24 research outputs found
Book Review: Julie Vaillancourt, Ontario Works: Works for Whom - An Examination of Workfare in Ontario
Vaillancourt\u27s book is reviewed in the context of the Social Assistance Review in Ontario
Interviewing Adult Clients in Child Protection Matters: Advice for New Lawyers
Client interviewing is a cornerstone of lawyer-client relationships, particularly in often high-conflict child protection matters. This practical article focuses on the initial interview of adult clients involved in child protection matters. Part I sets out the social context of interviewing caregivers. Part II describes the theories of client-centred and engaged client-centred lawyering employed throughout the paper. Given the context and theory, Part III sets out four key stages of interviewing that may prove difficult for new lawyers: rapport-building, fact gathering, reality checking and concluding
Strengthening Social Justice in Informal Dispute Resolution Processes Through Cultural Competence
Professor Voyvodic’s call for cultural competence as an ethical requirement challenges perceptions of the legal profession as inherently and necessarily morally neutral. While lawyers wrestle with the boundaries of ethical mandates, alternative dispute resolution practitioners have adopted their own codes of ethics following very much in the path of the law. Although expanding dispute resolution options for disputants, many theorists have warned of the potential of informalism to undermine natural justice principals. I will argue that the choice to omit any explicit commitment to a social justice ethic leaves the practice of ADR vulnerable to these decades-old arguments that informalism erodes protections for marginalized populations. As such, I will argue that mediators must call for an explicit social justice mandate in their codes of conduct, training and practices to cement the place of informal processes as equitable – not just efficient – options for settlement. In doing so, informal processes, particularly mediation, may increase discourse in civil society about human rights, thus strengthening their congruence with lived realities of citizens
Framing Supervisory Relationships in Clinical Law: The Role of Critical Pedagogy
Clinical work in law offers important opportunities for students to learn critical, reflective and politicized approaches to legal identity and practice. Such an approach is most meaningful when it is engaged by supervising lawyers and social workers in a clinical placement. The authors of this article, the Academic Clinic Director and Executive Director of two Windsor-based clinic programs, offer context, perspective and examples of how critical pedagogy (influenced by, but distinct from, critical legal studies) provides a roadmap for supervising lawyers and the programs in which they work. The paper briefly sets the context of the authors\u27 teaching and practice. The authors then set out some of the interested parties in clinical legal education, including law schools, communities, students and clients. The paper concludes with ideas on how a clinical program might set out to strengthen critical pedagogy in the supervisory relationship
Submissions on Consultation paper on Racialized Licensees from the Equity and Diversity Committee, Faculty of Law University of Windsor
The Equity and Diversity Committee of the Faculty of Law derives its mandate from the Faculty Council of Windsor Law. The Committee was set up in 2010 to address equity and diversity related issues at Windsor Law. The Committee is delighted to read the LSUC’s Consultation paper on Developing Strategies for Change: Addressing Challenges Faced by Racialized Licensees (Consultation paper) and especially the strategies proposed in that report to change inequities entrenched in our legal profession
Mediation in Cases of Elder Abuse and Mistreatment: The Case of University of Windsor Mediation Services
Mediation in the case of elder abuse and mistreatment is increasingly employed in North America to resolve conflicts that disproportionately affect older adults. The attendant dangers of mediation in these cases require awareness of and sensitivity to issues facing older adults and their families, including elder abuse, ageism, and consent and capacity. This article charts the introductory stages of an elder mistreatment mediation project started through a law school-based mediation clinic. Responding to expressed local need, the project developed an Intake Guide that attempts to balance the autonomy of the older adult with safety screening. The model employs an interdisciplinary approach, with specialist social workers acting as advocates throughout the process. Lessons learned from the project include: the importance of training; the need for flexible and responsive approaches to mediation; the importance of a specialized intake and screening tool; the benefits of interdisciplinary, strengths-based approaches and the centrality of collaborative community relationships to ensure program sustainability
Considering Democracy and ADR: Diversity Based Practice in Public Collaborative Processes
This article critically examines emerging public participatory processes and rhetoric about their ability to increase participatory democracy. The author questions the assumption that participatory democracy is an adequate goal for North American democratic decision-making processes; rather, both government and ADR practitioners should consider the potential of diversity-based democratic theory to inform participatory processes. The author draws from several emerging democratic and ADR theories to form a series of recommendations to incorporate diversity-based practice, thus improving the quality of democratic participation
Lulling Ourselves into a False Sense of Competence: Learning Outcomes and Clinical Legal Education in Canada, the United States and Australia
Over the past several years, the regulation and accreditation of legal education in most common law jurisdictions is shifting significantly, with greater emphasis on ‘outcomes’ or ‘outputs’. In Canada, the Federation of Law Societies of Canada is entering more boldly into the approval and accreditation of law schools. In Australia, legal regulators are increasingly nationalizing their approach to legal education, and developing new ‘threshold learning outcomes’ for law schools. In the United States, the American Bar Association is shifting to a more outcomes-focused regulatory regime. The result of these accreditation processes is not entirely clear: however, most jurisdictions have set out their respective approaches in later-stage draft form, allowing an initial comparative view. While debate on regulation, accreditation and assessment in all three countries has been vigorous, a notable gap exists in discourse around the role of clinical legal education, particularly in Canada and Australia. This article then explores how clinical education fits either explicitly or implicitly in these accreditation schemes, focusing on the strengths and weaknesses of competency/outcome regulation from a clinical legal education perspective. Although there is potential for clinical legal education to be used as a ‘competency boot camp’, weakening the reflective, deep and integrative assessment approach that is the cornerstone of mature, ‘third wave’ clinical legal education, there is also potential for greater commitment to integration of clinical legal education into the law school curriculum more generally. This article then sets out the importance of curricular integration and self-assessment to realize the full potential of not only clinical legal education, but the aspirational vision of lawyering many hope to achieve
Effects of antiplatelet therapy on stroke risk by brain imaging features of intracerebral haemorrhage and cerebral small vessel diseases: subgroup analyses of the RESTART randomised, open-label trial
Background
Findings from the RESTART trial suggest that starting antiplatelet therapy might reduce the risk of recurrent symptomatic intracerebral haemorrhage compared with avoiding antiplatelet therapy. Brain imaging features of intracerebral haemorrhage and cerebral small vessel diseases (such as cerebral microbleeds) are associated with greater risks of recurrent intracerebral haemorrhage. We did subgroup analyses of the RESTART trial to explore whether these brain imaging features modify the effects of antiplatelet therapy
Transcription analysis of the myometrium of labouring and non-labouring women
An incomplete understanding of the molecular mechanisms that initiate normal human labour at term seriously hampers the development of effective ways to predict, prevent and treat disorders such as preterm labour. Appropriate analysis of large microarray experiments that compare gene expression in non-labouring and labouring gestational tissues is necessary to help bridge these gaps in our knowledge. In this work, gene expression in 48 (22 labouring, 26 non-labouring) lower-segment myometrial samples collected at Caesarean section were analysed using Illumina HT-12 v4.0 BeadChips. Normalised data were compared between labouring and non-labouring groups using traditional statistical methods and a novel network graph approach. We sought technical validation with quantitative real-time PCR, and biological replication through inverse variance-weighted meta-analysis with published microarray data. We have extended the list of genes suggested to be associated with labour: Compared to non-labouring samples, labouring samples showed apparent higher expression at 960 probes (949 genes) and apparent lower expression at 801 probes (789 genes) (absolute fold change ≥1.2, rank product percentage of false positive value (RP-PFP) <0.05). Although half of the women in the labouring group had received pharmaceutical treatment to induce or augment labour, sensitivity analysis suggested that this did not confound our results. In agreement with previous studies, functional analysis suggested that labour was characterised by an increase in the expression of inflammatory genes and network analysis suggested a strong neutrophil signature. Our analysis also suggested that labour is characterised by a decrease in the expression of muscle-specific processes, which has not been explicitly discussed previously. We validated these findings through the first formal meta-analysis of raw data from previous experiments and we hypothesise that this represents a change in the composition of myometrial tissue at labour. Further work will be necessary to reveal whether these results are solely due to leukocyte infiltration into the myometrium as a mechanism initiating labour, or in addition whether they also represent gene changes in the myocytes themselves. We have made all our data available at www.ebi.ac.uk/arrayexpress/ (accession number E-MTAB-3136) to facilitate progression of this work