Independent Immigrant Selection Criteria and Equality Rights : Discretion, Discrimination and Due Process

Le présent texte constitue une réplique à l'article de Walter Chi Yan Tom, « Equality Rights in the Federal Independent Immigrant Selection Criteria » ((1990) 31 C. de D. 477.)) et dans lequel l'auteur affirmait que les critères de sélection de l'immigrant indépendant sont discriminatoires au regard de l'article 15 de la Charte constitutionnelle et ne peuvent se justifier par l'article 1. L'auteure affirme ici que la faculté d'apprécier et d'établir des distinctions dans le cours de la prise de décision administrative en la matière ne saurait équivaloir à la discrimination au sens de l'article 15. Elle examine le conflit entre la souveraineté de l'Etat et les principes généraux du droit, de même que l’utilisation par les tribunaux de la détermination de la qualité d'ester en justice pour éviter de se prononcer sur le fond constitutionnel. Enfin, elle critique l'absence de cohérence et de rationalité dans la reconnaissance de droits procéduraux à différentes catégories d'immigrants.This article is a response to Walter Chi Yan Tom's « Equality Rights in the Federal Independent Immigrant Selection Criteria », published in 1990 in this journal, in which it is asserted that the federal independent immigrant selection criteria are discriminatory within the meaning ofs. 15 of the Charter and are not demonstrably justified according to s. 1.The author argues that Tom badly distorts the section 15 meaning of discrimination when he equates the discretion and drawing of distinctions, which are part of the administrative decision-making process by which independent immigrants are selected, with section 15 discrimination. The article also addresses the conflict between State sovereignty and the sovereignty of universal legal principles, a conflict which is raised in Tom's article. Finally, the author examines the ways in which standing rights have been used by the courts in immigration decisions to avoid dealing with substantive Charter issues, and criticizes the lack of rationality and coherence in the assignment of due process rights to different classes of nonnationals under current immigration law

The Impact of Information and Communications Technologies (ICTs) on Firm Location

Thesis (Ph.D.) - Indiana University, Geography, 2010Recent innovations in information and communications technologies (ICTs), particularly those related to the Internet, have fundamentally changed the environment in which businesses and regions compete around the globe. Despite widespread recognition of this change, several aspects of the manner in which ICTs have impacted business location and regional development remain unexplored. The papers that comprise this dissertation seek to provide some initial quantitative insights about ICTs, firm location, and regional development, to a literature that remains largely theoretical and speculative. The first paper explores the utility of short and mid-range broadband forecasts as potential tools for local economic development officials to flag problematic areas where broadband provision via traditional market mechanisms is doubtful. The piece finds short and mid-range spatial forecasts of broadband provision offer improved results over aspatial forecasts, which is especially important for ICT studies, given the historical lack of available data for use in empirical work. Forecasts can also be used by economic development officials to craft proactive rather than reactive intervention strategies to rollout broadband in unserved areas. The second paper examines similarities in the spatial distribution of broadband provision and firms in a variety of industries. Results indicate the relationship between the location of broadband and the location of firms varies by firm size and industry. This suggests firm size and industry membership are critical considerations when evaluating the impact of ICTs on firm location decisions. The third and final paper examines the challenges associated with benchmarking regional development given the pervasive and related technological and industrial changes in the U.S over the past thirty years. Findings suggest multivariate approaches for benchmarking regional development are preferred over univariate approaches given the demonstrated divergence in univariate indicators in recent years. In sum, these three studies provide important information regarding the measurement of regional competitiveness in the global information economy, as well as information about the spatial relationship between firm location and broadband provision; which is likely to be a critical locational consideration for firm in specific sectors of the U.S economy

Barriers, Challenges, and Supports to the Implementation of Standardized Patients and Simulated Environments by Occupational Therapy Education Programs

A national survey examined the implementation rates, barriers, challenges, and supports to implementation of two types of simulation (standardized patients and simulated environments) by entry-level occupational therapy education programs in the United States. It also sought to identify relationships between program characteristics and implementation of these types of simulation. An online survey inquiring about academic program characteristics and use of simulation was sent to all occupational therapy and occupational therapy assistant programs in the United States in 2017 prior to the implementation of the 2018 Accreditation Council for Occupational Therapy Education Standards and the onset of the COVID-19 Pandemic. Data were analyzed using both statistical and content analysis. There were 97 responses to the survey, with an approximate response rate of 23.8%. Thirty-eight percent of responses used standardized patients and 70% used simulated environments in their didactic coursework. Programs at private institutions were more likely to use standardized patients than programs at public institutions (Cramer’s V=0.229; p=0.024). Funding was the most cited support, challenge, and barrier to the use of standardized patients. Physical space was the most cited support and challenge for the use of simulated environments, with funding as the most cited barrier. Study results indicate that adequate funding, space, and potentially other resources are needed for successful implementation of these types of simulation. Future research should further study the barriers and supports to implementation of simulation by occupational therapy academic programs as well as further examination of implementation rates

Caseload Allocation and Special Judicial Skills: Finding the \u27Right Judge\u27

Australian courts, as with those in most common law systems, value judicial officers who are generalists. Appointment to a court indicates that the appointee is capable of dealing impartially with all types of cases that come before it. However, caseload allocation processes within courts also recognize and value different skills or expertise that may be applied to particular types of cases or to particular judicial tasks. Our research investigates ways magistrates courts in Australia (first instance courts of general criminal and civil jurisdiction) manage caseload allocation processes to match magistrates’ skills and abilities to specific work demands within their general jurisdictions as well as to the demands of specialist lists and courts. The research draws on interview data collected from judicial officers and court staff involved in caseload allocation in four Australian jurisdictions. This research finds that these courts place a high value on the principle that ‘everyone should be able to do everything’ and the entitlement of individual judicial officers to a caseload that is balanced and fair in relation to their colleagues. However, this preference for generalist judicial officers can create tensions in relation to the need to staff specialist lists, and to sometimes use particular skills in the general lists. Despite the presumption of competence, those allocating generalist and specialist caseload take into account different skills and expertise in the judicial workforce in the allocation decisions. Preferences of judicial officers for particular types of work can also play a role. However, the process by which assessments are made about expertise is also less than transparent in many cases, and draws largely on informal sources of knowledge. Magistrates and court users may benefit from a more clearly defined and transparent process to identify and develop skills and expertise, and allocate caseload accordingly. Such a process must preserve the flexibility that these high-volume courts need to deal with their caseload efficiently and appropriately and to match judicial skills to the needs of particular types of cases

Steroid Control of Longevity in Drosophila melanogaster

Ecdysone, the major steroid hormone of Drosophila melanogaster, is known for its role in development and reproduction. Flies that are heterozygous for mutations of the ecdysone receptor exhibit increases in life-span and resistance to various stresses, with no apparent deficit in fertility or activity. A mutant involved in the biosynthesis of ecdysone displays similar effects, which are suppressed by feeding ecdysone to the flies. These observations demonstrate the importance of the ecdysone hormonal pathway, a new player in regulating longevity

Combined image and genomic analysis of high-grade serous ovarian cancer reveals PTEN loss as a common driver event and prognostic classifier.

BACKGROUND: TP53 and BRCA1/2 mutations are the main drivers in high-grade serous ovarian carcinoma (HGSOC). We hypothesise that combining tissue phenotypes from image analysis of tumour sections with genomic profiles could reveal other significant driver events. RESULTS: Automatic estimates of stromal content combined with genomic analysis of TCGA HGSOC tumours show that stroma strongly biases estimates of PTEN expression. Tumour-specific PTEN expression was tested in two independent cohorts using tissue microarrays containing 521 cases of HGSOC. PTEN loss or downregulation occurred in 77% of the first cohort by immunofluorescence and 52% of the validation group by immunohistochemistry, and is associated with worse survival in a multivariate Cox-regression model adjusted for study site, age, stage and grade. Reanalysis of TCGA data shows that hemizygous loss of PTEN is common (36%) and expression of PTEN and expression of androgen receptor are positively associated. Low androgen receptor expression was associated with reduced survival in data from TCGA and immunohistochemical analysis of the first cohort. CONCLUSION: PTEN loss is a common event in HGSOC and defines a subgroup with significantly worse prognosis, suggesting the rational use of drugs to target PI3K and androgen receptor pathways for HGSOC. This work shows that integrative approaches combining tissue phenotypes from images with genomic analysis can resolve confounding effects of tissue heterogeneity and should be used to identify new drivers in other cancers.This work was supported by Cancer Research UK [grant numbers A15601, A17197,A16561, A10124]; the University of Cambridge; National Institute for Health Research Cambridge Biomedical Research Centre and Academic Clinical Fellowship scheme (FCM); Cambridge Experimental Cancer Medicine Centre and Hutchison Whampoa Limited. The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript.This is the final published version. It first appeared at http://genomebiology.com/2014/15/12/526

Scholarship in Review 88(1)

Scholarship in Review was a magazine highlighting research and scholarly activities at Central Washington University, published by the Office of Graduate Studies and Research.https://digitalcommons.cwu.edu/scholarship_in_review/1004/thumbnail.jp

Racial disparities in receipt and comparative effectiveness of oxaliplatin for stage III colon cancer in older adults

African Americans (AA) in the United States have higher rates of colon cancer (CC) mortality than other races. This study examines the use of oxaliplatin, a novel chemotherapeutic agent approved in 2004, among AA and Caucasian Americans (CA) patients with stage III colon cancer to understand whether differential receipt or differential effectiveness of the drug may explain the racial disparity in CC mortality