5 resultados para Limitation of liability

em Brock University, Canada


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The addition of the Charter of Rights and Freedoms represented a fundamental shift in Canadian governance. Many saw the tabling of such a document as a further, even fmal, step towards the Americanization of the Canadian polity. While the Charter's presence has significantly altered the relationship between citizens, government and the courts, it has done so by maintaining the traditional values and experiences that has been the hallmarks of Canadian constitutionalism. This is in contrast to the fears harboured by critics suggesting that the Charter was a further Americanization of the Canadian Polity, notwithstanding the very different natures of the American Bill of Rights and the Canadian Charter. Analyzing American Supreme Court precedent use by the Canadian Supreme Court has demonstrated that such an Americanization has not, in fact, occurred. In the present analysis of American precedent use in section 1 limitation of rights cases, the citation of these precedents are at best episodic, at least on the quantitative level. Qualitatively, the Canadian Supreme Court generally uses American jurisprudence to further support broad definitions of 'great rights' . As for the more intricate details of rights limitations and the process involved in detennining how Charter rights are limited, one would be hard pressed to find even cursory references to American case law.

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A^-heterocyclic carbenes (NHCs) have become the focus of much interest as ancillary ligands for transition metal catalysts in recent years. Their structural variability and strong cy-donation properties have led to the preparation of demonstrably useful organometallic catalysts. Among the three general structural types of NHCs (imidazolylidenes, imidazolinylidenes, and benzimidazolylidenes), benzimidazolylidenes are the least investigated because of the limitation of current synthetic approaches. The preparation of chiral analogues is even more challenging. Previously, our group has demonstrated an alternative approach to synthesizing benzimidazolylidenes with a tetracyclic framework in three steps from 1,10-phenanthroline. This thesis is focused on approaches to chiral benzimidazolylidenes derived from substituted 1,10-phenanthrolines. A key step in the preparation of these ligands involves a reduction of the pyridyl rings in 1,10-phenanthrolines. Chirality can be introduced to phenanthrolines before, during, or after the reduction as illustrated by three approaches: 1) de novo construction of the phenanthroline from chiral ketones with endo and exo faces to provide a degree of diastereoselectivity during subsequent reduction; 2) introduction of substituents into the 2- and 2,9- position of phenanthroline by nucleophilic aromatic substitution, followed by a reduction-resolution sequence; and 3) use of the protected octahydrophenanthroline as a substrate for chiral induction a to nitrogen.

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Cognitive interviews were used to evaluate two draft versions of a financial survey in Jamaica. The qualitative version used a few open-ended questions, and the quantitative version used numerous close-ended questions. A secondary analysis based on the cognitive interview literature was used to guide a content analysis of the aggregate data of both surveys. The cognitive interview analysis found that the long survey had fewer respondent errors than the open-ended questions on the short survey. A grounded theory analysis then examined the aggregate cognitive data, showing that the respondents attached complex meanings to their financial information. The main limitation of this study was that the standard assessments of quantitative and qualitative reliability and validity were not utilized. Further research should utilize statistical methods to compare and contrast aggregated cognitive interview probe responses on open and close ended surveys.

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Despite recent well-known advancements in patient care in the medical fields, such as patient-centeredness and evidence-based medicine and practice, there is rather less known about their effects on the particulars of clinician-patient encounters. The emphasis in clinical encounters remains mostly on treatment and diagnosis and less on communicative competency or engagement for medical professionals. The purpose of this narrative study was to explore interactive competencies in diagnostic and therapeutic encounters and intake protocols within the context of the physicians’, nurses’, and medical receptionists’ perspectives and experiences. Literature on narrative medicine, phenomenology and medicine, therapeutic relationships, cultural and communication competency, and non-Western perspectives on human communication provided the guiding theoretical frameworks for the study. Three data sets including 13 participant interviews (5 physicians, 4 nurses, and 4 medical receptionists), policy documents (physicians, nurses, and medical receptionists) and a website (Communication and Cultural Competency) were used. The researcher then engaged in triangulated analyses, including N-Vivo, manifest and latent, Mishler’s (1984, 1995) narrative elements and Charon’s (2005, 2006a, 2006b, 2013) narrative themes, in recursive, overlapping, comparative and intersected analysis strategies. A common factor affecting physicians’ relationships with their clients was limitation of time, including limited time (a) to listen, (b) to come up with a proper diagnosis, and (c) to engage in decision making in critical conditions and limited time for patients’ visits. For almost all nurse participants in the study establishing therapeutic relationships meant being compassionate and empathetic. The goals of intake protocols for the medical receptionists were about being empathetic to patients, being an attentive listener, developing rapport, and being conventionally polite to patients. Participants with the least iv amount of training and preparation (medical receptionists) appeared to be more committed to working narratively in connecting with patients and establishing human relationships as well as in listening to patients’ stories and providing support to narrow down the reason for their visit. The diagnostic and intake “success stories” regarding patient clinical encounters for other study participants were focused on a timely securing of patient information, with some acknowledgement of rapport and emapathy. Patient-centeredness emerged as a discourse practice, with ambiguous or nebulous enactment of its premises in most clinical settings.

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When the second of two targets (T2) is presented temporally close to the first target (T1) in rapid serial visual presentation, accuracy to detect/identify T2 is markedly reduced as compared to longer target separations. This is known as the attentional blink (AB), and is thought to reflect a limitation of selective attention. While most individuals show an AB, research has demonstrated that individuals are variously susceptible to this effect. To explain these differences, Dale and Arnell (2010) examined whether dispositional differences in attentional breadth, as measured by the Navon letter task, could predict individual AB magnitude. They found that individuals who showed a natural bias toward the broad, global level of Navon letter stimuli were less susceptible to the AB as compared to individuals who showed a natural bias toward the detailed, local aspects of Navon letter stimuli. This suggests that individuals who naturally broaden their attention can overcome the AB. However, it was unclear how stable these individual differences were over time, and whether a variety of global/local tasks could predict AB performance. As such, the purpose of this dissertation was to investigate, through four empirical studies, the nature of individual differences in both global/local bias and the AB, and how these differences in attentional breadth can modulate AB performance. Study 1 was designed to examine the stability of dispositional global/local biases over time, as well as the relationships among three different global/local processing measures. Study 2 examined the stability of individual differences in the AB, as well as the relationship among two distinct AB tasks. Study 3 examined whether the three distinct global/local tasks used in Study 1 could predict performance on the two AB tasks from Study 2. Finally, Study 4 explored whether individual differences in global/local bias could be manipulated by exposing participants to high/low spatial frequencies and Navon stimuli. In Study 1, I showed that dispositional differences in global/local bias were reliable over a period of at least a week, demonstrating that these individual biases may be trait-like. However, the three tasks that purportedly measure global/local bias were unrelated to each other, suggesting that they measure unique aspects of global/local processing. In Study 2, I found that individual variation in AB performance was also reliable over a period of at least a week, and that the two AB task versions were correlated. Study 3 showed that dispositional global/local biases, as measured by the three tasks from Study 1, predicted AB magnitude, such that individuals who were naturally globally biased had smaller ABs. Finally, in Study 4 I demonstrated that these dispositional global/local biases are resistant to both spatial frequency and Navon letter manipulations, indicating that these differences are robust and intractable. Overall, the results of the four studies in this dissertation help clarify the role of individual differences in attentional breadth in selective attention.