VictorJuiz/thesis huggingface dataset:
The role of market definition and unilateral effects analysis in America's movement towards effects-based antitrust: an analytical perspective
Keywords: Antitrust law, United States
Consolidation and merger of corporations, United States
Monopolies, United States
Markets, United States

The discussion in this thesis describes the challenges of delineating markets and how American judges have dealt with market definition in their courts. Reading this thesis, it should become clear that given market definition's arbitrary nature, courts have still managed to approach the subject from a dynamic perspective. This thesis also discusses the development of alternative less formalistic approaches to the assessment of horizontal mergers and today's issue of market definition in monopolization cases. This thesis offers some suggestions in response to the so-called fact based economical approach development in market delineation. It describes market definition as a complicated process, especially in light of single firm conduct. The thesis will highlight that much about the role of econometric data and how to interpret any inferences, is unclear but that it is another useful tool to try and reach satisfactory results in the assessment of antitrust cases.
Of rose petals and sutures, marks on a woman's body: an aesthetic and oblique inquiry into dys-body, solace, and vulnerability
Keywords: Human body
Mind and body
Imagination
Empathy

Poetic, fictional, æsthetic. This is an arts-informed inquiry where words and images participate with imagination to exhibit an embodied narrative of disability, an account still largely unwritten. It is a story that believes humans and the other-than-human are in constant touch with, constantly being touched by the world. It is a story that came into being through the presence of love and a belief that loving words and colours—sensations—are where knowing has its beginnings. Rose has her beginnings within this text. She survived a motor vehicle accident and breast cancer to tell her embodied narrative of disability. She knows this telling deepens narrative imagination and empathic presence in the world. Rose's scarred body, the site of this narrative, is quiet and resistant to the codes of traditional academic discourse. She arrives at her own being after following a rather insistent and visceral sensation, an impression she provisionally translates as vulnerability. She arrives after meeting worms on sidewalks, hearts wrapped in plastic, and fallen petals. Part of her work is to think seriously about what exists on the periphery of consciousness and is not represented, to reveal (revel in) the world that pales in our theoretical presentation of its being. Rose has not always found writing easy. A wound is presencing. Vulnerability has to be encountered, even before she knows solace arises as a homeopathic. The text, congruent with life, is discontinuous, fragmented. Writing and thinking through the images has not been a straight-lined process. This writer imagines the possibility of change, the healing of a world where ideas split skin, spill blood. The methods Rose used in this writing are anxious uncertainty, epistemic doubt, wonder, and breath. She is committed to the uncertainty of knowledge. Her method is an artist's, where failure and getting it wrong open us to the world, to embodied experience. This is a story where writing tickles fingers and language sweats itself through pores. Read the spaces between the words, read the absence of colours, read with imagination curled up beside you.
In whose interests?: democracy and accountability for corporate governance activity by pension funds
Keywords: Pension trusts, United States
Pension trusts, Great Britain
Corporate governance, United States

Pension funds in North America and the United Kingdom are substantial shareholders in corporations. For the most part, these shares are the result of the investment of pension plan contributions made by or on behalf of the sponsoring employer's employees. As substantial shareholders, pension funds have the ability to exercise voting and other rights attached to their shares to influence or control certain corporate decisions. Collectively, pension funds often have legal or de facto voting control of the corporation. My thesis is that the corporate governance decisions of pension funds ought to be made by the beneficiaries of those funds and/or their directly elected representatives because the beneficiaries' interests are not being served by the present decision-making structure. The present structure rests these decisions in the hands of the employer's management or those answerable directly to that management. The investment and corporate governance decisions of pension fund managers affect the interests of the beneficiaries through their impact on their future retirement security and the social, economic and political environment in which they will live. Thus, the grant of this power to pension fund managers by widely dispersed beneficiaries raises issues of legitimacy and the legitimate use of this power, and in particular, how the interests of the beneficiaries and the society in which they live are defined and taken account of in the decision-making process. My claim is that the present system fails to adequately define these interests and take them into account because it does not provide appropriate mechanisms of accountability to the beneficiaries. Both normative and prudential grounds are offered for my thesis. The normative grounds are rooted in the collectivization of property in the pension fund allowing beneficiaries to democratically determine the process by which their bonds with the community will be defined and agreed on in the context of corporate policy. The prudential grounds combine two factors: first, fund managers' conflicts of interest where corporate governance activity critical of corporate management is involved; second, the increasingly contested connections between long-term shareholder interests or the fundamental value of a corporation and share prices in securities markets. These factors provide justification for treating a pension fund's corporate governance policies as matters for democratic determination by the beneficiaries, rather than as matters of managerial expertise, especially since that expertise can also be provided as advice. After reviewing the implications of the thesis for pension and trust law, corporation law and securities regulation, the thesis presents a number of recommendations for changes in the law in order to empower pension plan beneficiaries with respect to the corporate governance policy of their pension fund.
The three axes of employment relationships: a characterization of workers in need of protection
Keywords: Master and servant
Independent contractors
Labor contract

The distinction between employees and independent contractors has been described as the “cornerstone” of labour and employment laws, but proved difficult to apply. This thesis is concerned with the question of who should be considered an employee in the context of protective labour and employment laws, i.e. what kinds of workers should be covered by such laws. The basic approach is purposive; the scope of protective regulations—and accordingly the meaning of “employee”—should be derived from the goals that such regulations are designed to achieve. It is argued that protective labour and employment laws share a general purpose, which can be used to articulate a general understanding of who should be considered an employee. The employment relationship can be likened to an integration of three axes: organizational, social/psychological and economic. Organizationally, employees are characterized by being subject to a structure of governance with democratic deficits. Socially/psychologically, the employment relationship is characterized by the dependency of employees on the relationship for the fulfillment of certain social and psychological needs. And economically, employees are characterized by their reliance on the employment relationship, in the sense that they are unable to spread their risks. The Three Axes are then put into practice. At the legislative level, a typology of four categories (employees, dependent contractors, independent employees and independent contractors) is suggested as a tool to refine the scope of protective regulations according to the particular vulnerabilities of different workers. At the interpretive level, the Three Axes are offered as an overarching test, and existing lists of indicia are examined in their light. This “general” test may need “fine-tuning” to suit particular purposes of specific regulations. The goals of minimum wage, collective bargaining and unjust dismissal laws (taken as examples) are examined in this light. The analysis confirms the suitability of the Three Axes, but also the need for “fine-tuning”—in each case only two of the Three Axes prove relevant. The final chapter offers an additional application to the framework developed: the Three Axes are used to suggest who should be considered the employer in triangular relations.
Securities regulation in Canada: Rules-based versus principles-based approach
Keywords: Securities, Canada
Capital market, Law and legislation
Capital market, Canada

This thesis presents a study of the Canada's securities regulation from the perspective of the regulatory tools that should be used for capital market regulation in Canada. This research: (a) puts forward criteria that must be met for the establishment of an ideal capital market regulatory structure in Canada, (b) undertakes a comparative analysis of the current legislation, the Uniform Securities Legislation model and the British Columbia securities regulatory model on the basis of these criteria, and (c) draws conclusions as to the optimal means of regulating the Canadian capital market that would best meet the offered criteria and suit the unique nature of the Canadian common law regulatory system.
Vapor compression air conditioning system modelling and control
Keywords: Air conditioning, Mathematical models

Air conditioning systems are widely used and relied upon to allow humans and machinery to operate in adverse conditions. Advances in component technologies make it possible for advanced control development to improve air conditioning system performance. Air conditioning system modelling and simulation is required to conduct such work. This thesis presents research work in model development using commercial and scientific software; EASY5 and MATLAB respectively. Tuning and testing of air conditioning system control configurations is also conducted. The results show that the new control configurations tested can improve system performance in a number of setpoint tracking and disturbance rejection tasks. Heat exchanger air flow controls are also shown to be viable means of regulating superheat. They have the potential to augment conventional controls for further performance gains.
Acute vasoregulation and chronic tissue reorganization in arterial remodeling
Keywords: Physiology

Mechanically induced arterial remodeling responses have physiological and pathological significance, thus the mechanisms associated with these remodeling responses are imperative to understand. First, this thesis examined inward remodeling response following blood flow reduction in a rabbit model with a specific focus on identifying the potential mediator of the response. Since expression of potent vasoconstrictor endothelin-1 (ET-1) increases when shear stress is reduced in vitro, it was hypothesized that the persistent constriction due to this agonist participates in inward arterial remodeling after blood flow reduction. Accordingly, chronic blockade of ET-1 receptors suppressed both early vasoconstriction and late remodeling of the rabbit carotid artery after 70% blood flow reduction. The role of vasodilator nitric oxide (NO) was also tested and intriguingly, NO influenced only structural remodeling. This thesis demonstrates that ET-1 participates in acute inward remodeling of arteries and integrated influences of NO and ET-1 production initiate inward remodeling after chronic blood flow reduction. To explore role of ET-1 and NO in inward remodeling further, a mouse model was employed. This approach revealed that mice respond to external carotid ligation completely differently than rabbits preventing from testing the initial objective. Nonetheless, the mouse model provided novel insight into its suitability for studying peripheral flow distribution and cerebrovascular remodeling response associated with blood flow changes. In addition, as arteries display highly directional growth and remodeling that is specific to increases in the mechanical loads imposed upon them by blood pressure, blood flow and lengthwise tensile forces, this thesis also examined the effect of mechanical forces on the direction in which mitosis delivers daughter cells. In vitro imposition of lateral force on surface integrins of cultured endothelial cells and in vivo imposition of lengthwise force on smooth muscle cells in rabbit carotid arteries altered direction of mitosis indicating that influences of mechanical force can modulate the manner in which mitosis of vascular cells contributes to reorganization of arterial wall tissue. Altogether, studies in this thesis provide novel and intriguing findings, furthering knowledge of mechanically-induced vascular remodeling responses.
'Encountering' violence: White sexual assault counsellors and race
Keywords: Rape, Canada
Counseling, Canada
Racism, Canada
Counselors, Attitudes
Counselors, Canada
Indigenous women, Crimes against
Indigenous women, Canada
Indigenous women, Counseling of
Indigenous women, Canada

This research, which employs a feminist anti-colonial theory of sexual violence, explores how colonization shapes the racial encounter between white sexual assault counsellors and Aboriginal women in a Prairie city. Through semi-structured interviews, counsellors revealed that they employ various strategies of ignoring race when counselling, which aligns with a liberal feminist view that imagines all women as unified through their shared gender oppression. The analysis indicates that when white counsellors encounter Aboriginal clients, they reproduce racism and perform dominance through strategies of racelessness. Counsellors desire to know more about Aboriginal women and their culture, because due to their different social locations, counsellors are often unable to relate to their clients' realities and "vulnerability." When vulnerability is empathized, pity and empathy become the emotional responses, but as I argue the problem with these responses is that it does not lead to respect, nor any structural change in the system of oppression.
Effects of nursing education on the formation of professional values
Keywords: Nursing, Study and teaching
Nursing, Ontario
Medical ethics, Study and teaching
Medical ethics, Ontario
Professional ethics, Study and teaching
Professional ethics, Ontario
Nursing ethics, Ontario
Nursing students, Professional ethics
Nursing students, Ontario

The primary purpose of this study was to investigate the influence of formal educational preparation programs on the formation of nursing professional ethical values in nursing students. The aim of this study was to discover how nursing students define and manifest ethical values in relation to their perceptions of expectations for the profession. It also investigates what they perceive as professional ethical practice and what they identify as the most influential aspects of the learning process associated with their change in orientation from layperson to professional nurse. The conceptual framework that guided this study was a model based on Van Gennep's three stages of development. The groups were studied at three stages in the educational process; the beginning level, the end of the program and as a new practitioner who had graduated within the last year. These cross-sections of the program were analyzed for individual perceptions of professional behaviour, professional values, and what influenced their development as a nursing professional. This qualitative study involved twenty-one (21) individual interviews and three (3) focus group meetings. The data collected were analyzed for common themes and variations within each stage of the conceptual framework and across the experiential divisions of the study sample. The findings indicate that there is a change over time in how these students identify with personal and professional values as they proceed through formal nursing education. As they progress through the program they are able to differentiate when they would make a professional value decision and what the effects of this decision would be. There were variations in responses based upon their individual experiences. The data indicate that the acquisition of professional values is influenced by many factors. Formal lectures regarding professional ethical values serve as a base line for their knowledge level. However the influence of practical experience in a healthcare setting, the effect of role-modeling by teachers and nurses provides the opportunity to see and apply these professional expectations. These influences have an impact on their understanding and integration of the professional values into their sense of professional identity. Recommendations are made for nursing education as well as implications for the preparation of nursing professionals. A further distinction between professional socialization and organizational socialization is made as an implication for theory.
IRT parameter estimation: can the jackknife improve accuracy?
Keywords: Item response theory
Jackknife (Statistics)
Parameter estimation

Unidimensional item response theory (IRT) models are routinely applied to data that are not strictly unidimensional despite the general consensus that this may lead to inaccurate parameter estimates. The jackknife technique, typically used to remove bias by re-sampling observations, may improve the accuracy of the unidimensional parameter estimates that result from multidimensional data by re-sampling items. This study examined (1) the systematic errors in marginal maximum likelihood (MML) parameter estimates that result from fitting a unidimensional two-parameter logistic IRT model to a test consisting of passage-linked groups of multiple-choice items and (2) the effectiveness of the jackknife in increasing the accuracy of these parameter estimates. Data were simulated according to one-, two-, and ten-dimensional models. Results suggest that the magnitude of bias in the unidimensional MML parameter estimates of passage-linked items depends predominantly on the characteristics of the item. Of the items classified as biased, the bias was more likely to occur in small item and person sample sizes. While the errors in the parameter estimates that arose from person sampling were fairly consistent across dimensionality models, the item sampling errors were not. Specifically, in the multidimensional conditions, the parameter estimates for a particular item varied as a result of the other items included in the calibration. The jackknife did not reduce the multidimensional item bias in the MML estimates.
Factors relating to parenting by non-heterosexual fathers
Keywords: Gay fathers
Fatherhood
Father and child
Parenting

Non-heterosexual fathers face homophobia, heterosexism, and sexism wherein socially constructed rules dictate their prescribed roles as fathers and individuals. However, little is know about the experiences or concerns of this group. This research investigation involved two interconnected studies. Study One was conducted as an Internet survey that requested mostly demographic information from non-heterosexual men, both fathers and non-fathers, from across Canada, and surveyed selected perceptions of societal beliefs about gay parenting, homophobia and heterosexism. Of the non-fathers, twenty-one wanted children, while only ten did not. Six respondents were unsure. Perceived attitudes towards non-heterosexual parents by both heterosexuals and non-heterosexuals were positive. While non-fathers perceived more positive attitudes towards non-heterosexual parents from other non-heterosexuals than did fathers, perceived attitudes towards non-heterosexual parents by heterosexuals did not differ. Study Two consisted of interviews with both non-heterosexual fathers and non-fathers. Interview questions focused on family structure, how the fathers came to have children, attitudes towards non-heterosexual fathers, current and future concerns about parenting, and services and information available for fathers and potential fathers. Both Studies One and Two revealed many ways that a non-heterosexual man could become a father. The most common way reported was for men to have had children in the context of a heterosexual marriage, and then come out as non-heterosexual at a later date. Less common, but increasing in frequency, were those men who choose adoption, surrogacy, co-parenting, fostering or step-parenting as a means of having children after coming out. Several themes emerged as salient throughout the research. One of the most frequently cited themes was the invisibility of non-heterosexual fathers. This was reflected in the lack of available services and supportive agencies. Other themes emerging included (i) prejudice from both heterosexuals and non-heterosexuals towards these men as parents, (ii) coming out, and (iii) identity conflict. All of these themes were enmeshed in issues around identity organization and synthesis. Many previously married fathers had concerns around coming out as gay and being a father. Conversely, many men who had fathered children after coming out discussed the difficulties in having children, and subsequently incorporating fatherhood into an established gay identity.
A quest for character: explaining the relationship between first nations teachings and "character education".
Keywords: Character, Study and teaching
Indians of North America, Education
Indians of North America, Canada
Moral education
Moral development
Social sciences, Study and teaching
Multicultural education

Wholistic indigenous character education strategies can and should be integrated into the common curriculum. First Nations' perspectives on character education offer useful insights into positive character development, in relevant, (w)holistic ways that would enhance character education programs within our public school systems. A literature review explores both indigenous and non-indigenous dominant culture practices and resources from historical, cultural and pedagogical perspectives. Western cultural and traditional indigenous worldviews are compared and contrasted. Points of cultural contact and impact are also identified. The perspectives and experiences of four Aboriginal Elders and an Ojibwe playwright regarding character education issues are included as well as an inventory of Traditional First Nations Teaching Strategies. First Nations practices and philosophies are categorized in relation to Dr. John P. Miller's transformational, holistic education framework wherein six key areas of connections and teaching strategies are explored: (a) Analytic-Intuitive Thinking, (b) Body-Mind Connection, (c) Subject Connections, (d) Community Connections, (e) Earth Connections and (f) Self Connections.