106 research outputs found

    Anchoring the Law in a Bed of Principle: A Critique of, and Proposal to Improve, Canadian and American Hearsay and Confrontation Law

    Get PDF
    As recent case law demonstrates, both American Sixth Amendment Confrontation Clause jurisprudence and Canadian common law relating to hearsay evidence are conceptually problematic. The laws are, at times, internally incoherent and are difficult to justify on the basis of legal principles. This Article critiques confrontation and hearsay law in the United States and Canada, respectively, by exposing the lack of principle underlying each body of law. The Article develops a principled basis for evidence law in general, and hearsay and confrontation law in particular, providing a more stable foundation for hearsay and confrontation frame-works. Ultimately, the Article argues that the epistemic, truth-seeking goal of criminal evidence law is best served by the broad admission, rather than exclusion, of all hearsay evidence. Furthermore, while fairness concerns are relevant to some rules of evidence, there are no valid fairness concerns operating in the context of hearsay and confrontation law that should displace the primary principle of facilitating and promoting epistemically accurate fact-finding in criminal trials. Finally, this Article suggests that any dangers associated with the broad admission of hearsay evidence can be mitigated through effective argument by counsel and appropriate cautions to the trier of fact regarding any weaknesses inherent in the evidence

    Prevalence and persistence of Listeria monocytogenes in premises and products of small food business operators in Northern Ireland

    Get PDF
    peer-reviewedListeriosis is a foodborne disease, with a high mortality rate, that predominantly affects the elderly. Under European Union legislation, EC 2073/2005, food business operators are encouraged to undertake sampling to ensure that the food processing environment, and required to ensure that food products, are free of Listeria monocytogenes. To determine the prevalence of L. monocytogenes in smaller food processing facilities in Northern Ireland, 24 companies submitted six processing environment swabs and two food samples every two months for eighteen months (July 2015 to November 2016) for L. monocytogenes examination. The prevalence of L. monocytogenes was 4.6% in food samples, and 6.3% in processing environment swabs. Over the duration of the study, 96 isolates of L. monocytogenes were obtained, one from each positive sample, except for two meat samples that had >100 cfu/g, where two isolates were obtained from each sample. No seasonality in occurrence of L. monocytogenes was seen for food isolates but significantly higher numbers of positive processing environment swabs were found in the warmer months of May, July and September (p = .007). Pulsed Field Gel Electrophoresis (PFGE) analysis revealed the presence of 27 pulsotypes; 9 pulsotypes were shared between different facilities and 9 were persistent. Based on a Combase predictive growth model, 77.5% (n = 130) of the foods tested were predicted to support the growth of L. monocytogenes. All of the isolates carried the pathogenicity genes inlA and actA and 71.4% carried qacH, which confers resistance to quaternary ammonium compounds which are frequently used in sanitizers. Whole genome sequencing of the isolates allowed multi-locus sequence typing to be undertaken. The data indicated that the sequence types identified included those with disease-causing ability, highlighting the disease-causing potential of the isolates

    Social Justice Driven STEM Learning (STEMJ): A Curricular Framework for Teaching STEM in a Social Justice Driven, Urban, College Access Program.

    Get PDF
    This article presents the curricular framework for a social justice driven STEM curriculum (i.e., STEMJ) within an out-of-school time program for Boston Public high school students (i.e., College Bound) at Boston College. Starting with a discussion of the authors’ ideological positionality within critical social justice discourses, the authors share how Bronfenbrenner’s (1994) General Ecological Model provides a conceptual framework for operationalizing social justice inquiry with and through STEM. Positioning this curriculum within the College Bound program’s overall design gives readers a sense of how the program’s College and Career, Identity and Society, and STEMJ curriculums work in tandem to support the programs desired outcomes of students’ increased critical consciousness and college matriculation. Lessons learned and future directions are also included in acknowledgement of the necessity of ongoing reflection and adaptation to fulfill the program’s ambitious goals

    The Grizzly, November 18, 1996

    Get PDF
    Bears Beat Dickinson, Make NCAA Playoffs • Security and RLO Work Through Changes • Opinion: Question of Security; An Insider Throwing out a Line; One of Four Seasons; It\u27s All in Your Head • Concert and Jazz Bands to Perform • Jude: Hardy\u27s Novel Arrives in the Flesh • Bears Win Conference Championship To Make NCAA Playoffs!!! • Getz and Finnegan Receive Post-Season Honorshttps://digitalcommons.ursinus.edu/grizzlynews/1392/thumbnail.jp

    Impacts of climate change on plant diseases – opinions and trends

    Get PDF
    There has been a remarkable scientific output on the topic of how climate change is likely to affect plant diseases in the coming decades. This review addresses the need for review of this burgeoning literature by summarizing opinions of previous reviews and trends in recent studies on the impacts of climate change on plant health. Sudden Oak Death is used as an introductory case study: Californian forests could become even more susceptible to this emerging plant disease, if spring precipitations will be accompanied by warmer temperatures, although climate shifts may also affect the current synchronicity between host cambium activity and pathogen colonization rate. A summary of observed and predicted climate changes, as well as of direct effects of climate change on pathosystems, is provided. Prediction and management of climate change effects on plant health are complicated by indirect effects and the interactions with global change drivers. Uncertainty in models of plant disease development under climate change calls for a diversity of management strategies, from more participatory approaches to interdisciplinary science. Involvement of stakeholders and scientists from outside plant pathology shows the importance of trade-offs, for example in the land-sharing vs. sparing debate. Further research is needed on climate change and plant health in mountain, boreal, Mediterranean and tropical regions, with multiple climate change factors and scenarios (including our responses to it, e.g. the assisted migration of plants), in relation to endophytes, viruses and mycorrhiza, using long-term and large-scale datasets and considering various plant disease control methods
    corecore