Digital Commons Network^™

Legal Ethics For Government Lawyers: Lessons From Nunavut, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

While government lawyers face legal ethics issues unique to that practice context, those issues are overlooked in the rules of professional conduct in all but one Canadian jurisdiction: Nunavut. In this comment, I canvass several provisions that are unique to the Code of Professional Conduct of the Law Society of Nunavut. These provisions are inexplicably overlooked in the Canadian legal ethics literature to date. I then assess how these provisions address the legal ethics issues unique to government lawyering. Finally, I argue that the Nunavut provisions should be considered a starting point and I consider additional changes that could be …

Crown Prosecutors And Government Lawyers: A Legal Ethics Analysis Of Under-Funding, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Crown prosecutors and government lawyers are reliant on governments for their funding but exert no meaningful influence or control over such funding decisions. Nonetheless, this article demonstrates that as a question of law, under-funded Crown prosecutors and government lawyers risk violating their professional duties. If so, they must promptly inform the government, refuse new matters and, if necessary, withdraw from existing matters. If the government purports to block such refusal or withdrawal and does not provide adequate funding, resignation will become necessary. While law societies will likely not prioritize disciplinary action against such lawyers, the policy reasons to forego such …

Lawyers And Public Service: Duty, Faith, And The 'Good Republican' In The West Wing, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Popular culture reveals much about the perceived role of lawyers in contemporary life. In this article, I draw lessons from the portrayal of lawyers in Aaron Sorkin's classic television series, The West Wing. As a drama centred around a Democratic presidential administration, Republicans often provide the foil. From time to time, however, the show lionizes what might be termed ‘the good Republican’. That ‘good Republican’ is most often a practicing lawyer whose desire to serve is grounded in duty or faith. In this essay, I use a trio of these characters to explore the role of lawyers in public service. …

Role Call: Can A Backbench Legislator Practice As A Criminal Defence Lawyer? A Legal Ethics Analysis, Andrew Flavelle Martin, Brandon Trask

Articles, Book Chapters, & Popular Press

Legislators come from a range of backgrounds. Many legislators happen to be lawyers. Parliamentary rules typically allow legislators who are not members of Cabinet to practice a profession part-time. However, the part-time practice of law poses special legal ethics challenges. In this article, we consider the legal ethics issues that arise when a backbench legislator of the governing party practices criminal defence law part-time. We argue that such a dual role engages three serious, unavoidable, and perhaps even unresolvable legal ethics issues. The first issue is the time constraints imposed by outside interests. The second issue is conflicts of interest, …

Crown Attorneys, The Attorney General, And Judicial Discipline: A Comment On Lauzon V Ontario (Justices Of The Peace Review Council), Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Should the consequences for judicial misconduct be different depending solely on the identity of the person who makes a complaint? In a surprising decision, the Ontario Court of Appeal in Lauzon v Ontario (Justices of the Peace Review Council) holds that dispositions downstream from complaints by Crown attorneys (or any other member of the executive branch of government) should be lower than other dispositions because the vindication of such complaints is inherently dangerous to judicial independence and the separation of powers. In this comment, I look closely at the reasoning in Lauzon and respectfully suggest that that reasoning is problematic. …

Legal Ethics For Crown Attorneys On Appeal, Elizabeth Matheson, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

While there is extensive legal literature and case law addressing the role and ethical responsibilities of Crown attorneys, questions about that role and those responsibilities at the appellate stage are largely absent from the literature and somewhat scattered across the case law. In this article, the authors seek to address this gap by answering four key questions. The first is whether the ethical obligations of the Crown, as expressed in R. v. Boucher, apply at the appellate stage. Against the backdrop of this first question, the authors discuss when an appellate Crown may bring an appeal from an acquittal or …

Copyright In The Age Of Artificial Intelligence: Navigating Access To Algorithmic Training Materials And The Three‐Step Test For Text And Data Mining In Nigeria, Morris Odeh

Articles, Book Chapters, & Popular Press

Over the past decade, the Nigerian government has sought to leverage Artificial Intelligence (AI) to drive socioeconomic transformation and improve the welfare of its citizenry. Recent initiatives, such as the establishment of the National Centre for AI and Robotics (NCAIR) and the development of several strategic AI policies, highlight the country's commitment to this objective. This article explores the often‐overlooked issue of how the Nigeria's copyright regime hinders these initiatives, revealing that the regime permits only fair dealing and the transient or incidental reproductions of copyrighted materials for limited technological purposes. This study argues that this regime is unduly restrictive …

Tax Treaty Arbitration: An Unacceptable Surrender Of National Sovereignty Or An Expression Of Sovereign Power?, Kim Brooks, Richard Krever

Articles, Book Chapters, & Popular Press

The release in 2016 by the Organisation for Economic Co-operation and Development of a draft multilateral treaty to modify thousands of global bilateral tax treaties was met with surprisingly strong support by the international community, with many states signing, ratifying, and implementing the treaty. One of the treaty’s most contentious elements is the addition to the dispute resolution measures in bilateral treaties, a process known as mutual agreement procedure, of a mandatory arbitration procedure that is to be available where agreement cannot be reached under the conventional process. In contrast to the mutual agreement procedure, which includes no requirement that …

Sentencing Vulnerability: Conceptualizing The Incorporation Of Personal Characteristics And Experiences At Sentencing, Adelina Iftene

Articles, Book Chapters, & Popular Press

Social inequalities that lead to criminal conduct are often not considered in sentencing; individuals subject to structural inequities receive the same formal sentence as those convicted of like crimes irrespective of the latter’s social advantage. Individual characteristics may also affect how a sentence will be experienced by an individual. While Characteristics and Experience-Sensitive Sentencing (CESS) already exists in various forms and to various degrees in sentencing theory and praxis, a more cohesive, comprehensive, and principled CESS remains wanting. Building on existing approaches, this article locates CESS as a necessary response to equality-based concerns arising from current mainstream sentencing practice. Thus, …

Allocative Justice As A Constraint On Fiscal Imperialism In International Tax, Okanga Ogbu Okanga, Kim Brooks

Articles, Book Chapters, & Popular Press

Taxpayers’ cross-border activities often result in two (or more) states claiming the right to tax their income. To address concerns about how those tax liabilities might aggregate and suppress international activities, states typically agree to split the tax base between them. But how can states fairly share tax revenue from cross-border activities? Tax scholars and policymakers offer different normative perspectives to address this inter-nation equity conundrum. In this article, we conceptualize these normative perspectives into two types. One centres on identifying where the economic factors that lead to the ability to produce the income are located (and uses that determination …

The Invisibility Of Tpms In Academic Libraries How Digital Content Protection Has Become Part And Parcel Of Platform Design, Anthony D. Rosborough, Katherine Silins

Articles, Book Chapters, & Popular Press

This article investigates a growing divide in how TPMs are understood and encountered across two domains: digital content access and software-dependent device controls. Through legal and qualitative empirical lenses, it reveals that TPMs guarding digital content access across Canadian academic institutions (particularly relating to e-books, journals, and streaming media) have become seamlessly embedded into platform design and licensing schemes. This facilitates their ubiquity and invisibility, while at the same time making them difficult to challenge from a law and policy reform perspective. It also makes content TPMs difficult to identify, measure, or challenge in furtherance of lawful exceptions and limitations …

“I’M Not Really Sure Of What Exists Here”: Frontline Perspectives On Services For Technology-Facilitated Sexual Violence, Jennifer L. Mcarthur, Kayla J. Goruk, Julie Blais, Alexa Dodge, Suzie Dunn

Articles, Book Chapters, & Popular Press

Technology-facilitated sexual violence (TFSV) is a pervasive issue, yet research on the availability, accessibility, and effectiveness of services for TFSV victimsurvivors remains limited, particularly in Canada. This qualitative study examines the state of service provision for TFSV in Nova Scotia, drawing on insights from 12 interviews with service providers specializing in sexual violence prevention and response. The study explores the availability and nature of services offered to TFSV victim-survivors and the key challenges faced by professionals in providing support. Thematic analysis highlights significant gaps in service provision, including a reliance on generalized approaches, restrictive eligibility criteria that exclude certain victimsurvivors, …

Interest-Holder Priorities For Health Surveillance Of People Incarcerated In Canada: A Qualitative Study, Jessica Gaber, Njideka Sanya, Alice Cavanagh, Savage Bear, Sara Howdle, Iridian M. Grenada, Michelle Howard, Adelina Iftene, Fiona G. Kouyoumdjian

Articles, Book Chapters, & Popular Press

Objectives: As a core function of public health, health surveillance for people who are incarcerated could address gaps in knowledge regarding their health status. The views of people who could use these data and who are included in health surveillance data should inform health surveillance. In this study, we aimed to identify the priorities of interest-holders for health surveillance of people incarcerated in Canadian correctional facilities.

Study design: We conducted an overall qualitative descriptive study with an embedded reflexive thematic analysis and a qualitative content analysis.

Methods: We conducted virtual or phone-based focus groups and interviews with people across Canada, …

What's Law Got To Do With It? The Role Of The Law In Creating And Exacerbating Racial Disparities In Colonial Land Grants After The War Of 1812, Melisa Marsman

Articles, Book Chapters, & Popular Press

While the reciprocal relationship between law and race is complex and multifaceted, it has deep historical roots in colonial legal systems that played a crucial role in producing and perpetuating racial inequalities. The effects of these historical injustices persist today, evident in the numerous examples of racial disparities across various aspects of life, including land ownership. This article aims to uncover the role of settler-colonial land laws in creating and exacerbating land-based racial inequalities in colonial land grants, with a specific focus on those affecting the Black Refugees of the War of 1812.

The Differential Expands: Ataxia From Paraneoplastic Cerebellar Degeneration, Dominic Thomas, Md, Amy Dechet

Books, Presentations, Posters, Etc.

Introduction: Paraneoplastic cerebellar degeneration is a rare cause of cerebellar ataxia with a poor prognosis for neurologic recovery. The management of symptoms is dependent primarily upon timely diag nosis and treatment of the underlying neoplasm. Herein, we present the diagnostic and treatment course of a patient with paraneoplastic cerebellar degeneration. Case: A 72-year-old woman with a past medical history of left mastectomy for high grade ER/PR negative Her2 positive invasive ductal carcinoma presented with progressively worsening dysarthria and ataxia over two months. A metabolic work up by her primary care physician was unrevealing. Breast MRI did not show recurrence of …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Ethical Considerations For Teaching With Artificial Intelligence: A Scoping Review In Medical Education Settings, Amani Itani, Susie L Gronseth, Salma Musaad, Thuy Nguyen, Yiming Mirabile, Bettina M Beech

Children’s Nutrition Research Center Staff Publications

In the evolving realm of medical education, where artificial intelligence (AI) technologies play an increasingly pivotal role, embedding AI ethics within educational frameworks has become crucial. This scoping review explores the breadth of literature concerning ethical considerations for teaching with AI in medical education settings. Following the Preferred Reporting Items for Systematic Reviews and Meta-analyses extension for Scoping Reviews (PRISMA-ScR) guidelines, the team analyzed 82 peer-reviewed English-language articles published between 2018 and October 2023, sourced from PubMed, Embase, and Web of Science. The review presents insights into the geographic distribution of studies, publication trends, article types, common keywords, areas of …

A Reflection-Spectroscopy Measured Skin Carotenoid Score Strongly Correlates With Plasma Concentrations Of All Major Dietary Carotenoid Species Except For Lycopene, Qiang Wu, Cheryl Webb Cherry, Stephanie Jilcott Pitts, Melissa N Laska, Neal Craft, Nancy E Moran

Children’s Nutrition Research Center Staff Publications

Skin carotenoids can be measured non-invasively using spectroscopy methods to provide a biomarker of total dietary carotenoid and carotenoid-rich fruit and vegetable intake. However, the degree to which skin carotenoid biomarkers reflect intakes of specific carotenoids must be determined for specific devices. Previously, findings were mixed regarding the correlation between reflection spectroscopy (RS)-assessed skin carotenoids and individual plasma carotenoid concentrations. The current study expands on prior analyses to examine the cross-sectional associations between adult RS-assessed skin carotenoids and individual carotenoid species intakes and plasma concentrations, controlling for potential covariates. We hypothesized that RS-assessed skin carotenoid scores would strongly correlate with …

Ethnicity And Imitatio In Isidore Of Seville, Erica Buchberger

History Faculty Publications

Analyses of imitatio imperii commonly focus on the ceremonial and symbolic aspects of the Roman Empire—victory celebrations, creation of a capital, ceremonial dress and language, imagery on coins, and legal pronouncements—not ethnicity. Perhaps one reason is that in modern English, ‘imitation’ carries derogatory connotations of uninspired copying that remove the agency and creativity of the imitator. Imitated items and practices are seen as poor copies of originals, the latter of which are much more worthy of attention.2 Under this definition, one would expect an imitator of Rome to claim to be Roman, resembling Athaulf’s claim that Goths were unable to …

Carlitos And The Search For The Golden Cascaron: Continuing A Cultural Tradition, Manuel F. Medrano

History Faculty Publications

No abstract provided.

Towards A New Paradigm Of Ownership: Employee Share Ownership As A Tool For Governance And Csr, Zyed Achour, Mark J. Kaswan, Wajdi Ben Rejeb

Political Science Faculty Publications

Employee Share Ownership (ESO) is emerging as a model redefining corporate ownership and labor relations, within the broader context of “shared capitalism.” Despite growing research, gaps remain in understanding its relationship with corporate governance and Corporate Social Responsibility (CSR). This chapter explores how ESO aligns employee interests with organizational goals, enhances governance, and fosters sustainable business models. It examines the theoretical foundations of ESO, its impact on governance, and its role in promoting CSR, addressing both benefits and challenges. The chapter also considers how ESO redefines capitalism and property rights, pushing towards more inclusive economic models. Finally, it discusses the …

Fingerprints Of Injustice: The Truth Behind Artificial Intelligence And Algorithmic-Driven Evidence,, Aubrey Butler

Chapman Law Review

Artificial intelligence (AI) has steadily grown in prominence, reaching into nearly every aspect of daily life, and the legal system is not immune from its influence. As various forms of machine evidence have been admitted in court, there has been an accompanying rise in concerns from researchers, judges, and defense attorneys as to the trustworthiness and reliability of this new category of evidence.

Though AI and machine evidence takes various forms, this Note focuses on some of the most prominent programs being used in courtrooms today, namely the probabilistic genotyping software TrueAllele and the recidivism rate prediction software COMPAS. The …

Is This Cultural Property Law?: The Emerging Norm Of Voluntary Repatriations, Erin L. Thompson

Chapman Law Review

As the public’s awareness of the histories of theft and smuggling that brought many cultural artifacts from their communities of origin to American collections has grown, attitudes toward the ethics of retaining these artifacts has also shifted. This presentation will first consider challenges posed by existing legal remedies available for source countries who seek to reclaim their heritage and then discuss the emerging practice of voluntary repatriations, which occur when the current owner of an artifact returns it to a source country or community even though legal authorities would likely not compel its surrender.

An Exploration Of Drivers Of Sepsis Outcomes In Racial & Ethnic Minority Populations, Providence Svmc Gme

Abstracts, Posters, Presentations

No abstract provided.

An Atypical Presentation Of Metastatic Gastric Adenocarcinoma Due To Pulmonary Lymphangitic Carcinomatosis, Matthew Moritz, Md, Omar Pandhair, Md

View All Materials

No abstract provided.

Dual Inhibitor Of Mdm2 And Nfat1 For Experimental Therapy Of Breast Cancer: In Vitro And In Vivo Anticancer Activities And Newly Discovered Effects On Cancer Metabolic Pathways, Wei Wang, Marlene Aguilar, Sayantap Datta, Abigail Alley, Meheret Tadesse, Xinshi Wang, Xia Gao, Ruiwen Zhang

Faculty, Staff and Students Publications

INTRODUCTION: The oncogene MDM2 has garnered attention not only for its role in cancer as a negative regulator of the tumor suppressor p53 but also for its p53-independent oncogenic activities. MDM2 also involves metabolic reprogramming, such as serine metabolism, respiration, mitochondrial functions, the folate cycle, and redox balance. Traditional MDM2 inhibitors blocking the protein-protein binding between MDM2 and p53 have shown limited clinical success in various stages of clinical trials, most likely due to low efficacy, drug toxicity, and drug resistance, highlighting the need for a novel, p53-independent strategy to inhibit MDM2. The present study investigated the antitumor effects of …

A Scoping Review Of The Social Determinants Of Pediatric And Adolescent Obesity, Deepali K Ernest, Elizabeth A Onugha, Bipin Singh, Shreela V Sharma, Jayna M Dave

Faculty, Staff and Student Publications

Context: Social determinants of health (SDOH) play a large role in pediatric and adolescent metabolic health worldwide.

Objective: The study is aimed at exploring key SDOH related to childhood obesity, worldwide.

Methods: Primary research articles from PubMed, Embase, and Medline databases published between 2013 and 2023, had a study population of 0-19-year-olds, and examined the association between WHO-defined SDOH and childhood obesity were included. Non-English papers and those outside WHO-defined SDOHs were excluded. Two reviewers independently performed a blinded screening of titles and abstracts, followed by a full-text assessment of selected articles.

Results: Of the 703 initial articles, 22 duplicates …

Mapping Epidermal And Dermal Cellular Senescence In Human Skin Aging, Grace T Yu, Clarisse Ganier, David B Allison, Tamara Tchkonia, Sundeep Khosla, James L Kirkland, Magnus D Lynch, Saranya P Wyles

Children’s Nutrition Research Center Staff Publications

Single-cell RNA sequencing and spatial transcriptomics enable unprecedented insight into cellular and molecular pathways implicated in human skin aging and regeneration. Senescent cells are individual cells that are irreversibly cell cycle arrested and can accumulate across the human lifespan due to cell-intrinsic and -extrinsic stressors. With an atlas of single-cell RNA-sequencing and spatial transcriptomics, epidermal and dermal senescence and its effects were investigated, with a focus on melanocytes and fibroblasts. Photoaging due to ultraviolet light exposure was associated with higher burdens of senescent cells, a sign of biological aging, compared to chronological aging. A skin-specific cellular senescence gene set, termed …

Fecal Glucocorticoid Metabolite And T3 Profiles Of Orphaned Elephants Differ From Non-Orphaned Elephants In Zambia, Daniella E Chusyd, Janine L Brown, Steve Paris, Nicole Boisseau, Webster Mwaanga, Moses Kasongo, Lisa Olivier, Stephanie L Dickinson, Bailey Ortyl, Tessa Steiniche, Steven N Austad, David B Allison, Michael D Wasserman

Children’s Nutrition Research Center Staff Publications

Background: Elephants provide valuable insight into how early-life adverse events (ELAEs) associate with animal health and welfare because they can live to advanced ages, display extensive cognitive and memory capabilities, and rely heavily on social bonds. Although it is known that African savanna elephants that experienced ELAEs, such as being orphaned due to human activities, have altered behavioral outcomes, little is known regarding the physiological consequences associated with those stressors.

Methods: We compared fecal glucocorticoid (fGCM) and thyroid (fT3) metabolites as well as body condition scores (BCS) in rescued and rehabilitated orphaned (early-dry season: n = 20; late-dry season: n …

Characterizing Fermentable Carbohydrate Foods In The Diets Of Children With Abdominal Pain-Related Disorders Of Gut-Brain Interaction And Healthy Children, Vishnu Narayana, Jocelyn Chang, Ann R Mcmeans, Tasha Murphy, Rona L Levy, Robert J Shulman, Bruno P Chumpitazi

Children’s Nutrition Research Center Staff Publications

Objectives: Restricting dietary fermentable oligosaccharides, disaccharides, monosaccharides, and polyols (FODMAPs) can alleviate symptoms in children with disorders of gut-brain interaction (DGBI). Due to the restrictions of a low FODMAP diet (LFD), a less restrictive FODMAP Gentle diet (FGD) has been suggested. However, the types and amounts of high FODMAP foods and carbohydrates commonly consumed by children have not been studied. We aimed to identify the high FODMAP foods and proportions of FODMAP carbohydrates consumed by children with DGBI and healthy children (HC) and to determine which usually ingested FODMAPs would be restricted on the FGD.

Methods: Three-day diet records from …