773 research outputs found

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

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    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

    Get PDF
    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

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    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?

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    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

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    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

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    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

    An analysis of the role of midbrain dopamine systems in the suppression of tonic pain

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    It has been considered for some time that the activation of the midbrain ascending dopamine (DA) systems plays a role in the suppression of tonic or persistent pain. For instance, earlier work has shown that substance P (SP), a tachykinin neuropeptide released during pain and stress, acting in the midbrain induces analgesia in the formalin test for tonic pain. The present thesis explored in more depth the role of SP-DA interactions in the suppression of tonic pain, and examined whether the activation of midbrain DA neurons by endogeneous SP might be a mechanism underlying stress-induced analgesia. A first series of experiments were designed to examine the effects of agonists with different affinities for tachykinin NK-1 and NK-3 receptors in the formalin test for tonic pain and, for comparison, the tail-flick test for phasic pain, following infusions into either the ventral tegmental area (VTA) in the midbrain or nucleus accumbens (NAS) in the forebrain. Infusions into either the VTA or NAS of the NK-1 agonist, GR-73632, and the NK-3 agonist, senktide, induced analgesia in the formalin, but not the tail-flick test, suggesting that NK-1 and NK-3 receptors in the VTA and NAS are involved in mediating the inhibition of tonic pain. Pretreatment with the opioid receptor antagonist, naltrexone, did not attenuate the analgesic effects in the formalin test of intra-VTA or intra-NAS infusions of the SP analog, DiMe-C7, GR-73632, or senktide, suggesting that these effects are mediated independently from opioid mechanisms. The idea that exposure to stress inhibits tonic pain by causing, in part, the release of SP in the VTA was supported by the finding that intra-VTA pretreatment with the NK-1 selective receptor antagonist, RP 67580, blocks stress-induced analgesia in the formalin test. Another series of studies were designed to explore the possibility that enhanced DA transmission in the NAS mediates the inhibition of tonic pain. It was found in these studies that intra-NAS pretreatment with DA receptor antagonists attenuates analgesia induced by intra-VTA DiMe-C7, intra-VTA morphine, and intra-NAS amphetamine in the formalin test. It was also found that reduced DA release in midbrain ascending systems, induced by a low autoreceptor-specific dose of apomorphine, prevents the analgesic effect of intra-VTA morphine. The findings revealed throughout the present thesis suggest that part of a pain-suppression system that serves to inhibit tonic pain depends, at least in part, upon the activation of the DA neurons innervating the NAS, and that this pain-suppression system is naturally triggered by exposure to stress and/or pain, through the release of opioids and SP
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