134 research outputs found
Child and Caregiver Perspectives of a Combined Brain Stimulation and Constraint-Induced Movement Therapy Trial
No full textAbstract
Date Presented 3/31/2017
Novel interventions pairing noninvasive brain stimulation and rehabilitation are emerging for children with stroke. Feedback from pediatric clinical trial participants and caregivers is reviewed to guide future investigations and translation of novel interventions.
Primary Author and Speaker: Tonya Rich
Contributing Authors: Chao-Ying Chen, Timothy Feyma, Gregg Meekins, Marcie Ward, Linda E. Krach, Bernadette Gillick</jats:p
Statutory Heirs Apparent?: Reclaiming Copyright in the Age of Author-Controlled, Author-Benefiting Transfers
No full textWhat do musical artists Bob Dylan,1 Loretta Lynn,2 Bruce Springsteen, Kool and the Gang, 4 and original Village People member Victor Willis5 all have in common? During their lifetimes, these songwriters all successfully served notice of termination to transferees of their copyright interests in their musical compositions and reclaimed ownership of their copyrights. 6 In fact, Willis, author7 of the perennial karaoke hit YMCA, is the first living artist to successfully terminate the transfer of a post-1977 copyrighted musical composition under section 203 of the 1976 Copyright Act.8
Willis may have been the first, but since 2013 an increasing number of artists from all entertainment industry sectors have and will successfully serve notices and terminate transfers and licenses that were thought at the time of contract to be irrevocable and perpetual. 9 The list of successful artists includes the late Prince Rogers Nelson (aka Prince),\u27 ° who, after an infamous and legendary 18-year rights battle, reclaimed his music catalog from Warner Brothers beginning with his debut album released in 1978.11 This Article focuses on what has transpired since the 2013 termination window opened as termination controversies move from the boardroom to the courtroom. Owners of copyrighted works created on or after January 1, 1978, were first empowered to begin terminating any transfers of those works on January 1, 2013. Because Willis (and the others) reclaimed control of their respective copyright interests during their lifetimes, they are free to dispose of their copyrights, as intangible personal property, during their lifetime in any way they choose or they can exercise their testamentary freedom to transfer property at death. 12
[. . .]
In this Article, I focus on what has actually transpired since that trigger date. Specifically, I argue that Congress should treat certain lifetime gratuitous author transfers to ACAB business and nonprobate entities in the same way that transfers by will are treated. I assert that parity in the treatment of wills and will substitutes is necessary given the rise in importance and frequency of use by celebrities of those ACAB vehicles. I propose a statutory amendment to prevent Statutory Heirs from terminating the decedent author\u27s lifetime gratuitous transfers to best protect the author\u27s testamentary intent and valuable copyright ACAB transfers in the same way testamentary transfers are protected. Finally, I discuss post-1977 termination cases, which are just starting to make their way through the court system, to highlight the unintended consequences of Statutory Heir termination.
In Part I, I explore the legislative history and purpose of the transfer termination right to highlight why Congress added it in 1976 and why transfers made by will are not subject to termination. Further, I compare and contrast briefly pre-1978 (section 304) and post-1977 (section 203) termination rights.
In Part II, I explore the history and importance of testamentary freedom as an organizing principle of succession law.19 Additionally, I highlight the trend led by the drafters of the Uniform Probate Code to interpret succession laws expansively in order to glean and to honor testamentary intent. In this part, I also discuss the traditional limitations on testamentary freedom in favor of certain favored familial relationships like that of spouse and child, namely the elective share in common law states and pretermitted heir statutes.
In Part III, I examine the historical development and emergence of will substitutes in succession law.20 First, I identify and discuss the common types of will substitutes. Next, I focus more specifically on the types of nonprobate transfer vehicles typically involved in the entertainment industry that an artist might use to hold copyright interests and other intellectual property during their lifetimes and to transfer those same assets at the artist\u27s death. These types include self-settled trusts, private foundations, and asset protection trusts.
In Part IV, I examine the role and prevalence of celebrity loan-out companies and music publishing companies in the entertainment industry. Entertainers across entertainment sectors often set up loan out corporations as a way to protect their assets and secure certain tax benefits.21 Usually, the entertainer acts as an employee of the corporate entity and the entity enters into contracts with other businesses such as a production company. The company loans out the services of the actor to the production company and may also receive transfers of copyright interests and, after the entity is formed, acquire control of copyrights on a work-for-hire basis to insulate them from the termination right altogether. Music publishing companies are used to control and exploit songwriting copyrights. A songwriter\u27s music publishing company may also receive transfers initially and then own future copyrights created by the songwriter on a work-for-hire basis. ACAB transfers to these business entities are vulnerable to Statutory Heir termination.
In Part V, I analyze several ACAB transfer termination cases where heirs, who inherited the unexercised termination right, challenged a decedent\u27s copyright transfer into an author-created vehicle designed to pass copyright ownership (or the benefits that flow therefrom) to someone or some entity other than those heirs. To that end, I examine the facts and outcome of Ray Charles Foundation v. Robinson, the most prominent and recent case involving an analogous fact pattern. 22 Thereafter, I highlight several pre-1978 cases that interpret section 304. I use those cases to serve as a guidepost for how statutory heirs can effect termination in a way that is contrary to an author\u27s testamentary intent and to highlight how common it was under section 304 for an heir to challenge an author\u27s lifetime disposition of copyright assets and create an endrun around the author\u27s estate plans.
Finally, in Part VI, I offer ways to effectively reconcile the copyright succession rules to best balance an author\u27s lifetime and testamentary wishes with the policies underlying the government\u27s interest in protecting the welfare of author\u27s closest heirs if the author dies before having the opportunity to exercise his or her termination right.
For example, Congress could amend the Act to except from any transfer those that would qualify as author-benefiting transfers to author controlled vehicles or closely held corporate entities. This exception could be unlimited or limited to a certain time period from the date the author created the receiving ACAB entity
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Soul of the court ::the trailblazing life of Judge William Benson Bryant Sr. /
No full text"Legal legend Judge Louis F. Oberdorfer once stated that there were "only two people in the world who really understood the Constitution" and its impact on American lives. One was Hugo Black, deceased Supreme Court justice. The other was William Benson Bryant Sr. (1911-2005), who in the early 1950s became the first Black assistant US attorney to try cases in Washington, DC's federal court, and became that same court's first Black chief judge in 1977. Written by award-winning author Tonya Bolden, this biography presents the story of Bryant's remarkable, pioneering life in the law-one that began in a segregated DC and included many years as an extraordinary criminal defense attorney, most notably as the dogged defender of Andrew Mallory, a young poor Black man sentenced to the electric chair for the 1954 rape of a white woman. Bryant fought for Mallory's life all the way to the US Supreme Court, chiefly on the grounds that Mallory's confession-the most damning evidence against him-was the fruit of an illegal detention. The High Court overturned Mallory's conviction. Mallory v. United States was among the cases that culminated in the landmark 1966 Miranda rule. Appointed to federal judicial service by Lyndon B. Johnson in 1965, Bryant's forty-year tenure included cases ranging from overturning a corrupted election of the United Mine Workers and unconstitutional conditions at the DC jail. The biography draws upon an array of documents, newspaper articles, interviews with the judge's friends, colleagues, and family members, as well as oral histories, including Judge Bryant's. Bolden beautifully narrates the story of a life of compassion, unparalleled integrity, and unwavering belief in the dignity of every human being"-
Neuroblastoma: The basis for cure in limited‐resource settings
No full textBackground Neuroblastoma (NB) contributes the most to the mortality of childhood malignancies worldwide. The disease spectrum is heterogenous and the management complex and costly, especially in advanced disease or disease with adverse biology. In low- and middle-income countries (LMICs) the majority of NB presents in advanced stages. Therefore, with limited resources and poor prognosis the treatment of NB is often not a priority. The aim of the study was to evaluate the research activities and perceptions of the management of NB that determine the research and treatment approaches in LMICs. Methods Data were sourced from identifying NB trials open to LMIC. s on NB research presented at the International Society for Paediatric Oncology (SIOP) Congresses between 2014 and 2020 were evaluated according to income status. An online survey evaluating medical views on NB in LMICs and the effect on the management was conducted. Descriptive analysis was done. Where appropriate categorical association between covariates was assessed using the Pearson chi-square (chi(2)) test or Fishers exact test. Results There were 15/562 (2.7%) trials open to LMIC. Only six of 138 (4.3%) LMIC participated in NB trials. Of the 688 abstracts presented between 2014 and 2020 at the SIOP International Congress on NB as primary subject, 297 (42.7%) were from LMICs. Only two were from low-income countries (LICs). Sixty-one countries responded to the NB survey. Positive views towards NB management were present when treatment was based on a national protocol, the availability of trimodal or advanced treatment options were present, and when a balance of metastatic or local disease were treated. Conclusion Management of NB in LMICs should include increased advocacy and research as well as implementation of national management strategies.We appreciate the support offered by Profs Kate Matthey, Guillermo Chantada and Scott Howard on behalf of the Global Neuroblastoma Network, Profs Laila Heississen and Lorna Renner on behalf of SIOPAfrica, Dr Joyce Balagadde-Kambugu on behalf of POGEA in the distribution of the survey. Our gratitude extends to all the participants of the survey. Dr van Heerden, as staff member of the Department of Paediatric Haematology and Oncology, Antwerp University Hospital, University of Antwerp acknowledges theDepartment for Research Support as well as the vzw Kinderkankerfonds, Belgium for the initial research grants. We acknowledge the Spanish and French translation services done by Mr Jorge Luis Rentaria, Mr Steve Populaire and Mrs Gaelle DuFour.van Heerden, J (corresponding author), Stellenbosch Univ, Tygerberg Hosp, Dept Paediat & Child Hlth, Paediat Haematol & Oncol,Fac Med & Hlth Sci, Cape Town, South Africa.
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Watering
No full textPart of the Forces 2022 author and artist Publication Exhibition. Displayed from April 11-14, 2022.https://digitalcommons.collin.edu/forcesexhibition2022/1038/thumbnail.jp
Exploring cultural supports of academic and social needs of at-risk students in an alternative school: A single-case study
No full textUtilizing the Symbolic Cultural Theory as espoused by Deal and Kennedy (1982), Deal and Peterson (1999, 2016), Bolman and Deal (2003, 2013) and Harris (2005, 2015), this qualitative study explored how cultural symbols support academic and social needs of at-risk students in a selected alternative education setting. The study focused on the following elements of Symbolic Cultural Theory: vision and values; rituals and ceremonies; history and stories; architecture and artifacts; the cultural network; heroes and heroines; and special language. Purposeful sampling was used to select the alternative school and participants. Participants included students and staff associated with the school. Data were collected through interviews, observations, artifacts, and photographs. The review of literature outlines at-risk students’ academic and social issues, which include difficulties with fitting in and adjusting to traditional school settings, special learning needs, and the role alternative education plays to support students. Findings from the study indicate that cultural symbols supported students at the school both academically and socially. The culture was supported by the interconnectivity and hierarchy of the cultural symbols, with vision and values playing a dominant role. All symbols worked together in a unified manner and played a valuable role in supporting at-risk students at the alternative school. The study findings could provide knowledge for educators to better support at-risk students in their education
Moving toward holistic wellness, empowerment and self-determination for Indigenous peoples in Canada: can traditional Indigenous health care practices increase ownership over health and health care decisions?
No full textOBJECTIVES: This study aimed to understand the role that traditional Indigenous health care practices can play in increasing individual-level self-determination over health care and improving health outcomes for urban Indigenous peoples in Canada.
METHODS: This project took place in Vancouver, British Columbia and included the creation and delivery of holistic workshops to engage community members (n = 35) in learning about aspects of traditional health care practices. Short-term and intermediate outcomes were discussed through two gatherings involving focus groups and surveys. Data were transcribed, reviewed, thematically analyzed, and presented to the working group for validation.
RESULTS: When participants compared their experiences with traditional health care to western health care, they described barriers to care that they had experienced in accessing medical doctors (e.g., racism, mistrust), as well as the benefits of traditional healing (e.g., based on relationships, holistic approach). All participants also noted that they had increased ownership over their choices around, and access to, health care, inclusive of both western and traditional options. They stressed that increased access to traditional health care is crucial within urban settings.
CONCLUSIONS: Self-determination within Indigenous urban communities, and on a smaller scale, ownership for individuals, is a key determinant of health for Indigenous individuals and communities; this was made clear through the analysis of the research findings and is also supported within the literature. This research also demonstrates that access to traditional healing can enhance ownership for community members. These findings emphasize that there is a continued and growing need for support to aid urban Indigenous peoples in accessing traditional health care supports.Peer reviewedFinal article publishedIndigenous populationtraditional medicineself determinationholistic healt
Supermoms and bumbling dads: How do Mother's Day and Father's Day cards help perpetuate traditional roles in the home?
No full textThe chapter, "Supermoms and bumbling dads: How do Mother's Day and Father's Day cards help perpetuate traditional roles in the home?" was written by the listed authors including Alison M. Thomas (Douglas College Faculty). Life in Canada is marked, celebrated, enjoyed, and dreaded in ways that respond specifically to the seasons. Sociological thinking allows people to ask questions about things that may otherwise be taken for granted. Thinking about the seasons sociologically opens up a unique perspective for studying and understanding social life. Each chapter in this collection approaches the seasons and the passage of time as a way to explore issues of sociological interest. The authors use seasonality as a device that can bridge, in fascinating ways, small-scale interpersonal interactions and large formal institutional structures. These contemporary, Canadian case studies are wide-ranging and include analyses of pumpkin spice lattes, policing in schools, law and colonialism, summer cottages, seasonal affective disorder, New Year’s resolutions, Vaisakhi celebrations, and more. Seasonal Sociology offers provocative new ways of thinking about the nature of our collective lives. --From publisher description.book chapterPublished
A descriptive study of the attitudes toward death and dying among Vietnam combat veterans diagnosed with post-traumatic stress disorder, 1998
No full textThis study examined the relationship between the attitudes about death and dying among Vietnam veterans who are diagnosed with post-traumatic stress disorder. Essentially, does post-traumatic stress disorder have an impact upon their personal attitudes toward their own death? An original questionnaire was administered to examine the attitudes of the participants toward death and dying. The descriptive research design was utilized in this study to examine whether there was a significant relationship between the attitudes toward death and dying among Vietnam combat veterans diagnosed with post-traumatic stress disorder. The sample in this study was thirty Vietnam combat veterans who are diagnosed with post-traumatic stress disorder, who currently receive readjustment counseling at the Atlanta Vet Center in Atlanta, Georgia. The hypothesis indicated that there will be no statistically significant relationship between the Vietnam combat veterans' experiences of post-traumatic stress disorder and their attitudes toward death and dying. The researcher's original survey instrument, Attitude Toward Death and Dying Scale (ATDADS) was utilized to obtain the Vietnam combat veterans' experiences of post-traumatic stress disorder and their attitudes towards death and dying. Findings indicated that there is a statistically significant relationship between post-traumatic stress disorder and the Vietnam combat veterans' attitudes toward death and dying. The conclusion drawn from this study demonstrated that it is imperative to address the bereavement needs of Vietnam combat veterans diagnosed with post-traumatic stress disorder
Sharing our wisdom: a holistic aboriginal health initiative
No full textColonization has had a profound effect on Aboriginal people’s health and the deterioration of traditional Aboriginal healthcare systems. Health problems among Aboriginal people are increasing at an alarming pace, while recovery from these problems tends to be poorer than among other Canadians. Aboriginal people residing in urban settings, while maintaining strong cultural orientations, also face challenges in finding mentors, role models, and cultural services, all of which are key determinants of health. Using a participatory action framework, this study focused on understanding and describing Aboriginal traditional healing methods as viable approaches to improve health outcomes in an urban Aboriginal community. This research investigated the following questions: (a) Do traditional Aboriginal health practices provide a more meaningful way of addressing health strategies for Aboriginal people? (b) How does participation in health circles, based on Aboriginal traditional knowledge, impact the health of urban Aboriginal people? Community members who participated in this project emphasized the value of a cultural approach to health and wellness. The project provided a land-based cultural introduction to being of nə́c̓aʔmat tə šxʷqʷeləwən ct (one heart, one mind) and learning ways of respectful listening xwna:mstəm (witness) tə slaχen (medicines) (listen to the medicine), through a series of seven health circles. The circles, developed by Aboriginal knowledge keepers, fostered a healthy sense of identity for participants and demonstrated the ways of cultural belonging and community. Participants acknowledged that attending the health circles improved not only their physical health, but also their mental, emotional, and spiritual health.Peer reviewedFinal article publishedtraditional Aboriginal health practicesholistic healthtraditional Aboriginal knowledgehealth inequityhealth outcomescommunity-based healingparticipatory action researchurban Aboriginal healt
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