Access to Justice and Corporate Accountability: A Legal Case Study of HudBay in Guatemala

This case study looks at the avenues open for addressing serious allegations of murder, rape and assault brought by indigenous Guatemalans against a Canadian mining company, HudBay Minerals. While first-generation legal and development policy reforms have facilitated foreign mining in Guatemala, second-generation reforms have failed to address effectively conflicts arising from the development projects. The judicial mechanisms available in Guatemala are difficult to access and suffer from problems of corruption and intimidation. Relevant corporate social responsibility policies and mechanisms lack the necessary enforcement powers. Canadian courts have been reluctant to permit lawsuits against Canadian parent companies; however, in Choc v. HudBay and Yaiguaje v. Chevron Corporation, Ontario judges have allowed cases to proceed on the merits of the case, providing an important, if limited, avenue toward corporate accountability

Accountability Across Borders: Mining in Guatemala and the Canadian Justice System

This paper has been updated and revised and is now available on ssrn as: Access to Justice and Corporate Accountability: A Legal Case Study of HudBay in Guatemala http://ssrn.com/abstract=2358981

Access to Justice and Corporate Accountability: A Legal Case Study of HudBay in Guatemala

This case study looks at the avenues open for addressing serious allegations of murder, rape and assault brought by indigenous Guatemalans against a Canadian mining company. While first generation law and development reforms have facilitated foreign mining in Guatemala, “second generation” reforms have not yet provided a meaningful way of addressing conflicts arising from the development projects. The judicial mechanisms available in Guatemala are difficult to access and suffer from problems of corruption and intimidation. The corporate social responsibility mechanisms applicable to the mining company cannot provide enforceable orders. Canadian courts have been reluctant to permit law suits against Canadian parent companies. However, in Choc v. HudBay, an Ontario judge has allowed a case to proceed to a full trial on the merits of the case, providing an important, albeit limited, avenue for corporate accountability

Senior Recital: Mike Ishmael, trombone

This recital is presented in partial fulfillment of the requirements for the degree Bachelor of Music in Music Education. Mr. Ishmael is a student of Richard Brady.https://digitalcommons.kennesaw.edu/musicprograms/1613/thumbnail.jp

El Sistema Judicial Canadiense Y La Empresa Minera Hudbay En Guatemala (The Canadian Justice System and Hudbay Minerals in Guatemala)

The English version of this article is available at: http://ssrn.com/abstract=2143679El presente es un estudio sobre la explotación minera en la región de El Estor, en Guatemala. Empresas mineras canadienses han operado en esta región desde los años 1960, cuando comunidades locales fueron desplazadas para crear una mina de níquel a cielo abierto. Desde entonces la mina se ha visto asociada con asesinatos, desplazamientos forzosos y presuntas violaciones. En estos momentos hay tres procesos judiciales abiertos contra la empresa HudBay Minerals, relacionados con su propiedad sobre la mina entre 2008 y 2011. HudBay y los demandantes exponen versiones radicalmente diferentes acerca de los asesinatos y las presuntas violaciones ocurridos en ese período. Dada la violencia practicada en Guatemala contra los líderes comunitarios que manifiestan preocupaciones sobre la minería, argumentamos en este trabajo que las cortes canadienses deberían actuar para establecer si debe exigirse a la HudBay la responsabilidad que corresponda.This is a Spanish translation of “Accountability Across Borders: Mining in Guatemala and the Canadian Justice System”, a case study of mining in the El Estor region of Guatemala. Canadian mines have operated in the region since the 1960s when local communities were removed to create an open pit nickel mine. Since then, the mine has been associated with assassinations, forced removals and alleged rapes. There are now three law suits pending against HudBay Minerals relating to their ownership of the mine between 2008 and 2011. HudBay and the claimants have strikingly different versions of the events surrounding the murders and alleged rapes. Given the nature of violence in Guatemala against community leaders who express concerns with mining, we argue that courts in Canada should take responsibility for determining whether or not HudBay bears some responsibility

Factors Affecting Quality of Life for Children with Asthma

BACKGROUND: In the U.S., asthma is the most common chronic illness in children under 18 years. An exploration of asthma admission rates in emergency departments indicated this was also the case for Southeast Georgia. Despite the availability of effective asthma treatments and interventions, asthma continues to severely impact children’s health-related QOL. PURPOSE: This exploratory study sought to assess quality of life (QOL) issues facing children with asthma and their caregivers. Specifically, this study aimed to 1) Determine the baseline QOL in children with asthma and their parents/caregivers, & 2) Determine what factors affect QOL for children with asthma and their caregivers. METHODS: This exploratory study employed a mixed-model design. Participants were recruited for a convenience sample from a large children’s hospital outpatient clinic in Southeast Georgia. Participants included children aged 7-17 with a diagnosis of asthma or reactive airway disease (N=104) and their parents/caregivers (N=104). Child participants completed the Paediatric Asthma Quality of Life Questionnaire (PAQLQ), a reliable and validated QOL questionnaire for childhood asthma focusing on the domains of activity limitations, emotional function, and an exploration of symptoms. Caregiver participants completed a demographics questionnaire and the Paediatric Asthma Caregiver’s Quality of Life Questionnaire (PACQLQ), a reliable and validated QOL questionnaire for caregivers of children with childhood asthma focusing on two domains, activity limitations and emotional function. Items in both the PAQLQ and PACQLQ questionnaires are rated on a 7-point scale, with higher scores indicating less impairment and lower scores indicating greater impairment to the domain under consideration. RESULTS & CLINICAL IMPLICATIONS: In addressing the first aim of this study, the results revealed that the baseline QOL for children with asthma and their caregivers was relatively high. In addressing the second aim of this study, the results of both the PAQLQ and the PACQLQ revealed that the most significant factor that affects the QOL of children with asthma is ED visits. The more ED visits reported, the greater the impairment to emotional function and physical activity. While the findings of this study demonstrate a positive baseline QOL, it is important to further investigate the specific impact of ED visits on QOL of children with asthma and their caregivers. An important clinical implication is that education on controlling asthma symptoms to prevent ED visits for both children and their caregivers may be of value to improve their QOL

Methods for Assessing the Impact of Fog Oil Smoke on Availability, Palatability, & Food Quality of Relevant Life Stages of Insects for Threatened and Endangered Species

A methodology for quantifying population dynamics and food source value of insect fauna in areas subjected to fog oil smoke was developed. Our approach employed an environmentally controlled re-circulating wind tunnel outfitted with a high-heat vaporization and re-condensation fog oil generator that has been shown to produce aerosols of comparable chemistry and droplet-size distribution as those of field releases of the smoke. This method provides reproducible exposures of insects under realistic climatic and environmental conditions to fog oil aerosols that duplicate chemical and droplet-size characteristics of field releases of the smoke. The responses measured take into account reduction in food sources due to death and to changes in availability of relevant life stages of insects that form the prey base for the listed Threatened and Endangered Species. The influence of key environmental factors, wind speed and canopy structure on these responses were characterized. Data generated using this method was used to develop response functions related to particle size, concentration, wind speed, and canopy structure that will allow military personnel to assess and manage impacts to endangered species from fog oil smoke used in military training

The Charles Lamb Bulletin 175 (Summer) 2022

The Summer Edition of the Charles and Mary Lamb Journal, The Charles Lamb Bulletin. There are articles by: Duncan Wu (Georgetown University); David Stewart (Northumbria University); Judith Thompson (Dalhousie University); Clay Daniel (University of Texas, Rio Grande Valley) and Valerie Purton (ARU). Reviews by: Paul Keen (Carleton University); Christopher Butcher (London); Sarah Burton; Crystal Biggin (University of Leicester); and Chloe Chard

Validation of a HLA-A2 tetramer flow cytometric method, IFNgamma real time RT-PCR, and IFNgamma ELISPOT for detection of immunologic response to gp100 and MelanA/MART-1 in melanoma patients

<p>Abstract</p> <p>Background</p> <p>HLA-A2 tetramer flow cytometry, IFNγ real time RT-PCR and IFNγ ELISPOT assays are commonly used as surrogate immunological endpoints for cancer immunotherapy. While these are often used as research assays to assess patient's immunologic response, assay validation is necessary to ensure reliable and reproducible results and enable more accurate data interpretation. Here we describe a rigorous validation approach for each of these assays prior to their use for clinical sample analysis.</p> <p>Methods</p> <p>Standard operating procedures for each assay were established. HLA-A2 (A*0201) tetramer assay specific for gp100_209(210M)and MART-1_26–35(27L), IFNγ real time RT-PCR and ELISPOT methods were validated using tumor infiltrating lymphocyte cell lines (TIL) isolated from HLA-A2 melanoma patients. TIL cells, specific for gp100 (TIL 1520) or MART-1 (TIL 1143 and TIL1235), were used alone or spiked into cryopreserved HLA-A2 PBMC from healthy subjects. TIL/PBMC were stimulated with peptides (gp100₂₀₉, gp100_pool, MART-1_27–35, or influenza-M1 and negative control peptide HIV) to further assess assay performance characteristics for real time RT-PCR and ELISPOT methods. Validation parameters included specificity, accuracy, precision, linearity of dilution, limit of detection (LOD) and limit of quantification (LOQ). In addition, distribution was established in normal HLA-A2 PBMC samples. Reference ranges for assay controls were established.</p> <p>Results</p> <p>The validation process demonstrated that the HLA-A2 tetramer, IFNγ real time RT-PCR, and IFNγ ELISPOT were highly specific for each antigen, with minimal cross-reactivity between gp100 and MelanA/MART-1. The assays were sensitive; detection could be achieved at as few as 1/4545–1/6667 cells by tetramer analysis, 1/50,000 cells by real time RT-PCR, and 1/10,000–1/20,000 by ELISPOT. The assays met criteria for precision with %CV < 20% (except ELISPOT using high PBMC numbers with %CV < 25%) although flow cytometric assays and cell based functional assays are known to have high assay variability. Most importantly, assays were demonstrated to be effective for their intended use. A positive IFNγ response (by RT-PCR and ELISPOT) to gp100 was demonstrated in PBMC from 3 melanoma patients. Another patient showed a positive MART-1 response measured by all 3 validated methods.</p> <p>Conclusion</p> <p>Our results demonstrated the tetramer flow cytometry assay, IFNγ real-time RT-PCR, and INFγ ELISPOT met validation criteria. Validation approaches provide a guide for others in the field to validate these and other similar assays for assessment of patient T cell response. These methods can be applied not only to cancer vaccines but to other therapeutic proteins as part of immunogenicity and safety analyses.</p