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Articles 1 - 8 of 8
Full-Text Articles in Law
Re Canada Post Corp And Cupw (Paris), Innis Christie
Re Canada Post Corp And Cupw (Paris), Innis Christie
Innis Christie Collection
The Grievor was initially discharged for being absent without leave. After the first arbitration hearing the Grievor was reinstated with conditions; the same conditions were awarded after a second hearing. The Grievor has now been terminated for breach of one of those conditions - the need to seek immediate medical attention when absent from work due to illness. Although the Grievor became ill Sunday evening, the Union believed that by seeking medical attention on Monday the conditions of the previous Consent Award had been met.
Recently Arrested Adolescents Are At High Risk For Sexually Transmitted Diseases, Christopher Salvatore, Steven Belenko, Richard Dembo, Doris Weiland, Matthew Rollie, Alexandra Hanlon, Kristina Childs
Recently Arrested Adolescents Are At High Risk For Sexually Transmitted Diseases, Christopher Salvatore, Steven Belenko, Richard Dembo, Doris Weiland, Matthew Rollie, Alexandra Hanlon, Kristina Childs
Department of Justice Studies Faculty Scholarship and Creative Works
Adolescent offenders may be at high risk for sexually transmitted diseases (STDs). With previous research and interventions focused on incarcerated adolescents, data are needed on STD prevalence and risk factors among newly arrested youth released to the community, a far larger subgroup.Participants were recruited from all arrested youth processed at the Hillsborough County, Florida Juvenile Assessment Center during the last half of 2006 (506 males, 442 females). Participants voluntarily providing urine samples for drug testing as part of standard protocol were also consented to having their specimens split and tested for chlamydia and gonorrhea, using an FDA-approved nucleic acid amplification …
Recent Case, Ninth Circuit Considers Community's Racial Tension With Police In Finding Illegal Seizure And Lack Of Voluntary Consent. — United States V. Washington, 490 F.3d 765 (9th Cir. 2007), Portia Pedro
Faculty Scholarship
The traditional story of Fourth Amendment search and seizure doctrine involves a complex compromise between public safety and the constitutional right to personal liberty. Although the choice of viewpoint is often left out of the story, much also depends on whose perspective — police officers’ or civilians’ — a judge employs for search and seizure determinations. The chosen perspective circumscribes the types of facts that a judge considers in these evaluations. In United States v. Washington, the Ninth Circuit held that the district court should have suppressed evidence obtained through a vehicle search because the consent was not voluntary, or, …
Consenting Adults? Why Women Who Submit To Supervisory Sexual Harassment Are Faring Better In Court Than Those Who Say No…And Why They Shouldn’T, Kerri Lynn Stone
Consenting Adults? Why Women Who Submit To Supervisory Sexual Harassment Are Faring Better In Court Than Those Who Say No…And Why They Shouldn’T, Kerri Lynn Stone
Faculty Publications
Today, as a sexual harassment plaintiff who failed to report harassment before bringing suit, you likely will fare better under the law if you submitted to your harasser and engaged in relations with him, than you would if you had passively resisted until you were driven out of your employment. This Article examines the law’s illogical preference for plaintiffs who acquiesced to the propositions of their supervisors over those who resisted harassment but nonetheless failed to report it. It explores the roots of such a preference in society, as well as its consequences. Ultimately, this Article asks critical questions that …
Access To Medical Records For Research Purposes: Varying Perceptions Across Research Ethics Boards, Donald Willison, Claudia Emerson, Karen Szala-Meneok, Elaine Gibson, Lisa Schwartz, Karen Weisbaum, François Fournier, Kevin Brazil, Michael Coughlin
Access To Medical Records For Research Purposes: Varying Perceptions Across Research Ethics Boards, Donald Willison, Claudia Emerson, Karen Szala-Meneok, Elaine Gibson, Lisa Schwartz, Karen Weisbaum, François Fournier, Kevin Brazil, Michael Coughlin
Articles, Book Chapters, & Popular Press
Variation across research ethics boards (REBs) in conditions placed on access to medical records for research purposes raises concerns around negative impacts on research quality and on human subject protection, including privacy. Aim: To study variation in REB consent requirements for retrospective chart review and who may have access to the medical record for data abstraction. Methods: Thirty 90-min face-to-face interviews were conducted with REB chairs and administrators affiliated with faculties of medicine in Canadian universities, using structured questions around a case study with open-ended responses. Interviews were recorded, transcribed and coded manually. Results: Fourteen sites (47%) required individual patient …
The Therapeutic Misconception: A Threat To Valid Parental Consent For Paediatric Neuroimaging Research, Michael Hadskis, Nuala Kenny, Jocelyn Downie, Matthias Schmidt, Ryan D'Arcy
The Therapeutic Misconception: A Threat To Valid Parental Consent For Paediatric Neuroimaging Research, Michael Hadskis, Nuala Kenny, Jocelyn Downie, Matthias Schmidt, Ryan D'Arcy
Articles, Book Chapters, & Popular Press
Neuroimaging research has brought major advances to child health and well-being. However, because of the vulnerabilities associated with neurological and developmental conditions, the parental need for hope, and the expectation of parents that new medical advances can benefit their child, pediatric neuroimaging research presents significant challenges to the general problem of consent in the context of research involving children. A particular challenge in this domain is created by the presence of therapeutic misconception on the part of parents and other key research stakeholders. This article reviews the concept of therapeutic misconception and its role in pediatric neuroimaging research. It argues …
Principal Investigator Views Of The Irb System, Simon N. Whitney, Kirsten Alcser, Carl E. Schneider, Laurence B. Mccullough, Amy L. Mcguire, Robert J. Volk
Principal Investigator Views Of The Irb System, Simon N. Whitney, Kirsten Alcser, Carl E. Schneider, Laurence B. Mccullough, Amy L. Mcguire, Robert J. Volk
Articles
We undertook a qualitative e-mail survey of federally-funded principal investigators of their views of the US human subjects protection system, intended to identify the range of investigator attitudes. This was an exploratory study with a 14% response rate. Twenty-eight principal investigators responded; their comments were analyzed to show underlying themes, which are here presented along with supporting quotations. There was consensus that it is important to protect human subjects from research abuse, but disagreement over how well the IRB system is functioning. Some researchers felt that the system is effective and serves its purpose well. Of those who support the …
The Chinese Takings Law From A Comparative Perspective, Chenglin Liu
The Chinese Takings Law From A Comparative Perspective, Chenglin Liu
Faculty Articles
When acquiring private property, governments may exercise one of three options: confiscation, consensual exchange, or eminent domain. Under the first approach, the government can confiscate private land without seeking consent from private owners and without paying compensation to them. Alternatively, under the consensual exchange approach, the government can only acquire private property through arm’s-length negotiations in an open market. It requires the government to obtain consent from private owners and pay mutually agreed purchase prices, determined by both the government as a willing buyer and private owners as willing sellers. The third approach is through eminent domain, which denotes when …