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Each year, government contracting programs dole out tens of billions of dollars to businesses that meet certain racial criteria. For example, in 2023, the State of Wisconsin spent over $200 [...]

In much of the American West, water districts dominate water governance. These districts serve vitally important functions in regions challenged by aridity, growing populations, and climate change. These districts also often operate within boundaries developed a century ago, or more, and under governing rules that are undemocratic by design. In many water districts, people who do not own land cannot serve on the governing board. Nor can they vote in water district elections. Not surprisingly, given their composition and power, water districts often thwart efforts to modernize and bring equity to water management. This Article describes these problems. Drawing on original data and mapping, it shows how pervasive these undemocratic governance structures can be and how water districts with these structures are expanding their reach into new policy realms. It also explains continued problems with the geography of water districts. And it shows how some water districts have acted to thwart important state policy interests and why such conflicts are likely to increase. This Article also explains how state governments can respond. It advocates a shift from impact litigation--which earlier generations of lawyers tried to use, largely unsuccessfully--to legislative activity. It explains specific steps state legislatures can take to reform water district governance structures, reset boundaries, and address districts that persistently undermine state policy goals. More generally, it explains how different governance frameworks can replace states' current hands-off approach to water district oversight., ARTICLE CONTENTS INTRODUCTION 3 I. THE EMERGENCE OF WATER DISTRICTS 10 A. Origins and Functions 13 B. Challenges to Water Districts 22 II. PROBLEMS WITH WATER DISTRICTS 29 A. Democracy [...]

Common ground isn't always a good thing. For example, consider the growing popularity of 'predistribution.' Predistribution is an alternative to redistribution: rather than taxing people's incomes and spending the revenue [...]

Traditionally, administrative law cases don't make news. Instead, they make snooze. They can be exciting to a relatively small circle of 'ad. law nerds,' as we're affectionately called, but they're [...]

I. INTRODUCTION The growing number of encampments in cities across Canada is a glaring symptom of the deepening national housing crisis. (1) It is also a human rights crisis. Cities [...]

I. INTRODUCTION 'Believe me, it is a Divine thing to lend...' (1) The CCAA is the primary formal mechanism for resolving complex corporate insolvencies in Canada. (2) The process of [...]

I. SECTION 9 AND THE ROAD NOT YET TRAVELLED Section 9 of the Canadian Charter of Rights and Freedoms provides that '[e]veryone has the right not to be arbitrarily detained [...]

I. INTRODUCTION The Supreme Court's decisions in the companion cases of Canada (Minister of Citizenship and Immigration) v Vavilov (1) and Bell Canada v Canada (Attorney General) (2) were intended [...]

I. INTRODUCTION Under the Canadian sexual assault regime, a defendant can be exculpated on the basis of the common law defence that they held an honest but mistaken belief that [...]

I. INTRODUCTION The following is a true story about Maree (1) who lives in BC where she was flagged on a Police Information Check with Vulnerable Sector Screening (PIC-VS): Maree [...]

Recent political earthquakes such as the assassination attempt against former president Donald Trump and President Joe Biden's withdrawal from the 2024 campaign quickly overshadowed the various court proceedings involving the [...]

A review of DENNIS HALE AND MARC LANDY, KEEPING THE REPUBLIC: A DEFENSE OF AMERICAN CONSTITUTIONALISM (2024) Keeping the Republic: A Defense of American Constitutionalism defends the Constitution against historical [...]

The Supreme Court's 1947 incorporation of the Establishment Clause (1) through the Due Process Clause of the Fourteenth Amendment in Everson v. Board of Education of Ewing (2) continues to [...]

Copyright of Retos: Nuevas Perspectivas de Educación Física, Deporte y Recreación is the property of Federacion Espanola de Asociaciones de Docentes de Educacion Fisica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Neurofeedback is a brain-training technique that continues to develop via ongoing innovations, and that has broadening potential impact. Once confined primarily to clinical and research settings, it is increasingly being used in the general population. Such development raises concerns about the current regulatory mechanisms and their adequacy in protecting patterns of economic and political decision-making from the novel technology. As studies have found neurofeedback to change subjects' preferences and mental associations covertly, there is a possibility it will be abused for political and commercial gains. Current regulatory practices (including disclaimer requirements, unfair and deceptive trade practice statutes and undue influence law) may be avenues from which to regulate neurofeedback influence. They are, however, limited. Regulating neurofeedback will face the line-drawing problem of determining when it induces an unacceptable level of influence. We suggest experiments that will clarify how the parameters of neurofeedback training affect its level of influence. In addition, we assert that the reactive nature of the traditional models of regulation will be inadequate against this and other rapidly transforming technologies. An integrated and proactive regulatory system designed for flexibility must be adopted to protect society in this era of modern technological advancement. This article is part of the theme issue 'Neurofeedback: new territories and neurocognitive mechanisms of endogenous neuromodulation'. [ABSTRACT FROM AUTHOR]

We have a reason to value the Uniform Determination of Death Act (UDDA). Since enactment, the UDDA has been of paramount importance to US citizens, families of comatose patients, and the health care professionals who care for them. The UDDA sets forth two standards for determining death and leaves to the medical community to elaborate criteria by which physicians can determine when those standards have been met. Neurologists and neurocritical care experts always have been center stage in this effort. Perfectly established, why change it? What ignited the recent review of the UDDA were lawsuits questioning medical (neurological) authority leading to the wording and accuracy of the UDDA being revisited. The major objections to the language of the UDDA by several groups led a committee appointed by the Uniform Law Commission to consider several substantial changes in the Act. After several years of discussion without reaching a consensus, the committee's chair suspended the effort. Upending the UDDA will lead to a legal crisis and confusion across the states. We present our main arguments against revising this statute and argue that the committee's failure to revise the UDDA should actually be seen as a necessary success. [ABSTRACT FROM AUTHOR]

The purpose of the paper is to explore social works practice response to sexual violence and the impact of victim blaming narratives for sex workers. Using a feminist standpoint epistemology, in keeping with an interpretivist/feminist qualitative framework, we critically explore the oppressive structures which impact on service users′ lives. Data collection consisted of interviews with 15 female sex workers in the Republic of Ireland. In locating sex workers experiences, we set out the argument that social work practice is complicit in victim blaming narratives in response to sexual violence. Themes emerging from the data to support this claim are (1) victim blaming perspectives for sex workers (2) reporting sexual violence to authorities, and (3) impact of the Law. By using the Irish standpoint, and the 2017 Criminal Law (Sexual Offences) Act, where sex work activities remain subject to penal measures our paper provides conclusive evidence which calls into question social works response to sexual violence. We argue for a revised social work response to sexual violence which includes a critical examination of ′victim blaming′ narratives and the current legislative process which inform their practice. [ABSTRACT FROM AUTHOR]

Objectives: Assess the acceptability of and self-reported behavioral change from participation in a sexual assault prevention intervention on a U.S. university campus. Participants: Thirty-one undergraduate students who identified as women and opted-in to participating in both the intervention and research. Methods: In-depth interviews and written reflections were collected. Analysis was thematic with three investigators coding and reaching consensus. Results: The EAAA program was well-liked by most participants, with positive behavior changes reported. Five key themes reflecting strengths of EAAA were identified, including improved verbal communication, reduced sexual assault myths, empowerment, recognizing and responding to danger cues, and learning about healthy sexuality. Three key themes reflecting challenges were identified, including time commitment, use of outdated program materials, and a single gender focus. Conclusions: EAAA translates well, with a few adaptations, to a residential campus environment in the U.S. Research is needed to assess program effectiveness in reducing sexual assault. [ABSTRACT FROM AUTHOR]

• The medico-legal environment is recognised as a factor influencing the decision of medical students to pursue a career in gynecology and obstetrics. • Fears of being sued, being the subject of a complaint to the regulatory body, and potential criminal prosecution were reported. • Understanding the impact of the current environment is important from a policy perspective particularly in relation to recruitment and retention. Medico-legal and regulatory culture has a significant impact on medical practitioners, including the decision of graduates to enter high-risk specialties. This study explores the impact of the current medico-legal and regulatory culture in Ireland on the decision of graduate entry medical students to enter one high risk specialty, obstetrics and gynecology. We conducted a survey of 146 final-year, graduate-entry medical students pre- and post- a 6-week rotation in obstetrics and gynecology in Ireland. Participants were asked to rate the influence (on a four-point scale) of factors such as fear of being sued, being reported to the regulatory body or criminal prosecution on their decision to pursue a career in obstetrics or gynaecology. Data were matched pre- and post-rotation and McNemar-Bowker's test was used to test for differences in related data. All analysis was conducted using SPSS for Windows version 25. The responses of 72 students to both questionnaires could be matched (response rate 49.3%). The majority of participants pre-rotation reported that fear of being sued (74%), fear of being reported to the regulatory body (70%) and fear of criminal prosecution (55%) were factors influencing their decision (somewhat or to a great extent) to pursue a career in obstetrics. There were no significant changes post-rotation. Compared to obstetrics, lower proportions of participants pre-rotation considered fear of being sued (54%), fear of being reported to the regulatory body (50%) and fear of criminal prosecution (40%) as factors influencing their decision to pursue a career in gynecology. There were no significant changes post-rotation. Medico-legal and regulatory culture is shaping the perceptions of graduate entry medical students of obstetrics and gynecology and influencing their decision to pursue a career in the speciality. Understanding the impact of medico-legal culture on career choices including a high-risk specialty such as obstetrics and gynecology is important from both a policy and reform context, and if the healthcare service is to recruit and retain adequate numbers to ensure the safe provision of healthcare. [ABSTRACT FROM AUTHOR]

The covid-19 pandemic, and in particular, the rise in pet ownership, the greater focus on home-life during lockdowns and the normalisation of hybrid-working conditions post-pandemic, has shed light on an under-researched area of law that affects millions of people across the world: the use of 'no pet' covenants in private rental housing. This article identifies the prevalence of 'no pet' covenants as a socio-legal problem that is of global significance. It assesses the legal regulation of pets in private rental housing through a Harm Assessment approach that has global application. A Harm Assessment approach balances harms to various stakeholders in both the use and restriction of 'no pet' covenants. In countries that have no legal regulation of pets in housing it can be used to assess the need for legislation. This approach considers the character, magnitude and likelihood of the harm, something which has had little consideration to date. Drawing, by analogy, on the work of Feinberg and his analysis of harm within the context of the legitimacy of state interference with individual liberty, this article adapts his theory of harm to assess the need for legal regulation of pets in rental housing. The legitimacy of a Harm Assessment approach is supported by the existing literature on 'no pet' covenants, from which the dominant theme of harm emerges. Identifying and weighting the types of harm to be balanced varies depending on cultural, religious and geographic considerations and further research is needed to better understand the harms in different countries. [ABSTRACT FROM AUTHOR]

Emotion is inherent in our everyday use and ownership of property. It may drive neighbours to litigate a boundary dispute in the courts, or a first-time buyer to purchase a home that significantly exceeds her budget. It can even be seen in the delight that a child experiences when she is given a gift for her birthday. Despite this, there is relatively little scholarship on the connection between law, emotions and property theory, and this article aims to address that gap in the knowledge. Drawing on the common law tradition, it analyses different social, spatial, and material conceptions of property to explain how emotion may affect property relations, as well as the way that property may cause a person to experience particular feelings, such as anger, sadness, happiness, frustration, envy and jealousy. It argues that emotion and property law cannot be separated easily, and instead, they should be regarded as being mutually constitutive and in an ongoing dialectical relationship. For that reason, this article concludes that more attention must be given to the role of emotion in shaping property relations by lawyers, academics, and policymakers, and how this can be reflected in the design and implementation of law. [ABSTRACT FROM AUTHOR]