Municipal Predatory Lending Regulation in Ohio: The Disproportionate Impact of Preemption in Ohio\u27s Cities

Whether in the case of predatory lending or other issues that will differ from location to location, municipalities should continue to protect their cities by exercising their power under the Home Rule Amendment to enforce regulations not in direct conflict with Ohio law. Even though the Framers of the Home Rule Amendment intended to protect municipal power by ensuring that only those ordinances in actual conflict would be voided, Ohio courts have denied municipalities their Home Rule police power by applying a conflict by implication test, contributing to the housing crisis still plaguing Ohio\u27s cities. While Ohio courts have made clear that it is not the position of the judiciary to consider policy, courts can follow the lead of other jurisdictions that consider the totality of the circumstances when determining whether state regulation constitutes a general law. Also, beyond following the intent of the Framers, Ohio courts should apply a direct conflict analysis to better capture local variables and needs, especially when matters have a disproportionate effect on certain communities. By following these proposed modifications a municipality will have better control over its own future as the Framers intended. In turn, the increased consistency from the courts would stimulate both the General Assembly and city councils to enact improved legislation

Municipal Predatory Lending Regulation in Ohio: The Disproportionate Impact of Preemption in Ohio\u27s Cities

Whether in the case of predatory lending or other issues that will differ from location to location, municipalities should continue to protect their cities by exercising their power under the Home Rule Amendment to enforce regulations not in direct conflict with Ohio law. Even though the Framers of the Home Rule Amendment intended to protect municipal power by ensuring that only those ordinances in actual conflict would be voided, Ohio courts have denied municipalities their Home Rule police power by applying a conflict by implication test, contributing to the housing crisis still plaguing Ohio\u27s cities. While Ohio courts have made clear that it is not the position of the judiciary to consider policy, courts can follow the lead of other jurisdictions that consider the totality of the circumstances when determining whether state regulation constitutes a general law. Also, beyond following the intent of the Framers, Ohio courts should apply a direct conflict analysis to better capture local variables and needs, especially when matters have a disproportionate effect on certain communities. By following these proposed modifications a municipality will have better control over its own future as the Framers intended. In turn, the increased consistency from the courts would stimulate both the General Assembly and city councils to enact improved legislation

Pause and Possibility: Pre-Service Teachers’ Perspectives on Creative Writing Clubs

Creative writing clubs can enrich the lives of writers and facilitators. These clubs provide many opportunities to enrich their members’ academic, social, and personal development (Clifton, 2022; Siskel & Jacobs, 2011; Lawton, 2021). This project uses a focus-group study of five pre-service Integrated Language Arts teachers to explore the teachers\u27 perspectives on advising creative writing clubs. Their insight informs a web-based teacher resource, Creative Writing Club Hub. Major findings are that participants harbor low self-efficacy towards creative writing and that the most effective method for encouraging them to advise these clubs may be to create a creative writing community among educators. The resource provides information to inform and inspire educators and will become a springboard for that community

Thwarted Interpersonal Needs, Depression, and Sleep Disturbances in Primary Care: Does Gratitude Help You Sleep?

Sleep disturbances are prevalent in primary care patients and can be exacerbated by interpersonal dysfunction and depression. As well, thwarted interpersonal needs (TIN), including thwarted belongingness and perceived burdensomeness, contribute to depression. However, the presence of gratitude, a cognitive-emotional protective factor, may improve symptoms. We longitudinally examined the mediating role of depressive symptoms on the relation between TIN and sleep disturbances, and the moderating role of gratitude on the TIN-sleep disturbances and depression-sleep disturbances linkages. Our primary care patient sample (N = 223) completed self-report surveys at baseline (T1) and at a one-year follow-up (T2; n = 97). Patients with greater TIN reported more depressive symptoms (T1) and, in turn, increased sleep disturbances (T2). Gratitude did not moderate the belongingness model but, in the burdensomeness model, buffered the linkage between burdensomeness and sleep disturbances and strengthened the relation between depressive symptoms and sleep disturbances. Clinical implications and future research directions are discussed

Corporal Punishment in Schools; Due Process; Cruel and Unusual Punishment; Ingraham v. Wright

Corporal punishment as a means of disciplining school children has been used in this country since colonial days. There have been various constitutional attacks on the practice of inflicting corporal punishment, with varying results, and the issue was finally brought before the Supreme Court in Ingraham v. Wright. The Court decided on April 19, 1977 that the Cruel and Unusual Punishment Clause of the eighth amendment does not apply to disciplinary corporal punishment in public schools and that the Due Process Clause of the fourteenth amendment does not require notice and hearing prior to imposition of corporal punishment, as that practice is authorized and limited by the common law

Investigation of airway access techniques in men's lacrosse with relation to helmet fit

Objective: Determine effect of helmet fit (athletic trainer-AT vs. player-PF) and airway access technique (helmet removal-HR vs. facemask removal-FR) on cervical spine (C-spine) motion. Results: Interaction effect for integrated motion in frontal plane (F1,17= 8.052, P=0.011) and peak displacement in sagittal (F1,17= 12.336, P=0.003) and transverse planes (F1,17= 11.118, P= 0.004). Main effect of airway access technique in all planes for peak displacement and integrated motion; HR resulted in more motion than FR. Main effect of fit for transverse plane peak displacement and frontal plane integrated motion; AF resulted in more motion than PF. Conclusion: These findings suggest an increase in c-spine motion with HR compared to FR; HR is a faster method of airway-access. FR is the current guideline for airway access technique, but HR should be considered as a viable option, especially when time is important.Master of Art

La pollution sonore des océans et la règlementation du bruit sous-marin : un enjeu international qui prend tout son ampleur dans l’Arctique canadien

Les océans sont remplis de sons naturels et sont aujourd’hui de plus en plus envahis par des bruits d'origine humaine (bruits anthropiques). Ce mémoire étaye l’état actuel des connaissances sur les différentes sources de bruits sous-marins et leurs effets négatifs pour les espèces marines, les écosytèmes et les populations côtieres. Bien que le bruit soit un facteur de stress environnemental similaire à d'autres formes de pollution, la gestion du bruit anthropique a été négligée par les États et par le droit international. Cette étude met en lumière les difficultés pour le droit international et les États d’adopter des instruments spécialisés pour contrer le bruit anthropique alors que planent plusieurs incertitudes scientifiques. Le mémoire identifie et analyse les instruments contraignants et de soft law actuellement en vigueur, à l’international et au Canada, pour découvrir s’ils peuvent être mobilisés dans la lutte contre la pollution sonore dans les eaux arctiques canadiennes. L’adoption d’instruments juridiques ciblant spécifiquement les bruits anthropiques sous-marins est prônée mais avec la mise en garde que ce processus nécessitera une coopération inter et intra sectorielle concertée aux niveaux national, régional et international entre les milieux législatifs, scientifiques et décisionnels.The world oceans are filled with natural sounds, which are being increasingly encroached upon by human sourced noises (anthropogenic noise). This thesis provides an overview of the current state of knowledge on the different sources of underwater noise and their negative effects on marine species, ecosystems and coastal populations. While anthropogenic noise is an environmental stressor similar to other forms of pollution, the management of anthropogenic noise has been neglected by States and by international law. This study highlights how scientific uncertainties and gaps complicate the process of crafting specialized international and domestic instruments to mitigate the impacts of underwater anthropogenic noise. The thesis identifies and analyzes binding and soft law instruments currently in force, internationally and in Canada, to discover whether they can be used to reduce noise pollution in Canadian Arctic waters. The adoption of legal instruments specifically applicable to anthropogenic underwater noise is advocated but with the caveat that it will require concerted inter and intra sectoral cooperation at the national, regional and international levels between legislative, scientific and decision-making circles