Digital Commons Network^™

Osgoode Syllabus Of Courses And Seminars: 2015 - 2016, Office Of Student Services

Syllabi

No abstract provided.

Narratives Of Illness, Difference, And Personhood, John P. Mctighe

School of Social Work Faculty Publications

Using narrative theory, the chapter examines how ideas and attitudes about mental disorder are shaped by cultural values and stereotypes, and how the experience of trauma can shatter the narrative of self and world. Placing the question of illness, differentness, and personhood within a social justice perspective, it challenges clinicians to consider how the vocabulary of illness is used to frame experience and, in many cases, to minimize, marginalize, or discount the individual's own lived experience.

The Threat Lives On: How To Exclude Expectant Mothers From Prosecution For Mere Exposure Of Hiv To Their Fetuses And Infants, Shahabudeen K. Khan

Cleveland State Law Review

There is a renewed interest in HIV/AIDS issues given that better treatment is available. The Department of Justice (DOJ), Civil Rights Division, recently published best practice guidelines to reform HIV-specific criminal laws to conform to modern science. The DOJ’s latest guidelines urge states to “reform and modernize” the laws to reflect modern science. There is a lot of unfinished work regarding the ineffectiveness and stigma associated with HIV criminal transmission laws as a whole. These laws are “no good” and counterintuitive in the fight against this unfortunate disease. There have been calls to repeal these laws in their entirety. That …

The Ruling On A Motion In Limine: Preserving The Issue For Appeal, Michael L. Stokes

Cleveland State Law Review

Although the distinction between motions in limine based in fact and those rooted in law is widely recognized in Ohio, courts generally use a “one size fits all” approach when it comes to preserving the issues for appeal. Under that approach, an attorney must challenge the pretrial ruling at trial to ensure that the issue will be preserved for appeal. This Article argues that Ohio should modify its practices to conform to the federal method and follow in the footsteps of its neighbors by specifying that a definitive pretrial ruling on a motion in limine will preserve the issue for …

Women And The Free Exercise Clause: Some Thoughts About A (Religious) Feminist Reading, Marie Failinger

Faculty Scholarship

Among the dozens of Supreme Court cases on the free exercise of religion, women play a mostly invisible part. We know of Adell Sherbert and Frieda Yoder; and less famously, Alma Lovell, Lillian Gobitis, Paula Hobbie, Sarah Prince, and Lucie McClure. We know that these women go out into the streets to tell the Good News, refuse to salute idols, refuse to work on the Sabbath, and refuse to go to school in violation of their religion. But, we do not hear their voices very loudly.

At the same time, until recently, we have consistently heard only one woman's voice …

Series Of Unincorporated Business Entities: The Mobius Strip And Klein Bottle Of Business Entity Law, Daniel S. Kleinberger

Faculty Scholarship

Back in the day – say, 1990 – limited liability companies (LLCs) were the cutting edge of business entity law. Today, LLCs dominate entity formation, and the cutting edge has moved further out – to the notion of a “series,” a quasi-separate, quasi-person existing within an LLC.

Business lawyers are generally familiar with series of stocks and bonds, but those series have nothing to do with the LLC series discussed in this article. To avoid confusion, this article refers to protected series, which, as we will see, are the Mobius strips or Klein bottles of entity law.

The Lutheran Lawyer: Some Reflections On The Ethics Contributions Of Susan Martyn, Marie Failinger

Faculty Scholarship

Recently, Professor Susan Martyn, who is honored in this tribute issue, contributed to a forthcoming volume on Lutheran theological views of secular law of which I am co-editor. Ever the professional, Professor Martyn expressed initial uncertainty about her ability to make a contribution to this volume without more theological expertise. Not to worry, Professor Martyn's prodigious work ethic and creative lawyering produced an insightful chapter entitled, "Can Luther Help Modem Lawyers Understand Fiduciary Duty?" As it turns out, she argued, Martin Luther can help modem lawyers because he understood the ancient roots of fiduciary law that lie at the foundation …

Fda Approval Of Drugs And Devices: Preemption Of State Laws For “Parallel” Tort Claims, Marcia Boumil

Journal of Health Care Law and Policy

The U.S. Supreme Court’s important ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett concerns whether the Food and Drug Administration’s (“FDA”) approval of a generic drug insulates the drug manufacturer from liability under state tort laws from claims of injury due to an alleged “design defect.” The Court previously ruled that FDA approval does not preempt state law claims based upon failure-to-warn, at least with respect to brand name products. In contrast, the Court previously ruled that the federal regulatory process leading to FDA approval of generic equivalents of brand drugs—and designation of the drug label—does preempt state law as …

Association For Molecular Pathology V. Myriad Genetics, Inc.: Progress By Principles, Emily J. Bolyard

Journal of Health Care Law and Policy

In Association for Molecular Pathology v. Myriad Genetics, Inc., the Supreme Court considered whether human genes are patentable under the Patent Act of 1952. Originally enacted in 1790, the Act allows patents to be granted on any new and useful process, machine, manufacture, or composition of matter, barring a judicially created exception for laws of nature, natural phenomena, and abstract ideas. These three naturally occurring things are nonpatentable because they create the foundation of scientific and technological work. In Myriad, the Court unanimously held that isolated DNA is nonpatentable, since such DNA is naturally occurring phenomena under the …

Panel 4: Translational Expectations And Issues: Making It Work In Practice, Amanda Pustilnik, David Seminowicz, M. Kaylie Gioioso, Martha Farah, Nancy Gertner, Stacey Tovino

Journal of Health Care Law and Policy

No abstract provided.

Why Health Lawyers Must Be Public-Law Lawyers: Health Law In The Age Of The Modern Regulatory State, Abbe R. Gluck

Journal of Health Care Law and Policy

No abstract provided.

Revisiting The Nelson Site: Recent Archeological Investigations And Material Analysis, Jason Reichel

All Graduate Theses, Dissertations, and Other Capstone Projects

The Nelson Site (21BE24) is situated on a low terrace along the southern boundary of the Blue Earth River, approximately 2 miles west of the city of Mankato, Minnesota (Appendix A, Figures 1 and 2). Initial survey of the site in 1973 identified the site as a single component Terminal Woodland habitation site associated with cultural entities centered in the Mississippi River Valley of Iowa and Wisconsin. However, subsequent analysis and additional archaeological investigations conducted in 2011 and 2013 identified additional components of the site and recognized variations in decorative elements from pottery recovered from previous surveys, which differed from …

A Narrative Inquiry Into The Experiences Of Evangelical Christians Leading In Public Schools During Culture War Skirmishes, Gary F. Sehorn

Faculty Publications - College of Education

intent of this exploratory, descriptive narrative inquiry was to understand the experiences of selected evangelicals serving as public school administrators who lead in the midst of skirmishes involving evangelical Christians and the local public schools where they serve. These conflicts are part of the larger cultural conflict between evangelical Christianity and public education. The narratives of five leaders were captured through semi-structured, in-depth interviews. The purposeful sample of participants included administrators from Texas, Southern California, and the South, the Midwest, and the Pacific Northwest. Each participant shared a skirmish story and its cultural and geographic context. In the process, work-faith …

Introduction: Gendering Genocide Studies, 1st Edition, Amy E. Randall

History

When it comes to understanding genocide, gender matters. This has not always been evident, and even today there are critics and skeptics. Indeed, when feminist scholars in Holocaust studies first began examining women’s experiences and gender questions, their scholarship was ignored or met with hostility by many academics and others, including some survivors. Opponents expressed various concerns, including the idea that gender research and analysis would “trivialize” or “politicize” the Holocaust, de-emphasize the centrality of anti-Semitism and racism to Nazi persecution,¹ and promote “comparative victimhood or creat[e] unequal victims.”² Studying the gendered dimensions of genocide, however, does not …

Size Dependence In Non-Sperm Ejaculate Production Is Reflected In Daily Energy Expenditure And Resting Metabolic Rate, Christopher R. Friesen, Donald R. Powers, Paige E. Copenhaver-Parry, Robert T. Mason

Faculty Publications - Department of Biological & Molecular Science

The non-sperm components of an ejaculate, such as copulatory plugs, can be essential to male reproductive success. But the costs of these ejaculate components are often considered trivial. In polyandrous species, males are predicted to increase energy allocation to the production of non-sperm components, but this allocation is often condition dependent and the energetic costs of their production have never been quantified. Red-sided garter snakes (Thamnophis sirtalis parietalis) are an excellent model with which to quantify the energetic costs of non-sperm components of the ejaculate as they exhibit a dissociated reproductive pattern in which sperm production is temporally disjunct from …

A Simple Bioluminescent Method For Measuring D-Amino Acid Oxidase Activity, T. Spencer Bailey, Micah T. Donor, Sean P. Naughton, Michael D. Pluth

Faculty Publications - Department of Biological & Molecular Science

D-Amino acid oxidase (DAO) plays important roles in regulating D-amino acid neurotransmitters and was recently identified as a key enzyme integral to hydrogen sulfide production from D-Cys. We report here the development of a simple biocompatible, bioluminescent method for measuring DAO activity based on the highly selective condensation of D-Cys with 6-hydroxy-2-cyanobenzothiazole (CBT-OH) to form D-luciferin.

Performance Implications Of Fortune 500 Companies' Self-Interest In Corporate Social Responsibility Activities, Peter M. Neeves

Walden Dissertations and Doctoral Studies

Numerous prior studies examining the relationship between Corporate Social Responsibility (CSR) and corporate financial performance have produced mixed results. Consumers expect alignment between corporation's CSR and business activities, yet a paucity of research examines the nature of CSR activities as related to corporate financial performance. Corporate leaders lack direction as to what CSR activities are most impactful. CSR is grounded in stakeholder theory, ethical work climate, and servant leadership theories. The relationship between self-interest in CSR activities, an index of alignment between business activities and CSR activities, and financial performance as measured by return on assets (ROA), return on equity …

The Link Between Leadership And Reduced Dropout Rates, Kathy Evans-Brown

Walden Dissertations and Doctoral Studies

Urban high schools that predominantly service at-risk students have not been faring well, with disproportionate numbers of minority children and poor White children are dropping out. The purpose of this mixed methods study was to examine the relationship between leaders' successes and the number of reduced dropout initiatives in 2 urban schools. This research was guided by empirical literature that included a review of various successful leadership practices. Case study interviews were conducted with 2 principals and 3 directors and were analyzed for common themes. Quantitative survey data were collected from a purposeful sample of 195 students and 7 administrative …

Practice Guidelines For Self-Management Of Osteoarthritis Pain In The Home-Based Settings, Oyesola Omowunmi Akintan

Walden Dissertations and Doctoral Studies

Osteoarthritis (OA) is a debilitating chronic illness that can prevent older adults from accomplishing their activities of daily living or ambulate without pain. The project's purpose was to develop and disseminate multidisciplinary educational practice guidelines to nurses for use in older homebound male Veteran's Administration OA patients to improve home-based pain management and self-care preventative strategies. Orem's theory of self-care management constituted the theoretical framework. The design was a quality improvement project and involved formation of 6 panels of interdisciplinary teams who reviewed the American Society of Anesthesiologist (ASA) and Osteoarthritis Research Society International (OARSI) guidelines. The ASA and OARSI …

An Investigation Of Compromise Across Political Parties, Jarryd T. Willis

Psychology Dissertations - Archive

The debt ceiling crisis of 2011, the government shutdown of 2013, and the extension of partisanship past the water's edge into Ukrainian-Russian and Israeli-Iranian politics are all recent examples of how polarized American politics has become. Despite the growing desire and necessity for more compromise in American politics, "the systematic study of compromise remains surprisingly under-developed" (Bellamy, Kornprobst, & Reh, 2012). The purpose of this dissertation was to test the premise that citizens create congress, and therefore citizens who value compromise could incentivize more integrative negotiations than citizens who only want their representative to adhere to their values. Using the …

Identity Reconstruction As Shiduers: Narratives From Chinese Older Adults Who Lost Their Only Child, Yongqiang Zheng, Thomas Lawson

Faculty Publications - College of Social Work

The purpose of this qualitative study was to illustrate how the identity of Chinese older adults who lost their only child changed after the traumatic event in the context of unique culture and policy settings. The individuals studied were 14 adults over the age of 50. Each respondent was interviewed concerning his or her post-loss experiences. Results indicated that these bereaved parents are not only deeply impacted by the loss of the most loved one, but are also stigmatized by the culture and victimized by the one-child policy. The collective identity as shiduer is defined not only by personal grief …

Ratings Fetishism, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

The obsession with increasing the reputational rankings of American colleges and universities more detrimentally impacts race-based admissions policies than does Supreme Court doctrine. It is no secret that many schools inflate, misleadingly report, or falsify records in order to pander to rankings systems like U.S. News and World Report (“U.S. News”). These systems weigh a school’s mean standardized test scores (SAT and/or ACT) heavily as one of the factors for assigning a rank. Thus, the incentive among schools playing the ratings game is to admit students with the highest SAT scores. But, if one agrees with the data that underrepresented …

Keynote Address, Katy Rankin

Water Law Review

No abstract provided.

Access To Justice & Tribal Water Rights, James Tilton

Water Law Review

No abstract provided.

The Glass Closet: Perceptions Of Homosexuality In Intercollegiate Sport, Jordan Bass, Robin Hardin, Elizabeth A. Taylor

Journal of Applied Sport Management

A mixed-methods approach was used to examine the perceptions and prevalence of open homosexuality in intercollegiate sport in the United States. Universityhosted biographies of NCAA Bowl Championship Series (BCS) head coaches were coded to determine the frequency of head coaches listing a wife, husband, and same-sex partner (Calhoun, LaVoi, & Johnson, 2011). These findings were paired with interviews of five college coaches exploring their feelings toward the culture surrounding homosexuality, by players, coaches, and administrators, at their university. Only one coach of more than 1,000 was identified as having a same-sex partner in university-sponsored coaching biographies. Interview findings revealed collegiate …

What Do Auditors Promise Their Governmental Audit Clients? What Do Governmental Audit Clients Want? Audit Proposal Evidence From Governmental Audit Procurement Processes, Yu-Tzu Chang

Theses and Dissertations--Accountancy

This dissertation, consisting of two studies, analyzes a dataset of audit proposals to investigate auditors’ impression management strategies and audit procurement quality in the public sector. Text based analytic methods are employed to examine the content of audit proposals, which were submitted for government audit engagements in fifteen states.

The first study investigates auditors' marketing language and hypothesizes that CPA firms will project a cooperative, non-independent image in audit proposals to impress potential clients. The results suggest that CPA firms, especially larger ones, project a persona of a cooperative and trustworthy service provider than to present themselves as independent auditors. …

The State Of Utah, Petitioner/Cross-Respondent V. Robert Damien Thornton : Brief Of Respondent/Cross.Petitioner On Certiori Review

Utah Supreme Court Briefs (1965 –)

This response arises from the court of appeals' decision reversing Thornton's convictions based on a violation of rule 404(b), Utah Rules of Evidence. The cross- petition arises from the court of appeals' decision affirming the trial court's exclusion of evidence under rule 412, Utah Rules of Evidence. The Honorable Katie Bernards-Goodman, presided, in the trial court.

Unfair And Deceptive Robots, Woodrow Hartzog

Faculty Scholarship

Robots, like household helpers, personal digital assistants, automated cars, and personal drones are or will soon be available to consumers. These robots raise common consumer protection issues, such as fraud, privacy, data security, and risks to health, physical safety and finances. Robots also raise new consumer protection issues, or at least call into question how existing consumer protection regimes might be applied to such emerging technologies. Yet it is unclear which legal regimes should govern these robots and what consumer protection rules for robots should look like.

The thesis of the Article is that the FTC’s grant of authority and …

Synthesis And Molecular Modeling Studies Of Naproxen-Based Acyl Hydrazone Derivatives, Tuğba Taşkin Tok, Özgün Özaşik, Deni̇z Sarigöl, Ayşe Uzgören Baran

Turkish Journal of Chemistry

A series of N-acylhydrazone derivatives (2a--2p) containing 6-methoxy-naphthalene and acylhydrazone moieties were synthesized in good yield using microwave irradiation and developed as potential COX-2 inhibitors. Furthermore, the interactions between COX-2 and the compounds were examined in detail by molecular modeling studies such as structure--activity relationship and molecular docking performed using Gaussian 09 and Discovery Studio 3.5. As a result, it was found that N-acylhydrazone compounds displayed a different mechanism than SC-558 as COX-2 inhibitor by binding to different active sites of the protein, COX-2. Compound 2c would be a good COX-2 inhibitor candidate for preclinical studies.

Purification And Characterization Of Nadph-Cytochrome P450 Reductase From Lake Van Fish Liver Microsomes And Investigation Of Some Chemical And Metals' Effects On The Enzyme Activity, Müslüm Kuzu, Mehmet Çi̇ftci̇

Turkish Journal of Chemistry

NADPH-cytochrome P450 reductase was purified from Lake Van fish liver microsomes by primary and secondary DEAE-cellulose column chromatograph with 20.46 \mu M/min/mg enzyme specific activities, 54.4% purification yield, and purification of 38-fold. The purity of the enzyme was established, and its monomer molecular weight was determined by SDS-polyacrylamide gel electrophoresis. SDS-PAGE results showed a single band and the molecular weight of NADPH-cytochrome P450 reductase was 70 kDa. In addition, optimum ionic strength, optimum pH, optimum temperature, and stable pH values were determined for the enzyme in the kinetic studies performed. K_M and V_{max} were determined for NADPH and cytochrome c. …