Legal education in crisis: healing and humanizing Canadian law schools /

Western law schools are suffering from an identity and moral crisis. Many of the legal profession's problems can be traced to the law school environment, where students are taught to reason and practice in ways that are often at odds with their own personalities and values and even with generally accepted psychologically healthy practices. The idealism, ethic of care, and personal moral compasses of many students become eroded and even lost in the present legal education system. Formalism, rationalism, elitism, and big business values have become paramount. In such a moment of historical crisis, there exists the opportunity to create a new legal education story. This paper is a conceptual study of both my own Canadian legal education and the general legal education experience. It examines core problems and critiques of the existing Western legal education organizational and pedagogical paradigm to which Canadian law schools adhere. New approaches with the potential to enrich, humanize, and heal the Canadian law school experience are explored. Ultimately, the paper proposes a legal education system that is more interdisciplinary, theoretically and practically integrated, emotionally intelligent, technologically connected, morally accountable, spiritual, and humane. Specific pedagogical and curricular strategies are suggested, and recommendations for the future are offered. The dehumanizing aspects of the law school experience in Canada have rarely been studied. It is hoped that this thesis will fill a gap in the research and provide some insight into an issue that is of both academic and public importance, since the well-being of law students and lawyers affects the interests of their clients, the general public, and the integrity and future of the entire legal system.

Learning experience and identity development as a research assistant /

What research learning experiences do current students have as research assistants (RAs) in the Faculty of Education at Brock University? How do the experiences of research assistants contribute to the formation of a researcher identity and influence future research plans? Despite the importance of these questions, there seems to be very little research conducted or written about the experiences of research assistants as they engage in the research process. There are few resources to which research assistants or their advisors can refer regarding graduate student research learning experiences. The purpose of this study was to understand the kinds of learning experiences that 4 RAs (who are enrolled in the Faculty of Education at Brock University, St. Catharines, Ontario) have and how those experiences contribute to their identities as researchers. Through interviews with participants, observations of participants, and textual documents produced by participants, I have (a) discovered what 4 RAs have learned while engaged in one or more research assistantships and (b) explored how these 4 RAs' experiences have shaped their identities as new researchers. My research design provided a separate case study for each participant RA, including myself as a research participant. Then as a collective, I studied all 4 cases as a case study in itself in the form of a cross-analysis to identify similarities and differences between cases. Using a variety of writing forms and visual narratives, I analyzed and interpreted the experiences of my participants utilizing arts-based literature to inform my analysis and thesis format. The final presentation includes electronic diagrams, models, poetry, a newsletter, a website presentation, and other representational arts-based forms.This thesis is a resource for current and future research assistants who can learn from the research assistant experiences presented in the research. Faculty members who hire research assistants to assist them with their research will also benefit from reading about RAs' learning experiences from the RAs' perspective. The information provided in this thesis document is a resource to inform future policies and research training initiatives in faculty departments and offices at universities. Consequently, this thesis also informs researchers (experienced and inexperienced) about how to conduct research in ways that benefit all parties and provide insight into potential ways to improve research assistantship practices.

The neo-liberal state and the crisis of public service broadcasting in the Anglo-American democracies /

The NeO'liberal State and the Crisis ofPublic Service Broadcasting in the Anglo-American Democracies The purpose ofthis analysis ofthe present condition ofpublic service broadcasting in the Anglo- American democracies was to investigate whether such media can still be regarded as the primarypublic spherefor a dialogue between each nation 's civil society and the State. The motivationfor this thesis was based on a presumption that such fora for public discussion on the central issues of each society have become viewed as less relevant bypoliticians andpolicy-makers and thepublics they were intended to serve in the Anglo-American democracies over thepast two decades. It is speculated that this is the case because ofa beliefthat the post-war consensus between the respective States andpublics that led to the construction of the Keynesian Welfare State and the notion ofpublic service broadcasting has been displaced by an individualistic, neo-liberal, laissez-faire ideology. In other words, broadcasting as a consumer-oriented, commercial commodity has superseded concerns pertaining to the importance ofthe public interest. The methodology employed in this thesis is a comparative analysisfrom a criticalpolitical economy perspective. It was considered appropriate to focus on the United Kingdom, Australia, Canada and the\ United States because they comprise the four largest Anglo-American nations with democratic political systems andprimarily market economies. Justificationfor this particular sample is reinforced by thefact that case study countries also share a common socio-political and economic tradition. The evidence assembledfor this thesis consisted almost exclusively ofexisting literature on the subjects ofpublic service broadcasting, global economic andpolitical integration, and the ascendance ofthe 'free-market ' ethos in Western democracies since the late mid- to late-1970s. In essence, this thesis could be considered as a reinterpretation ofthe existing literature relevant to these issues. Several important common features werefound among the political, economic and broadcasting systems of the four case study nations. It is proposed that the prevalence of the neo-liberal world view throughout the political and policy environments of the four countries has undermined the stability and credibility of each nation 's national public service broadcasting organization, although with varying intensity and effect,. Deregulation ofeach nation 's broadcasting system and the supremacy ofthe notion of 'consumer sovereignty' have marginalized the view of broadcasting on any basis other than strictly economic criteria in thefour case study countries. This thesis concludes that,for a reconstruction ofa trulyparticipatory anddemocraticpublicsphere to be realized in the present as well as thefuture, a reassessment ofthe conventional concept ofthe 'public sphere ' is necessary. Therefore, it is recommended that thefocus ofpolicy-makers in each Anglo-American democracy be redirectedfrom that which conceived ofan all-encompassing, large, state-ownedand operated public broadcasting service toward a view which considers alternativeforms ofpublic communication, such as local community and ethnic broadcasting operations, that are likely to be more responsive to the needs of the increasingly diverse and heterogeneous populations that comprise the modem Anglo-American democracies. The traditional conception of public broadcasters must change in accordance with its contemporary environment if the fundamental principles of the public sphere and public service broadcasting are to be realized.

Moral identity, youth engagement, and discussions with parents and peers /

The strength of adolescents' moral identity was examined in relation to their sense of social responsibility, frequency of community engagement, and interactions with parents and friends. Participants were 191 applicants to national youth conferences, ranging in age from 14-19, who completed a 40-minute survey. 76% of the participants were female. Social responsibility, community engagement, and discussion with parents and friends were measured using self-report questionnaires. Participants also reported on the importance of various values to themselves, their parents, and their friends, which were used to create an index of the degree of disagreement between the youth and their parents and friends. In addition, participants provided self-descriptions, which were used to measure moral identity with both a coding scheme and a ratings measure. Moral identity as measured by coding was not related to social responsibility, community engagement, or any other study variables, and thus did not appear to be a valid measure of moral identity. However, moral identity as measured by ratings was related to both social responsibility and community engagement, and thus appeared to be a valid measure. Neither disagreement nor discussion with friends was related to moral identity. However, disagreement with parents was positively related to moral identity ratings, and for girls only was negatively related to social responsibility. Furthermore, discussion with parents was positively related to moral identity for boys only. The hypothesis predicting a mediational model was not supported. Results were discussed in terms of theoretical positions on the role of parents and friends in children's moral development and suggestions for ftiture research were made.

The implications of being an international medical graduate (IMG) in Canadian society : a qualitative study of foreign-trained physicians' resettlement, sense of identity and health status

This qualitative research study used grounded theory methodology to explore the settlement experiences and changes in professional identity, self esteem and health status of foreign-trained physicians (FTPs) who resettled in Canada and were not able to practice their profession. Seventeen foreign-trained physicians completed a pre-survey and rated their health status, quality of life, self esteem and stress before and after coming to Canada. They also rated changes in their experiences of violence and trauma, inclusion and belonging, and racism and discrimination. Eight FTPs from the survey sample were interviewed in semi-structured qualitative interviews to explore their experiences with the loss of their professional medical identities and attempts to regain them during resettlement. This study found that without their medical license and identity, this group of FTPs could not fully restore their professional, social, and economic status and this affected their self esteem and health status. The core theme of the loss of professional identity and attempts to regain it while being underemployed were connected with the multifaceted challenges of resettlement which created experiences of lowered selfesteem, and increased stress, anxiety and depression. They identified the re-licensing process (cost, time, energy, few residency positions, and low success rate) as the major barrier to a full and successful settlement and re-establishment of their identities. Grounded research was used to develop General Resettlement Process Model and a Physician Re-licensing Model outlining the tasks and steps for the successfiil general resettlement of all newcomers to Canada with additional process steps to be accomplished by foreign-trained physicians. Maslow's Theory of Needs was expanded to include the re-establishment of professional identity for this group to re-establish levels of safety, security, belonging, self-esteem and self-actualization. Foreign-trained physicians had established prior professional medical identities, self-esteem, recognition, social status, purpose and meaning and bring needed human capital and skills to Canada. However, without identifying and addressing the barriers to their full inclusion in Canadian society, the health of this population may deteriorate and the health system of the host country may miss out on their needed contributions.

Exploring exploration : career identity development and temperment /

Career identity exploration is a central component of the lives of undergraduate university students. Although students are encouraged to explore, it is unclear whether different methods of exploration are better suited for certain individuals. In the present study, quantitative data were collected to examine the relationship between shyness and various methods of exploration. Two hundred fifty-seven university undergraduate students (29 male), ranging in age from 17-25 years completed a 60-minute self-report questionnaire. Shyness, identity, identity distress, subjective dimensions of exploration (satisfaction with exploration, reasons for not exploring, helpfulness of exploration methods), foci of exploration (non-social, social, self, and environmental), approaches to exploration (breadth, depth), and moderating variables (social support, sociability) were measured. Shyness was positively correlated with moratorium (high exploration, low commitment) and uncorrelated with the other identity statuses. Shyness was also positively correlated with identity distress, and a predicted interaction between shyness and identity diffusion predicting career identity distress was supported. Shyness was negatively correlated with satisfaction with amount of exploration engaged in to-date. In addition, shyness was correlated with the likelihood of selecting too stressful and too anxiety provoking as reasons for engaging in less exploration than one would like. Expected relationships between shyness and beliefs about, and engagement in, various methods of exploration were largely non-significant. Exceptions to this were the negative correlations between shyness and engagement in social exploration, and beliefs about the helpfulness of social self-exploration, both of which were significant at a trend level. A predicted interaction between shyness and social support predicting total social exploration was supported, showing that high social support buffers the negative relationship between shyness and exploration; such a moderating relationship did not exist, however, between sociability, shyness and social exploration. Results suggest that although shy university students are engaged in career exploration, they are experiencing feelings of distress and dissatisfaction with their career identity exploration and development. Thus, to help shy students become successfiil in their exploration, it is important for counsellors, family members, and peers to be aware of the feelings the individuals are experiencing and help them reduce the anxiety and stress associated with the exploration process. One promising method, supported by the results in this study, is by encouraging shy individuals to explore with social support.

The backwoods of our backyards : Ontario pioneers and the crisis of ecology /

Early in his landmark ecocritical book The Comedy of Survival, Joseph Meeker develops an intriguing hypothesis about human behaviour. He remarks the species Homo sapiens tend to behave like an invasive or pioneering organism, entering a bio-geographical region and aggressively outcompeting all other species for space and resources. Moreover, he suggests, human cultural traditions, at least in the West, have reinforced such behaviour, continually insisting that the impulses he describes are both necessary and right. While Meeker's work goes on to assess a number of literary works in both the tragic and comic modes, his work never fully explores this hypothesis in the context of human pioneers; that is, there is no ~xploration o( how these themes manifest themselves within our culture and what role they might play in the culture of specific pioneering groups. This project is an attempt at just such an analysis, examining the validity of Meeker's hypothesis through a case study of settler literature in Upper Canada/Ontario between the . years 1800-1867. It explores Meeker's work within three main areas: first, Chapter Two situates his book historically within the field of ecocriticism, showing what came before and the explosion of ecocritical inquiry that followed its release. This chapter also delves into the rift between the natural sciences and humanities, arguing that a move towards deeper interdisciplinarity is r:tecessary for the future. Chapter Three examines the biological and ecological ground on which Meeker rests his hypothesis through exploring evolutionary biology as well as invasive and pioneer species behaviour. Lastly, Chapter Four examines how these ecological principles are manifested in the writings of early Canadian settlers, suggesting that Meeker's hypothesis indeed finds itself on stable footing.

Buddy films and gender identity : representing the bonds of masculinity /

The study examines the buddy film genre and the representation of masculinity in relation to the homosocial and the homoerotic. As a genre, the buddy films focus on male relationships, thematically seeking to mediate the boundaries surrounding the homosocial continuum and the intimacy and eroticism implicit in male bonding. Theories of genre, gender and identity are used to analyze the construction of masculine identity within the films. By providing a qualitative analysis of films from the 1960s to contemporary times, the research establishes a relationship between social changes, attitudes toward men and depictions of men. The buddy films adapt to address changes in the representation of masculinity, embodied in the difference between the male couple in the films. The early films of the 1960s served as templates that deconstructed traditional representations of male identity through articulating the tension within homosocial relationships. However, in the later films this tension became a refle~ive convention, acting to undermine the eroticism onto a displaced Other. The buddy film genre highlights the tension inherent to the male masquerade. This tension is situated in the need to represent the protagonist's homosocial relationship, while disavowing the eroticism that surrounds homosocial bonding. The structure of the buddy film genre, which focuses on the exploration of masculinity and representing the bonds of homosocial intimacy, makes these films a significant site for investigating the cultural construction of masculine identities.

Electrophysiological and behavioural correlates of facial identity and expression perception deficits following a closed head injury /

A large variety of social signals, such as facial expression and body language, are conveyed in everyday interactions and an accurate perception and interpretation of these social cues is necessary in order for reciprocal social interactions to take place successfully and efficiently. The present study was conducted to determine whether impairments in social functioning that are commonly observed following a closed head injury, could at least be partially attributable to disruption in the ability to appreciate social cues. More specifically, an attempt was made to determine whether face processing deficits following a closed head injury (CHI) coincide with changes in electrophysiological responsivity to the presentation of facial stimuli. A number of event-related potentials (ERPs) that have been linked specifically to various aspects of visual processing were examined. These included the N170, an index of structural encoding ability, the N400, an index of the ability to detect differences in serially presented stimuli, and the Late Positivity (LP), an index of the sensitivity to affective content in visually-presented stimuli. Electrophysiological responses were recorded while participants with and without a closed head injury were presented with pairs of faces delivered in a rapid sequence and asked to compare them on the basis of whether they matched with respect to identity or emotion. Other behavioural measures of identity and emotion recognition were also employed, along with a small battery of standard neuropsychological tests used to determine general levels of cognitive impairment. Participants in the CHI group were impaired in a number of cognitive domains that are commonly affected following a brain injury. These impairments included reduced efficiency in various aspects of encoding verbal information into memory, general slower rate of information processing, decreased sensitivity to smell, and greater difficulty in the regulation of emotion and a limited awareness of this impairment. Impairments in face and emotion processing were clearly evident in the CHI group. However, despite these impairments in face processing, there were no significant differences between groups in the electrophysiological components examined. The only exception was a trend indicating delayed N170 peak latencies in the CHI group (p = .09), which may reflect inefficient structural encoding processes. In addition, group differences were noted in the region of the N100, thought to reflect very early selective attention. It is possible, then, that facial expression and identity processing deficits following CHI are secondary to (or exacerbated by) an underlying disruption of very early attentional processes. Alternately the difficulty may arise in the later cognitive stages involved in the interpretation of the relevant visual information. However, the present data do not allow these alternatives to be distinguished. Nonetheless, it was clearly evident that individuals with CHI are more likely than controls to make face processing errors, particularly for the more difficult to discriminate negative emotions. Those working with individuals who have sustained a head injury should be alerted to this potential source of social monitoring difficulties which is often observed as part of the sequelae following a CHI.

A crisis of social democracy : organized labour and the NDP in an era of neoliberalism

The NDP was founded out of the ashes of the Co-Operative Commonwealth Federation to cooperate with the Canadian Labour Congress to become the 'political arm of organized labour' in Canada. The NDP has long claimed they are the party which represents the policy goals of organized labour in Canada: that the NDP alone will fight for trade union rights, and will fight for Canadian workers. Divergent Paths is an examination of the links between the labour movement and the ND P in an era ofneo-liberalism. Provincial NDP governments have become increasingly neoliberal in their ideological orientation, and have often proved to be no friend to the labour movement when they hold office. The Federal party has never held power, nor have they ever formed the Official Opposition. This thesis charts the progress of the federal NDP as they become more neoliberal from 1988 to 2006, and shows how this trend effects the links between the NDP and labour. Divergent Paths studies each federal election from 1988 to 2006, looking at the interactions between Labour and the NDP during these elections. Elections provide critical junctions to study discourse - party platforms, speeches, and other official documents can be used to examine discourse. Extensive newspaper searches were used to follow campaign events and policy speeches. Studying the party's discourse can be used to determine the ideological orientation of the party itself: the fact that the party's discourse has become neoliberal is a sure sign that the party itself is neoliberal. The NDP continues to drive towards the centre of the political spectrum in an attempt to gain multi-class support. The NDP seems more interested in gaining seats at any cost, rather then promoting the agenda of Labour. As the party attempts to open up to more multi-class support, Labour becomes increasingly marginalised in the party. A rift which arguably started well before the 1988 election was exacerbated during that election; labour encouraged the NDP to campaign solely on the issue of Free Trade, and the NDP did not. The 1993 election saw the rift between the two grow even further as the Federal NDP suffered major blowbacks from the actions of the Ontario NDP. The 1997 and 2000 elections saw the NDP make a deliberate move to the centre of the political spectrum which increasingly marginalised labour. In the 2004 election, Jack Layton made no attempt to move the party back to the left; and in 2006 the link between labour and the NDP was perhaps irreparably damaged when the CAW endorsed the Liberal party in a strategic voting strategy, and the CLC did not endorse the NDP. The NDP is no longer a reliable ally of organized labour. The Canadian labour movement must decide wether the NDP can be 'salvaged' or if the labour movement should end their alliance with the NDP and engage in a new political project.

Steeltown scene : genre, performance and identity in the alternative independent music scene in Hamilton, Ontario

This thesis examines the independent alternative music scene in the city of Hamilton, Ontario, also known, with reference to its industrial heritage, as "Steeltown." Drawing on the growing literature on the relationship between place and popular music, on my own experience as a local musician, direct observation of performances and of venues and other sites of interaction, as well as ethnographic interviews with scene participants, I focus on the role of space, genre and performance within the scene, and their contribution to a sense of local identity. In particular, I argue that the live performance event is essential to the success of the local music scene, as it represents an immediate process, a connection between performers and audience, one which is temporally rooted in the present. My research suggests that the Hamilton alternative music scene has become postmodern, embracing forms of "indie" music that lie outside of mainstream taste, and particularly those which engage in the exploration and deconstruction of pre-existing genres. Eventually, however, the creative successes of an "indiescene" permeate mass culture and often become co-opted into the popular music mainstream, a process which, in turn, promotes new experimentation and innovation at the local level.

Mediated action, narratives of risk-taking, and identity formation in adolescents with a visual impairment

The purpose of this project was to discern the inherent tension present in narratives told by adolescents with a visual impairment as they attempted to make sense of their experiences, specifically those surrounding risk. Mediated action, based on the foundational work of Vygotsky and Bakhtin, was used as both a theoretical and methodological approach; it is the theory that there are two components that constitute any human action: the "agent," or the person who is doing the acting, and the "mediational means" that he or she is using to accomplish the action in question. Tension ensues as neither is able to fully explain human behaviour. Ten adolescents with a visual impairment participated in a narrative interview, revealing numerous counter-narratives surrounding risk-taking, including "experimentation undertaken using good judgment." Participants offered examples of how they engaged, appropriated, resisted and transformed the dominant narratives of disability and adolescence in their identity formation.

Revisiting the Jewish American princess : Jewish girls, the J.A.P. discursive stereotype, and negotiated identity

This qualitative exploratory research investigates how Canadian Jewish girls understand the discursive stereotype of the Jewish American Princess (JAP), and how they take up these understandings of the J AP in relation to their identities. Three focus groups and six interviews were conducted with girls attending Jewish high schools in Toronto, Canada to explore these questions. From a third wave Jewish feminist perspective, and taking a mediated action approach to identity, two analyses were conducted. A thematic analysis of peer relations, gender, community, and religious understandings demonstrates how aspects of individual identities mediate interpretations of the JAP. A series ofpor t rai t s of JAP-related identity were constructed to analyze how the JAP discursive stereotype also functions as a cultural tool that is taken up by the participants to mediate expressions of their identities. These findings establish the contradictory ways these Jewish girls describe, interpret, and utilize the JAP discursive stereotype, and the complex roles it plays in their social worlds.

Hoosiers on the Hardwood: A Critical Examination of Indiana Basketball Culture and its Effect on Identity Formation

The purpose of this research was to examine the nexus at which Indiana basketball and the state’s ‘hoosier’ identity meet. More specifically, this thesis interrogates the romanticization of this sporting culture for its pedagogical role in the creation of twenty-first century ‘hoosier’ bodies. Adopting a theoretical orientation rooted in critical race theory, I argue that Indiana’s basketball culture represents a normalized / normalizing structure underneath which Otherness is reified to produce hypervisible “different” outsiders (‘non-hoosiers’), and invisible “disciplined” insiders (i.e. ‘hoosiers’). Utilizing data gleaned over a two-month period spent conducting fieldwork in the “hoosier state” (document analysis, unstructured interviewing, and participant observation), I specifically tailor my analysis to uncover people’s understanding, negotiation, and performance of this regional and national subject position. From this point of inquiry, authentic ‘hoosierness’ comes to be represented, known, practiced, and felt in relation to hierarchies of power that privilege white, hypermasculine, rural, and conservative bodies.