color experience higher rates of asthma, heart disease, diabetes, and other chronic conditions. People of color who live in poverty are even more likely to suffer from poor health; they face a “double burden” of health disparities associated with both racial and socioeconomic marginalization. Neighborhoods with concentrated poverty and with residents who are primarily people of color have even faced a life …

What Can Covid-19 Teach Us About Using Ai In Pandemics?, Krzysztof Laudanski, Gregory Shea, Matthew Dimeglio, Mariana Rastrepo, Cassie Solomon

Division of Internal Medicine Faculty Papers & Presentations

The COVID-19 pandemic put significant strain on societies and their resources, with the healthcare system and workers being particularly affected. Artificial Intelligence (AI) offers the unique possibility of improving the response to a pandemic as it emerges and evolves. Here, we utilize the WHO framework of a pandemic evolution to analyze the various AI applications. Specifically, we analyzed AI from the perspective of all five domains of the WHO pandemic response. To effectively review the current scattered literature, we organized a sample of relevant literature from various professional and popular resources. The article concludes with a consideration of AI's weaknesses …

Fantasy And Realism In Contemporary Ecuadorian Literature (1976-2006), Kimberly E. Contag

MSU Authors Collection

My purpose in this book is not to assess how well Ecuadorian literature fits into the broad Latin American literary scene or the global scene in particular, but instead to read and analyze how Ecuadorian writers communicate ideas about the world they live in through realism and fantasy. It is the nature of Ecuadorians to express their experience in these terms to portray a unique and multifaceted voice. To that end, I propose a model for analyzing the function of fantasy and realism in literature, principally in the novel, short story, flash fiction, poetry, flash poetry, and theater, and offer …

Building Positive Relationships In Title I Schools: Teacher And Student Perspectives In An Elementary Classroom, Alice Charlotte Pendlebury

Dissertations

Title I schools have a high percentage of students who come from a background of poverty. Students growing up in poverty are more likely to have insecure attachments because of the chronic and acute stressors their caregivers experience. These insecure attachments mean that students are less likely to have positive relationships with their teachers and are less likely to trust them. Given the importance of positive relationships in student’s academic, social, and emotional growth it is crucial that teachers are able to build relationships with these students regardless of their economic backgrounds. Qualitative case study was used to collect data …

Comparative Evaluation Of Statistical Dependence Measures, Eman Abdel Rahman Ibrahim

Graduate Theses and Dissertations

Measuring and testing dependence between random variables is of great importance in many scientific fields. In the case of linearly correlated variables, Pearson’s correlation coefficient is a commonly used measure of the correlation strength. In the case of nonlinear correlation, several innovative measures have been proposed, such as distance-based correlation, rank-based correlations, and information theory-based correlation. This thesis focuses on the statistical comparison of several important correlations, including Spearman’s correlation, mutual information, maximal information coefficient, biweight midcorrelation, distance correlation, and copula correlation, under various simulation settings such as correlative patterns and the level of random noise. Furthermore, we apply those …

Comparison Of A T-Trellis And A Rotating Cross-Arm Trellis For Arkansas Blackberry Production, Erika Henderson

Graduate Theses and Dissertations

As blackberry production in the southeastern United States expands, the need for updated cultural practices, like alternative trellis systems that enhance blackberry fruit yield, fruit quality, and economic viability for fresh-market growers are needed. There are challenges to producing high-quality blackberry fruit with high yields in the Southeast due to intense heat, high rainfall, humidity, and heavy pest pressure. Southeastern growers are interested in the rotating cross-arm (RCA) trellis due to its potential to increase yield and fruit quality, however there is minimal research of its use in blackberry production in the Southeast. In 2019 and 2020, a trial was …

Ampakines Stimulate Phrenic Motor Output After Cervical Spinal Cord Injury, L. B. Wollman, Kristi A. Streeter, A. F. Fusco, E. J. Gonzalez-Rothi, M. S. Sandhu, J. J. Greer, D. D. Fuller

Physical Therapy Faculty Research and Publications

Activation of α-amino-3-hydroxy-5-methyl-4-isoxazolepropionic acid (AMPA) receptors increases phrenic motor output. Ampakines are a class of drugs that are positive allosteric modulators of AMPA receptors. We hypothesized that 1) ampakines can stimulate phrenic activity after incomplete cervical spinal cord injury (SCI), and 2) pairing ampakines with brief hypoxia could enable sustained facilitation of phrenic bursting. Phrenic activity was recorded ipsilateral (IL) and contralateral (CL) to C2 spinal cord hemisection (C2Hx) in anesthetized adult rats. Two weeks after C2Hx, ampakine CX717 (15 mg/kg, i.v.) increased IL (61 ± 46% baseline, BL) and CL burst amplitude (47 ± 26%BL) in 8 of 8 …

Two Weeks Of Remote Ischemic Conditioning Improves Brachial Artery Flow Mediated Dilation In Chronic Stroke Survivors, Allison S. Hyngstrom, Jennifer Nguyen, Michael Wright, Sergey Tarima, Brian D. Schmit, David D. Gutterman, Matthew J. Durand

Physical Therapy Faculty Research and Publications

Many stroke survivors have reduced cardiorespiratory fitness as a result of their stroke. Ischemic conditioning (IC) is a noninvasive, cost-effective, easy-to-administer intervention that can be performed at home and has been shown to improve both motor function in stroke survivors and vascular endothelial function in healthy individuals. In this study, we examined the effects of 2 wk of remote IC (RIC) on brachial artery flow mediated dilation (FMD) in chronic stroke survivors. We hypothesized that FMD would be improved following RIC compared with a sham RIC control group. This was a prospective, randomized, double-blinded, controlled study. Twenty-four chronic stroke survivors …

Acculturation, Psychological Well-Being And Substance Use Behaviors In Asian Indian Americans, Sonia Y. Amin

Dissertations

The American population is becoming more diversified with increases in the number of immigrants and refugees entering the country. These new Americans bring distinct cultural values, traditions, and worldviews. With this diversity, an important need has arisen to better understand the interplay of culture, physical, and mental health concerns that affect specific racial and ethnic populations. This increase in knowledge and awareness will aid in the development and provision of culturally-sensitive mental health services. The stress of immigration and the multifaceted sociocultural and psychological adaptations involved in adjusting to living in a new country with a Eurocentric dominant culture can …

Are They Ready? Implementing 21st-Century Learning Skills Integration Into Indonesia Science Instruction, Esty Haryani

Dissertations

Science and technology education are essential subjects for achieving the desired workforce skills for the 21st century (Bybee & Fuchs, 2006). In 2017, Indonesia adopted the 21st century learning and innovation framework into its national curriculum to address the demand to improve students’ readiness for the complexity of the future whether for the work environment or in their personal lives. This learning and innovation skills framework focuses on the development the skills of creativity and innovation, critical thinking and problem solving, collaboration, and communication, known as the 4Cs. However, there is little knowledge on the integration of these skills into …

Female Graduate Students’ Experiences And Career Orientations In Stem: A Comparative Case Study, Jasvir K. Pannu

Dissertations

Regardless of implementation of government policies to promote STEM education and eradicate the underrepresentation of women and minorities, the number of women choosing STEM throughout their educational career remains low. In 2018 65% doctorate degrees were awarded to men and only 35% to women. Moreover, 40% of all students enrolled in doctorate programs drop out before completion. The process of socialization in graduate school and students’ non academic responsibilities play critical roles in graduate students’ success and future career orientations. Processes of socialization involve interactions with faculty, peers, and administration while taking courses and conducting dissertation research. Non academic engagements …

Functional And Physiological Role Of Extra-Hypothalamic Corticotropin Releasing Hormone Neurons In The Nucleus Of The Hippocampal Commissure In Regulation Of Stress Response, Hakeem Kadhim

Graduate Theses and Dissertations

Corticotropin releasing hormone (CRH) neurons located within the paraventricular nucleus (PVN) are known to be involved in regulation of stress responses. Recently, CRH neurons were identified above the PVN within the nucleus of the hippocampal commissure (NHpC) that located in the septum. We hypothesized that CRH neurons in the NHpC play a critical role in the stress response due to their rapid activation and could be a part of the traditional hypothalamo-pituitary-adrenal (HPA) axis. The dissertation addresses the role of 1) CRH expressing neurons in the NHpC compared with those within the PVN utilizing two different stressors, food deprivation (FD) …

The Effect Of Epa And Dha On Skeletal Muscle Physiology And Energy Balance, Saeed Jebor Ghnaimawi

Graduate Theses and Dissertations

Eicosapentaenoic acid (EPA) and Docosahexaenoic acid (DHA) supplementation commonly suggested during pregnancy confers many health benefits on offspring and more recently improves fetal BAT development and induces myoblast trans-differentiation into adiopocytes through activating PPARs expression. Embryonic myoblast is a highly flexible cell showing great capacity to change its phenotype into adipocyte in response to EPA and DHA supplementation in many in vitro models. However, a little is known about the identity of derived adipocytes, whether, they change into brown or white adipocyte, and in vivo evidence is still missing. Given that the myogeneis process is initiated at the mid of …