Submission To House Of Commons General Committee On Judicial Review And Courts Bill 152 2021-22 (Prospective Quashing Orders), Samuel Beswick

All Faculty Publications

I disagree with the proposal in the Judicial Review and Courts Bill, clause 1(1)(29A)(1)(b), to create prospective-only remedies in judicial review, because:

a. Prospective Quashing violates Professor A.V. Dicey’s canonical three meanings of the Rule of Law.

b. The premise of Subsection (1)(b), ‘that legal certainty, and hence the Rule of Law, may be best served by only prospectively invalidating’ impugned acts, is contradicted by the leading mainstream theories of adjudication in the common law world.

c. Prospective Quashing draws judges into making policy and encourages judicial activism.

d. Prospective Quashing is inconsistent with the English common law judicial method …

Pluralism And Convergence: Judicial Standardization In Canadian Corporate Law, Camden Hutchison

All Faculty Publications

This article uses statistical analysis of judicial decisions to address whether (and to what extent) the common law of corporations varies among the provinces. The primary findings are: (1) as measured by the number of case citations, provincial courts of appeal favour precedent from their home provinces; (2) the Supreme Court of Canada exerts a powerful standardizing influence across the provinces; and (3) on balance (and despite the “home province” bias of provincial courts of appeal), Canadian corporate law is largely homogeneous, with little variation among provincial jurisdictions. This article concludes that—for a variety of reasons—it is unlikely that any …

Online Or In-Person? Examining College Decisions To Reopen During The Covid-19 Pandemic In Fall 2020, Jacob Felson, Amy Adamczyk

Publications and Research

When coronavirus disease 2019 (COVID-19) became a major impediment to face-to-face college instruction in spring 2020, most teaching went online. Over the summer, colleges had to make difficult decisions about whether to return to in-person instruction. Although opening campuses could pose a major health risk, keeping instruction online could dissuade students from enrolling. Taking an ecological approach, the authors use mixed modeling techniques and data from 87 percent of two- and four-year public and four-year private U.S. colleges to assess the factors that shaped decisions about fall 2020 instructional modality. Most notably, the authors find that reopening decisions about whether …

Don’T Bring An Army To An Arbitration (England, 1411), David J. Seipp

Faculty Scholarship

The name of our friend Derek Roebuck will always be linked to the long history of arbitration and mediation which he has chronicled so thoroughly in a dozen volumes by my count and many articles and chapters. On a spectrum of dispute resolution methods from formal courtroom litigation to savage brute force, arbitration stands at an interesting intermediate point. In tribute to Derek’s memory, I offer this glimpse of a curious episode at the intersection of due process of law, armed violence and principled arbitration. It reminds us that these three alternatives were not always as widely differentiated as we …

The Transient And The Permanent In Arbitration, William W. Park

Faculty Scholarship

Several years ago, Jan Paulsson observed that Derek Roebuck might substitute for a time machine, providing a way for us to voyage backward with a guide to put everything in context. Indeed, the great Derek Roebuck, to whom we dedicate this set of essays, gave much of his professional life to making sure that by receiving a glimpse of dispute resolution in earlier times, we might have an opportunity better to understand the reality of present-day arbitration.

Exploring Compassion In The Ontario Child Welfare System., Gissele Taraba

Theses and Dissertations (Comprehensive)

Child welfare workers are faced with suffering on a daily basis. Workers report experiencing empathetic distress (also known as compassion fatigue) and many feel discouraged from showing self-compassion or compassion toward others. However, the literature on compassion suggests that self-compassion and compassion for others builds resiliency, improves job satisfaction and increases engagement. Workers who support themselves with self-compassion may be less likely to experience burnout and more willing to create inclusive and compassionate environments. This study was conducted in two phases. The goals of the Phase 1 mixed-method, cross sectional study were to (1) assess the level of self-compassion and …

Singing Difference Amid Relational Connectedness: A Narrative Study Of How Singing Together Shapes Worldview, Debbie Lou Ludolph

Theses and Dissertations (Comprehensive)

The experience of singing together holds the potential to constrain or set free the imagination to shape worldview. Undergirded by Walter Brueggemann’s argument that a contest of narratives exists in twenty-first century North American church and society, the researcher draws from Mary (Joy) Philip’s call for “in-between space” created by safe haven and adjacency and Lee Higgins’ “boundary-walking” to understand the place of difference in a theological orientation to community singing practice. Rooted in a narrative paradigm and undergirded by an interdisciplinary approach, this inquiry explores the storied lives of sixteen singers in a faith-based singing community called Inshallah to …

A Spatial Perspective On Decarbonization Efforts: A Comparative Analysis Of Japan And Singapore’S Decarbonization Strategies, Michelle Rio Yoshida

Theses and Dissertations (Comprehensive)

Exploring how spatiality influences public policies and local behaviors towards achieving the goal of a low carbon society could demonstrate the significance of regional knowledge. This research used Tobler’s first law of geography as the conceptual framework to analyze and find similarities in Japan and Singapore’s historical emissions and geographic limitations to achieve their carbon reduction goals. The study collected and compared Japan and Singapore’s historical emissions data, energy consumption trends, and emission trajectory by sector. The research used a mixed-methods approach to identify common practices, relevant public policy frameworks, large-scale emissions reduction projects, and environmental and socioeconomic ground realities …

Who Is The Stranger Really? A Reluctant Autoethnography Of The Strange Situation Procedure, Tara Yazdani

Theses and Dissertations (Comprehensive)

This paper aims to review the cross-cultural application of attachment theory as a western model of thought and practice. That is, this research aimed to recognize and question how embedded attachment theory has become in programming and education within North American academic and practical arenas. In applying the Strange Situation Procedure (SSP) to a limited sample of Eritrean dyads, important considerations and questions arose regarding the cross-cultural application of this protocol. The aims of this research shifted toward further exploring these considerations and questions, due to the global COVID-19 pandemic. Specifically, the new research aim emphasized how to inform future …

Three Essays On Financial Economics, Zhe Peng

Theses and Dissertations (Comprehensive)

Essay 1 deals with a topic in market microstructure. It examines a type of trading mechanism called a speed bump. The speed bump was introduced to slow down incoming orders to reduce the informational advantage of certain high-speed traders who could exploit their information to take advantage of slower traders. In 2016, the Investors Exchange (IEX) became the first securities exchange in the US to introduce a speed bump. In our first essay, we use trading data from IEX to study this issue. IEX's speed bump includes two layers of delays: a fixed delay on displayed orders and a contingent …

Second Generation Christian Korean Canadians: Exploring Their Lived Experiences Of Mental Health Issues And Services, Kyoung Jung Kim

Theses and Dissertations (Comprehensive)

Abstract

This study explores the lived experiences of second-generation Christian Korean Canadian young adults with mental health issues (MHI) and their use of health services (MHS). In addition, this study asked this cohort to discuss their beliefs about the views their parents held about MHI and MHS. All research participants were born and raised in Canada by Korean born immigrant parents. This study was descriptive, phenomenological, and qualitative in nature; it consisted of in-depth interviews with six male and six female participants. In their experience with MHI, seven participants experienced fear and sadness (depression and anxiety) and three of them …

Microaggressions And Microaffirmations Experienced By Lgbtq2s+ People With Disabilities, Kathleen Mckee

Theses and Dissertations (Comprehensive)

This study explored the indirect, subtle, or unintentional discrimination (i.e., microaggressions) and positive identity-affirming actions (i.e., microaffirmations) that gender and sexually diverse (LGBTQ2S+) people with disabilities (PWD) experience in multiple life contexts. Previous literature has tended to focus solely on negative experiences, and little research has been conducted to understand their possible experiences of microaffirmations and how they may promote resilience and well-being. Intersectionality theory, minority stress theory, and Crip theory guided the study. The objectives were to explore microaggressions and microaffirmations experienced by LGBTQ2S+ PWD, as well as these individuals’ responses to microaggressions and microaffirmations. Semi structured qualitative interviews …

Evaluating Employees’ Experiences In Implementing Covid-19 Safety Protocols In Ontario Parks, Jessica Kaatz

Theses and Dissertations (Comprehensive)

The COVID-19 pandemic has created a wide range of public health challenges for park management and staff in Ontario. Green spaces have become a source of resilience during the spread of the virus, partly due to their proven positive impacts on social, mental and physical well-being. With the introduction of social distancing protocols, utilization of Personal Protective Equipment (PPE), and standardizing constant sanitation efforts, park employees are more responsible than ever for the daily implementation of rules governing park safety and security. At the same time, increased visitor numbers and continually changing government protocols that varied between regional jurisdictions have …

Bicultural Identity And Academic Achievement: The Second-Generation Immigrant Student Experience, Karimeh Haddad

Theses and Dissertations (Comprehensive)

By comparing the academic success and internal processes of immigrant groups, this study aimed to explore the impact of immigration status (first, second, and third-generation) and cultural backgrounds on academic achievement on a holistic level. By measuring acculturation, parental expectations, self-efficacy, goal adjustment, motivation, control beliefs, and vocabulary knowledge of university students, the combination of constructs best correlated to academic achievement was studied with determinants of demographics playing a key role. In addition to quantitative analyses, in-depth interviews supplemented the analyses and further gave insight to the backgrounds of the target population, second-generation immigrant students. The results indicated that there …

Mother-Child Shared Story Telling Of Wordless And Worded Picture Books: A Within-Subject Design Study Of Preschool Children, Katherine Reid, Alexandra Gottardo

Theses and Dissertations (Comprehensive)

Issues pertinent to developmental psychology and education often intersect. For example, both literatures can inform the assessment of differences in early literacy and school readiness, as well as how to bridge the literacy gap for children coming from different backgrounds. In times of COVID-19, it is especially important that we research the impact of strategies that are accessible to all, and can be utilized both in the home, and in more formal learning environments. This study assessed how the use of wordless picture books impacted the quality and quantity of language output, and engagement in dialogue between mother and child. …

Thoughts On The Future Of Higher Education In The Uk: A Personal View With A Historical Context, Jonathan Blackledge

Articles

Before the effect of the COVID-19 Pandemic, there had been continued debate about the future of Higher Education (HE) in the UK. It is now accepted that the effect of the pandemic will have a long-lasting effect on HE in the UK and elsewhere. This paper addresses the changes that are currently taking place, based on a strategy that aims to develop a future knowledge-based economy, following the UK governments 2019 landmark review of HE. It explores the underlying parallels between the current situation and certain historical events that catalysed the development of a new approach to HE in the …

Critical Behavior In Evolutionary And Population Dynamics, Stephen Walter Ordway

Doctoral Dissertations

“This study is an exploration of phase transition behavior in evolutionary and population dynamics, and techniques for predicting population changes, across the disciplines of physics, biology, and computer science. Under the looming threat of climate change, it is imperative to understand the dynamics of populations under environmental stress and to identify early warning signals of population decline. These issues are explored here in (1) a computational model of evolutionary dynamics, (2) an experimental system of decaying populations under environmental stress, and (3) a machine learning approach to predict population changes based on environmental factors. Through the lens of critical phase …

Associations Between Home Environment, Children’S And Parents’ Characteristics And Children’S Tv Screen Time Behavior, Carolina Bassu, Clare Corish, John Kearney

Articles

In Ireland, television (TV) screen time is a highly prevalent sedentary behavior among children aged less than five years. Little is known about the influence of parental rules and policies or screen time availability and accessibility within the home on children's TV screen time behaviors. This cross-sectional study aimed to examine the extent to which parents' sociodemographic and sedentary behaviors are associated with children's TV screen time; and to determine the associations between parents' rules and practices, home physical environment and children's daily TV viewing. Three hundred and thirty-two children aged 3-5 years and their parents participated in the study. …

Research On Medical Question Answering System Based On Knowledge Graph, Zhixue Jiang, Chengying Chi, Yun Yun Zhan

Articles

To meet the high-efficiency question answering needs of existing patients and doctors, this system integrates medical professional knowledge, knowledge graphs, and question answering systems that conduct man-machine dialogue through natural language. This system locates the medical field, uses crawler technology to use vertical medical websites as data sources, and uses diseases as the core entity to construct a knowledge graph containing 44,000 knowledge entities of 7 types and 300,000 entities of 11 kinds. It is stored in the Neo4j graph database, using rule-based matching methods and string-matching algorithms to construct a domain lexicon to classify and query questions. This system …

Illinois State University Annuitants Association Newsletter, Winter 2021, Illinois State University, Annuitants Association

ISUAA News

Illinois State University Annuitants Association newsletter

Les Opérations D’Influence Chinoises: Un Moment Machiavélien Paul Charon And Jean-Babtiste Jeangéne Vilmer Paris: Institut De Recherche Stratégique De L’École Militaire (Irsem), 2021., Edward M. Roche Phd, Jd

Journal of Strategic Security

No abstract provided.

Using Dialogue To Contextualize Culture, Ecosystem Services, And Cultural Ecosystem Services, Karen Allen, Celia Castellano, Sophia Pessagno

Open Access Fund Publications

We propose an alternative methodology for engaging with multifaceted cultural ecosystem services (CES) in the Global South. We explore the use of dialogue as a tool for understanding CES in situ, while developing shared action steps toward CES conservation among stakeholders. We held six dialogue workshops in the rural Central Pacific region of Costa Rica that were designed to foster understanding of shared community values for ecosystem services and associated conservation challenges. In two of the workshops, we employed model-based reasoning through which we used maps as boundary negotiating objects to nurture dialogue on CES values, observations, and concerns. In …

Partnership, Democracy, And Self-Rule In Jewish Law, Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

Liberal political theory has long relied on a metaphor of contract: autonomous adults coming together to agree, by unanimous consent, on the basic structure of a just society. But contract is a strange metaphor with which to explain society. Contract law is based on a morality of strangers acting at arms-length. In contrast, decent societies and the governments they set for themselves must be based on a commitment of mutual responsibility. What makes us fellow citizens—fellows of any variety—is accepting that we are all in this together.

Common Data Set, 2020-2021, Planning, Research, And Policy Analysis

Common Data Set (2001-present)

Common Data Set 2020-2021 for Illinois State University

Health Information Beyond Pandemic Emergencies: Privacy For Social Justice, Leslie Francis

American University Law Review

The COVID-19 pandemic has forcefully revealed the critical importance of timely information to identify emerging infections, discern patterns of disease, and stop disease spread. Information about individuals both as patients, and as ordinary people in the world is necessary for each of these tasks. Yet the implications for information use and efforts to achieve social justice are significant.

This Article first surveys information needs as revealed by the pandemic. It then articulates different normative approaches to privacy and confidentiality to develop two implications for privacy and justice: that information gleaned in clinical care and information possessed by public health should …

Today And Yesterday, Vol. 45, 2021, Illinois State University, Department Of History

Today and Yesterday

Newsletter of the Illinois State University Department of History

Building A Better Future In International Development: Why The Dfc Should Be Considered An Agency To Comply With Development Finance Standards And Maintain Influence Abroad, Rebecca M. Dresner

American University Law Review

The world is facing increasingly global challenges like climate change, growing income inequality, financial crises, and the COVID-19 pandemic. These challenges disproportionately impact economically developing countries. Development Finance Institutions (DFIs) and International Finance Institutions (IFIs) are tools that the international community deploys to mobilize private capital to support development projects around the world. The International Development Finance Corporation is a newly formed U.S. DFI that consolidated the United States’ development finance initiatives into one government entity.

The U.S. International Development Finance Corporation (DFC) is a bilateral entity that receives funding from the U.S. government to further economic advancement in developing …

A Right For Retirement Unconscionable Contracts, The Right (Not) To Associate, And Citizens United, Paul S. Miller

American University Law Review

The doctrine of unconscionable contracts is an equity doctrine. As such, it does not ask whether an agreement is or is not an enforceable contract; legality has no bearing. Rather, the doctrine asks whether it would be it be fit and proper . . . would it be fair . . . for a court to enforce such a contract. Using the doctrine, courts examine whether the price paid for a good or service far outstrips any benefit gained.

What if that price is the surrender of a basic right, the Right (Not) to Associate? The Supreme Court says that …

Stress Inoculation Training (Sit-Norcal), Part 1: The Development And Preliminary Evaluation Of A Psychological Performance Training Protocol, Sarah E Jackson, Matthew R Baity, Patrick R Thomas, Douglas Barba, Daniel Jacobson, Madeleine Goodkind, Diane Swick, A Sarah Ivey

Faculty, Staff and Student Publications

Background: Stress inoculation training (SIT) interventions have demonstrated promise within military contexts for human performance enhancement and psychological health applications. However, lack of manualized guidance on core content selection, delivery, and measurement processes has limited their use.

Purpose: The purpose of this study was to develop and evaluate a comprehensive SIT intervention protocol to enhance the performance and health of military personnel engaged in special warfare and first-response activities.

Methods: Multidisciplinary teams of subject matter experts (n = 19) were consulted in protocol generation. The performance improvement/human performance technology (HPT) model was used in the selection, refinement, and measurement of …

Visa Fraud In The Commercial Sex Market In The United States: An Overview, Youngbee Dale

Dignity: A Journal of Analysis of Exploitation and Violence

This paper describes various fraudulent visas used by criminals operating in the U.S. sex market. Studies show that many foreign women exploited through commercial sex rely on visa brokers to enter the U.S. However, scholars have not investigated various visa brokers and the techniques they use to bring foreign women into U.S. prostitution as a whole. Therefore, this paper aims to provide an overview of the different types of fraudulent visas and criminal techniques used in the U.S. sex market. In doing so, this paper relies on both primary and secondary sources, such as interviews with both survivors and U.S. …