Dalhousie University
Schulich Scholars (Schulich School of Law, Dalhousie University)Not a member yet
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Spatial distribution and movement of Atlantic tarpon (Megalops atlanticus) in the northern Gulf of Mexico
Atlantic tarpon (Megalops atlanticus) are capable of long-distance migrations (hundreds of
kilometers) but also exhibit resident behaviors in estuarine and coastal habitats. The aim of
this study was to characterize the spatial distribution of juvenile tarpon and identify migration
pathways of adult tarpon in the northern Gulf of Mexico. Spatial distribution of juvenile tarpon
was investigated using gillnet data collected by Texas Parks and Wildlife Department
(TPWD) over the past four decades. Generalized additive models (GAMs) indicated that
salinity and water temperature played a significant role in tarpon presence, with tarpon
occurrences peaking in the fall and increasing over the past four decades in this region.
Adult tarpon caught off Texas (n = 40) and Louisiana (n = 4) were tagged with acoustic transmitters
to characterize spatial and temporal trends in their movements and migrations. Of
the 44 acoustic transmitters deployed, 18 of the individuals were detected (n = 16 west of
the Mississippi River Delta and n = 2 east of the Mississippi River Delta). Tarpon tagged
west of the Mississippi River Delta off Texas migrated south in the fall and winter into areas
of south Texas and potentially into Mexico, while individuals tagged east of the delta
migrated into Florida during the same time period, suggesting the presence of two unique
migratory contingents or subpopulations in this region. An improved understanding of the
habitat requirements and migratory patterns of tarpon inhabiting the Gulf of Mexico is critically
needed by resource managers to assess the vulnerability of each contingent to fishing
pressure, and this information will guide multi-state and multi-national conservation efforts
to rebuild and sustain tarpon populations
Senator Truan and wife Elvira Truan
Senator Truan poses for a photograph with his wife, Elvira (nee Munguia) Truan
Are we STEMming the non-STEM? - A three-article dissertation on non-STEM international graduate students
International students are an integral part of the higher education system in the United States. While most international students are traditionally enrolled in large public institutions, they are being recruited by regional-serving institutions (RSIs) for their revenue and the diversity they bring to the U.S. campuses. However, the smaller RSIs are unable to offer tailored collegiate support for the transition and development of international graduate students (IGS) like the large public institutions. The IGS enrolled in non-STEM (Science, Technology, Engineering, and Mathematics) fields further lack more customized support in their degree programs, as the STEM IGS receive. This three-article dissertation focuses on non-STEM IGS enrolled at an RSI located in South Texas. Using Schlossberg’s Transition Theory (1981), the first article sought to understand the collegiate experiences of non-STEM IGS. Six participants were recruited for this study, and found that before arriving in the U.S., international graduate students in non-STEM degree programs experienced a lack of support from recruiting agencies and institutions in the admission and application process. After arriving in the U.S., these students were unaware of the campus resources available to them. Findings also revealed that the non-STEM IGS felt alienated and lonely in their program and relied on faculty for support. Providing tailored financial and academic support to the non-STEM IGS at this RSI is recommended. The second article aimed to understand the faculty perspectives of non-STEM IGS at an RSI. Using Astin’s Student Involvement Theory (1984), this phenomenological study recruited 5 faculty members and found that faculty members faced challenges in adequately supporting non-STEM IGS within their programs. The findings indicated a lack of resources and training provided by the RSI, leaving faculty unprepared to address the specific needs of this student demographic, compounded by a perceived lack of familiarity with the unique challenges they face, including visa policies. Providing continued training and resources to the non-STEM faculty is recommended to prepare them to work with IGS in their programs. Using Schlossberg’s Transition Theory (1981) and Oberg’s Culture Shock Theory (1960), the third article utilized a case study approach to examine how the orientation materials support the transition efforts of non-STEM IGS. Publicly accessible institutional webpages, orientation-focused events, graduate student orientation materials, and student and program handbooks were reviewed using a content analysis approach for this study. Findings highlighted a lack of tailored resources and support for the non-STEM IGS in the orientation materials, along with an exclusion of important information pertaining to this student population in the orientation materials that may differ from their domestic counterparts. Ensuring these events offer unique orientation programming and tailored materials to the non-STEM IGS to support their transition efforts as they navigate culture shock, is strongly recommended. This three-article dissertation contributes to the existing literature on IGS in non-STEM degree programs at RSIs and offers practical implications for institutional leaders, faculty, staff, and international students themselves.Educational Leadership, Curriculum & InstructionCollege of Education and Human Developmen
The Rights and Obligations of Mod Creators in Canadian Videogame Law
This article explores the legal landscape for mod creators in the Canadian video game industry, examining their rights and obligations under Canadian copyright law and End User License Agreements (EULAs). With the growth of the industry, independent creators have increasingly contributed to game development through “mods,” which modify or enhance existing games. While these mods offer significant creative and commercial potential, they also pose legal challenges, particularly regarding copyright infringement and the enforceability of EULAs. The article evaluates relevant Canadian and U.S. case law, highlighting key differences and similarities, and discusses how these legal principles apply to mods. It also addresses the impact of artificial intelligence (AI) on mod creation, considering potential changes in copyright protection and legal interpretations of AI-generated content. Through this analysis, the article provides a comprehensive understanding of the complex legal environment mod creators navigate, offering insights into best practices for avoiding infringement and fostering innovation within the legal framework.
Cet article explore le paysage juridique des créateurs de mods dans l’industrie canadienne du jeu vidéo, en examinant leurs droits et obligations en vertu de la loi canadienne sur le droit d’auteur et des contrats de licence d’utilisateur final (CLUF). Avec la croissance de l’industrie, les créateurs indépendants ont de plus en plus contribué au développement de jeux par le biais de « mods », qui modifient ou améliorent les jeux existants. Bien que ces mods offrent un potentiel créatif et commercial important, ils posent également des défis juridiques, notamment en ce qui concerne la violation du droit d’auteur et l’applicabilité des CLUF. L’article évalue la jurisprudence canadienne et américaine pertinente, en soulignant les principales différences et similitudes, et explique comment ces principes juridiques s’appliquent aux mods. Il aborde également l’impact de l’intelligence artificielle (IA) sur la création de mods, en tenant compte des changements potentiels dans la protection du droit d’auteur et des interprétations juridiques du contenu généré par l’IA. Grâce à cette analyse, l’article offre une compréhension globale de l’environnement juridique complexe dans lequel évoluent les créateurs de mods, offrant un aperc¸ u des meilleures pratiques pour éviter les violations et favoriser l’innovation dans le cadre juridique
Rethinking the Pharmaceutical Knowledge- Economy: Patents, the TRIPS Agreement, and Skewed Utilitarianism in the Evolving Ideological Paradigms
The TRIPS Agreement introduced a unique globalized pharmaceutical patent economy. This article examines the social costs of this patent regime in low-income countries and makes three contributions. Firstly, it highlights how, in the early development of the patent system, nations perceived patents as privileges and displayed considerable reluctance in protecting pharmaceutical products and processes. This allowed net importers of technologies to replicate foreign innovations without the constraints of IP rights, and in some cases, invalidate unnecessary patents. However, this took a different turn towards the tail end of the 20th century when the patent norms and rules were harmonized and globalized. Secondly, the article argues that the new regime is rooted in what can be termed \u27skewed utilitarianism,’ as patent rights appear extensive while collective rights are undervalued, seemingly favouring specific stakeholders and neglecting distributional consequences for others. The new regime shields the patent system from principles of social justice and leads to adverse outcomes for vulnerable and impoverished populations. Lastly, the paper introduces a three-tier integrated framework as part of the reevaluation of the global patent dynamics. The framework involves an appreciation of the IP norm-making process, democratizing the norm-making process to allow broader representation, and centering ‘flexibility’ in the policymaking process
Un Ésprit Sérieux
It was a sunny day when we all met in a classroom at McGill University The gathering went on all day and at the end someone proposed writing up the discussion as essays. Hence, this collection.
I’d like to take a moment of gratitude to express heartfelt thanks to all the participants. And especially to Vincent Forray and Jean d’Aspremont for organizing the event, and to Genevieve Renard Painter and Liam McHugh-Russell for bringing this collection over the finish line. I don’t know whether the intellectual generosity of the participants was because of Canada, or Montreal, or McGill, or the Law School, or because of the people assembled in that room (though surely it must have been all the above to some degree). The gathering was what legal academia ought to be—people exploring ideas, thinking about possibilities, and reflecting on the professional contexts that shape their work. There was also a certain amount of play. The latter, play, is not required for academic thought, but it is essential to intellectual activity. Not frivolous play, but serious play. Without the ludic element and the freedom it implies, it’s all pretty much connect-the-dots, adjust the curves, fill in the blanks, and make sure that the disclaimers and burdens of persuasion are tight and tough
Melisa Marsman: Critical Race Analysis of Nova Scotia Land Titles Legislation
Join student editor, Gavin, as he sits down with Professor Melisa Marsman of the Schulich School of Law to discuss her forthcoming article, “Good Deeds? A Critical Race Analysis of the Nova Scotia Land Titles Clarification Act.” Gavin and Melisa discuss the title insecurity faced by African Nova Scotian communities, and examine Nova Scotia’s efforts on land titles clarification through the lens of interest-convergence theory
The Role of Pornography in the Rough Sex Defence in Canada
Drawing upon the authors’ earlier research studying the consent defence when it is used to suggest that the complainant agreed to “rough sex” involving violence, this paper develops an extended analysis of the complex role of pornography in these decisions. This paper focuses on a subset of “rough sex” cases, where pornography played a role in “scripting” the accused’s behaviour. Thematically, these cases included: those where the accused had a substantial history of consumption of violent pornography; cases in which the accused forced the complainant to view pornography as part of the assault; cases where the accused recorded the attack, engaging in the making of pornography themselves; and finally those cases where the airing of the “rough sex” defence in the courtroom, including cross-examination based on the re-playing of the recordings made by the accused, creates a “theatre of pornography.” The authors underline concerns about the growing role of pornography in sexual violence against women, and propose both legal and nonlegal strategies in response.
S’appuyant sur les recherches antérieures des auteurs qui étudient la défense de consentement lorsqu’elle est utilisée pour suggérer que la plaignante a accepté des « rapports sexuels brutaux » impliquant de la violence, cet article développe une analyse approfondie du rôle complexe de la pornographie dans ces décisions. L’article se concentre sur un sous-ensemble d’affaires de « sexe brutal », où la pornographie a joué un rôle dans la « scénarisation » du comportement de l’accusé. Sur le plan thématique, ces affaires comprennent : les cas où l’accusé a un lourd passé de consommation de pornographie violente; les cas où l’accusé a forcé la plaignante à regarder de la pornographie dans le cadre de l’agression; les cas où l’accusé a enregistré l’agression, se livrant lui-même à la production de pornographie; et enfin les cas où la présentation de la défense de « sexe brutal » dans la salle d’audience, y compris le contre-interrogatoire basé sur la relecture des enregistrements effectués par l’accusé, crée un « théâtre de la pornographie ». Les auteurs soulignent les préoccupations concernant le rôle croissant de la pornographie dans la violence sexuelle à l’égard des femmes et proposent des stratégies juridiques et non juridiques pour y répondre
Reforming Nova Scotia\u27s Secure Care Model: Gender Bias and Calls to Action
The following paper is a critical analysis of Nova Scotia’s secure care model which is legislated under ss. 55-56 of the Children and Family Services Act. Under these provisions, children who are in the care of the Minister of Community Services or Mi’kmaw Family & Children’s Services of Nova Scotia may be confined against their will at the Wood Street Centre in Truro, Nova Scotia. This paper makes two critical arguments. The first is that the legislation concerning secure care in this province is notably overbroad, leaving children who are in crisis vulnerable to being subjected to what is akin to a carceral sentence at Wood Street. The second is that girls and adolescent women are particularly vulnerable to being confined in this facility due to lingering paternalistic attitudes toward female behavior, sexual autonomy, and mental health. Upon my review of recorded secure treatment application hearings in Nova Scotia, I found that judicial comments and legal reasoning appeared to demonstrate a bias toward female youth when compared to their male counterparts. This paper ultimately urges law makers to consider the harmful impacts of secure treatment and argues that law reform for secure care in Nova Scotia is necessary to protect and already extremely vulnerable subset of our population
Deaf LeadHERship
This qualitative narrative study aimed to explore the experiences of Deaf women in leadership positions in Deaf centers, clubs, or organizations in the South Texas Region. Due to the lack of literature surrounding Deaf women in leadership, this study aimed to include the voices of Deaf women solely. This study also sought to explore the intersectionality of being a woman with a disability in a leadership role. An additional purpose of this research was to examine how the presence or absence of Deaf women leaders shaped the two participants’ own leadership experience and their identity as leaders. The qualitative methods used to explore these purposes were a semi-structured interview, a demographic profile, and an artistic artifact. The findings of this study were three overarching themes and ten subthemes. The theoretical frameworks that guided this study were feminist disability theory (Garland-Thomson, 2005) and role congruity theory (Eagly & Karau, 2002). The findings from this study supported the importance of the role intersectionality plays in one’s leadership identity. The participants’ leadership identity was equally impacted by their identities of being women of color and Deaf. It was also found that neither participant had the presence of a Deaf woman mentor; instead, they had Deaf or hearing men present as mentors. Due to this lack of Deaf woman mentorship, it was found that various emotions arose from the participants, such as burnout, humility, imposter syndrome, and a greater desire to maintain the ideal reputation. Due to the lack of a Deaf mentor present in the participants’ lives, both participants have taken extra steps to ensure that they can serve as mentors for their Deaf community.Educational Leadership, Curriculum & InstructionCollege of Education and Human Developmen