The Effects of the Canadian Supreme Court's Charter Interpretation on Regional and Intergovernmental Tensions in Canada

Canada's adoption of the Charter of Rights and Freedoms in 1982had a number of unexpected consequences. Many Canadians hopedthat the Charter's adoption would help unify the country bycreating a shared set of civil liberties; yet, it was also fearedthat the Charter would tip the balance federal power in favorof the federal government because it allowed the national SupremeCourt to oversee provincial policymaking. Neither of these predictionshas come to pass. In its Charter cases, theSupreme Court hasneither made the national government its constitutional favoritenor helped to unify Canadians.The Court's language-rights caseshelped catalyze Quebecois resentment toward the rest of Canada.preferentialtreatment of laws and court decisions from Ontario has the potentialto increase Canada's regional antagonisms as well. These findingsdemonstrate that judicial power can have significant politicaleffects that are not anticipated by constitutional reformersor the constitutions they adopt.     

Revenue Strategy on the Gold Coast: The Case of Stamford, Connecticut

This study investigates the effects of federal policy and budgetchanges during the Reagan years as well as the revenue strategiesof governmental and private, nonprofit agencies in Stamford,Connecticut. Systematic examination of agency budgets and interviewswith agency directors in 1982 found widespread anxiety aboutpossible revenue decline, but few departures from traditionalrevenue strategies. In Stamford, federal changes produced revenueproblems for only a few agencies, most of which went about "businessas usual" and did not experience a budget crisis. This situationremained unchanged in late 1985.     

United Nations Peacekeeping and Civilian Protection in Civil War

Does United Nations peacekeeping protect civilians in civil war? Civilian protection is a primary purpose of UN peacekeeping, yet there is little systematic evidence for whether peacekeeping prevents civilian deaths. We propose that UN peacekeeping can protect civilians if missions are adequately composed of military troops and police in large numbers. Using unique monthly data on the number and type of UN personnel contributed to peacekeeping operations, along with monthly data on civilian deaths from 1991 to 2008 in armed conflicts in Africa, we find that as the UN commits more military and police forces to a peacekeeping mission, fewer civilians are targeted with violence. The effect is substantial—the analyses show that, on average, deploying several thousand troops and several hundred police dramatically reduces civilian killings. We conclude that although the UN is often criticized for its failures, UN peacekeeping is an effective mechanism of civilian protection.     

From Rights to Claims: The Role of Civil Society in Making Rights Real for Vulnerable Workers

This article examines the contextual factors driving legal mobilization of workers in the United States through an analysis of national origin discrimination charges under Title VII of the 1964 Civil Rights Act (2000–2005). Consistent with previous studies, this analysis confirms that high unemployment levels and weak labor protections promote legal mobilization. The findings also highlight the positive role that civil society may play in promoting claims-making. I argue that nongovernmental organizations fill the gap in places where organized labor is weak, and may help support claims-making particularly in places with a larger vulnerable workforce. The article concludes by offering suggestions for a renewed sociolegal research agenda that examines the role of 501c(3) civil society organizations for the legal mobilization of an increasingly non-unionized and immigrant workforce.     

Orphan drug incentives in the pharmacogenomic context: policy responses in the US and Canada

Advances in pharmacogenomic research and increasing industry interest in personalized medicine have important implications for the way that orphan drug policies are interpreted and applied. Concerns have been raised about the potential impact of pharmacogenomics and new genomic technologies on our understanding of how disease categories are delineated, and subsequently, how the concept of rare disease should be defined for the purposes of orphan drug policies. This article considers whether orphan drug legislation can be drafted in a way that will maximize benefits and minimize concerns relating to the impact of pharmacogenomics on orphan drug research and development. After reviewing the issues that may arise at the intersection of orphan drug policies and pharmacogenomics, this article will discuss the potential impact of pharmacogenomics at two critical points: orphan designation and approval of the drug product. At each of these points, the relevant aspects of current US orphan drug legislation are examined, focusing on the extent to which recent amendments may address concerns that have been raised previously. This analysis will then provide the foundation for a critical review and recommendations regarding the proposed new Canadian orphan drug framework.     

The Influence of Religiosity and Spirituality on Adolescent Mothers and Their Teenage Children

This project assessed the influence of religiosity and spirituality on the socioemotional and behavioral adjustment of 110 adolescent mothers and their teenage offspring at age 14. Maternal religiosity, measured prenatally and when children were 3, 5, and 8 years of age, was defined as involvement in church as well as contact with and dependence on church officials and members. Levels of spirituality, defined as religious practices and beliefs, were assessed for both mothers and their children at 14 years postpartum. Hierarchical regression analyses suggested that maternal religiosity was a strong predictor of maternal and child adjustment; children’s own spirituality served as a predictor of their socioemotional adjustment as well. Furthermore, child spirituality mediated the relationship between maternal religiosity and children’s externalizing behavior. Implications for designing intervention programs with high risk families are discussed.     

From Victim to Offender: The Effects of Male Initiated Violence on Women Arrested for Using Intimate Partner Violence

A number of theorists posit that most women who are arrested for using violence against their intimate partners are in-fact victims of IPV themselves and should be treated as such. However, in this population of women IPV arrestees empirical investigation has yet to explore how physical and emotional victimization experiences are associated with arrest related factors, propensity to be abusive or attitude toward using relationship violence. The current study explores these factors finding no difference in arrest factors between women who (a) deny abuse, (b) report rare/occasional abuse and (c) report frequent/very frequent abuse. However, mixed results were found with regard to participants’ responses on scales measuring propensity to be abusive and attitudes about using violence in marriage. Theoretical and practical related issues are addressed.