Digital Commons Network^™

Daily Consumer Expenditures And Income: New Evidence From A Payment Diary, Shaun Gilyard, Scott Schuh

Economics Faculty Working Papers Series

This paper demonstrates that unique daily consumption and income transactions data derived from the Diary of Consumer Payment Choice (DCPC) produced unplanned benefits: they cover high percentages of U.S. data, forecast well in real time, offer new insights to payday and pay-cycle effects, and suggest selection effects in convenience samples of transactions data. Relative to other transactions data, DCPC data are more representative, publicly available, and offers other advantages. Daily data more clearly exhibit three explicit features largely absent from lower frequencies: 1) discrepancy between consumption and expenditures; 2) discrete expenditures and income; and 3) asynchronous consumer expenditures (daily) and …

Forest Offering, Theresa Appleyard

Calliope

No abstract provided.

Full Issue

Calliope

No abstract provided.

Academic Freedom's Inflection Point, Jerry C. Edwards

Law Faculty Scholarship

Academic freedom faces an existential crisis. The Trump administration, building on a movement that began in the states, is seeking ideological conquest of higher education. Some universities have already surrendered. Others fight on, facing an endless barrage of assaults on their institutional autonomy. Faculty too have chosen to resist, relying on their free expression rights. One of the most potent weapons in higher education’s arsenal is the constitutional academic freedom doctrine, a First Amendment protection that safeguards faculty’s academic expression and universities’ academic judgments. But the Supreme Court’s embrace of history and tradition as a focal point of its individual …

Reflections Of An Appalachian Miner's Grandson: How The Biden Administration Prioritized Miners' Safety And Health And Mining Communities, Christopher J. Williamson

West Virginia Law Review Online

No abstract provided.

Project Foresight Annual Report, 2024-2025, Paul J. Speaker

Faculty & Staff Scholarship

Project FORESIGHT is a business-guided self-evaluation of forensic science laboratories across the globe. The participating laboratories represent local, regional, state, and national agencies. Economics, accounting, finance, and forensic faculty provide assistance, guidance, and analysis. Laboratories participating in Project FORESIGHT have developed standardized definitions for metrics to evaluate work processes, linking financial information to work tasks and functions. Laboratory managers can then assess resource allocations, efficiencies, and value of services—the mission of Project FORESIGHT is to measure, preserve what works, and change what does not.

The benchmark data for the 2024-2025 performance period includes laboratory submissions for a variety of fiscal …

All I Really Need To Know About The Ethics Of Third-Party Litigation Funding, I Learned From Watching Hulk Hogan, Alex B. Long

West Virginia Law Review

The Hogan/Gawker litigation occupies a special place in public discussions concerning third-party litigation funding, the practice of investors who fund litigation with the goal of earning a profit. While nearly a decade has passed since the conclusion of the case, the Hogan/Gawker litigation is still regularly referenced in academic literature and popular media. Since the jury verdict, the practice of third-party litigation funding has grown exponentially. Within just the past year, there have been several state legal ethics opinions concerning the practice, and several state legislatures passed legislation that addresses some of the ethical concerns associated with the practice. On …

The Impact Of Legalized Sports Betting On Divorce, Alvaro Muniz-Fernandez, Brad Humphreys, Jane E. Ruseski

Economics Faculty Working Papers Series

This paper estimates the causal effect of legalization of sports betting on marital dissolution. We exploit the staggered legalization of sports betting in states following the Murphy v. NCAA (2018) Supreme Court as a source of exogenous variation, using a U.S. state-year panel from 2012 to 2023. Implementing a difference-in-differences design, we find that legalization increases both the flow and stock of divorces: the annual divorce rate and the share of divorced men rise by 0.107 and 0.276 percentage points, respectively. These effects accumulate gradually over the post-treatment period, consistent with a mechanism operating through the slow deterioration of household …

The Entanglement Of Facts And Values: An Overlooked Problem For Legal Positivism, Stephen A. Simon

West Virginia Law Review

Scholars have long been fascinated by the relation between law and morality, and in particular by the question of whether identifying the law requires making moral judgments. H.L.A. Hart and other legal positivists insist that we can identify the law without making moral judgments. By contrast, Ronald Dworkin and other opponents of legal positivism hold that determining law’s meaning necessarily involves moral reasoning. The most prominent contemporary case against legal positivism, developed by Dworkin, argues that interpretation—giving meaning to legal language—inherently requires moral judgments. While Dworkin’s arguments are powerful, the discourse has overlooked another basis for rejecting legal positivism: one …

The Judiciary's Arbitrary And Capricious Problem, Jack D. Malich

West Virginia Law Review

The Supreme Court has not been shy in its efforts to change, and in some cases, overturn long-standing administrative law precedent. Yet in one area, arbitrary and capricious review under Motor Vehicles Manufacturers Ass’n v. State Farm Mutual Insurance Co., the Court has ostensibly not acted to modify any part of the doctrine. Recently, however, the federal judiciary has increasingly used arbitrary and capricious review to invalidate major agency actions over what seem to be somewhat minor procedural flaws. The increased stringency of such review has led to increasing conflict between the executive and judicial branch. Two Supreme Court decisions …

Asarco Delenda Est, John Greabe

West Virginia Law Review

ASARCO Inc. v. Kadish is the most important Supreme Court decision addressing the adjudication in state courts of federal claims that Article III’s case-or-controversy requirements would bar lower federal courts from hearing. But there are two serious problems with the reasoning of ASARCO: one involving an error of omission and the other an error of commission. ASARCO’s error of omission is its apparent assumption that a party barred from asserting a federal claim in federal court because of a lack of redressable Article III injury caused by the conduct complained of should face no barriers to obtaining relief on the …

Drawing Lines In The Substance: Questioning The Inconsistent Application Of West Virginia's Recidivist Statute In Cases Involving Controlled Substance Violations, Patrick Hassen

West Virginia Law Review

For decades, West Virginia’s recidivist statute required courts to sentence repeat felony offenders to life in prison even if their offenses were not violent. Over the years, the statute mandated life sentences for triggering offenses as minor as writing a bad check or failing to register a new phone number with the police. Unsurprisingly, the statute has come under its fair share of constitutional attack for violating the state Constitution’s proportionality principle. In 1981 the Supreme Court of Appeals of West Virginia held the state’s proportionality principle requires a strict interpretation of the recidivist statute in favor of the defendant. …

A Damning Doctrine: State-Created Danger, Sierra Dotson

West Virginia Law Review

United States Supreme Court should take to promote uniformity in the correct interpretation of the doctrine and in applying the state-created danger exception.

The Living Architecture Of Law, Joseph R. Goodwin

West Virginia Law Review

No abstract provided.

The Last Human Question: Generative Ai's Existential Threat To Consensus And Law, Joshua Fairfield

West Virginia Law Review

The true risk of artificial intelligence (“AI”) is not that the toasters will rise up. It is that AI will be competent to perform human tasks and indifferent to human welfare. The risk is that we will be outcompeted by generative automated processes that create output similar to ours (although never the same, as this Article explains), but which need none of the outputs of the economy for food, shelter, or human flourishing. Further, a more precise and existential description of the threat is that generative AI will disrupt and crowd out humanity’s evolutionary superpower, our ability to generate agreement …

Ai And Law Milestones: From Top-Down To Bottom-Up Computational Models Of Legal Reasoning (And Back), Kevin Ashley

West Virginia Law Review

This Article introduces five research and development milestones in the field of Artificial Intelligence and Law and then discusses how large language models (“LLMs”) and generative AI (“GenAI”) are affecting each of them. The milestones include legal expert systems, lessons learned in computationally modeling legal rules and statutes, knowledge-based models of legal argument, machine learning models that classify case texts and predict outcomes, and the design and evaluation of legal applications of LLMs and GenAI. These milestones illustrate how top-down knowledge-based computational models of legal expertise have rapidly given way to bottom-up models based on machine learning. Knowledge-based models explicitly …

Artificial Intelligence And Machine Learning Improving The Livelihood Of Individuals With Disabilities In Various Capacities, Daveon Lilly

West Virginia Law Review

Artificial Intelligence (“AI”) and Machine Learning (“ML”) are swiftly reshaping accessibility for individuals with disabilities, offering fresh opportunities for inclusion in education, the workplace, and daily life. This Note explores the integration of AI and ML into assistive technologies and discusses how this integration bolsters access and independence for people with various disabilities. It also examines the legal frameworks, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act of 1973 (“Rehabilitation Act”), that govern the implementation of these technologies and address challenges such as algorithmic bias, data privacy, and the digital divide. While AI and ML have made …

Training New Lawyers With And For Generative Ai: A Semester-Long Experiment Scaling Clinical Friction In The Doctrinal Classroom, Frank W. Volk

West Virginia Law Review

No abstract provided.

“The Very Existence Of The Empire”: U.S.-Japanese Economic Relations And The Road To Pearl Harbor, Noah Haak

Munn Scholars Awards

The following work argues that the most common historiography of the United States and Japanese Empire’s relationship prior to Pearl Harbor has been sidelining the economic struggle between the two nations as context rather than cause when discussing the conflict. This choice leaves out important economic analysis that explains both expanding American executive authority and realist Japanese decision-making that pushed both nations into the Pacific Theater. Roosevelt's decades-long undeclared embargo on Japan set a constitutional precedent that shaped every major exercise of executive war power.

Augmented Advocacy: Ethical Constraints And Regulatory Gaps In Ai-Driven Legal Practice, Molly M. Rowlands

West Virginia Law Review

The rapid advancement of artificial intelligence (“AI”) and particularly generative AI (“Gen AI”) is reshaping the legal profession in unprecedented ways. AI-powered tools enhance efficiency, improve accuracy in legal analysis, and expand access to justice by automating research, contract review, litigation support, and predictive analytics. However, these benefits come with significant ethical, regulatory, and procedural challenges, including competency concerns and AI “hallucinations,” data confidentiality risks, algorithmic bias, and the environmental impact of AI-driven computing. This Note critically examines the evolving role of AI in legal practice and evaluates the inadequacies of existing regulatory frameworks—such as Rule 11 of the Federal …

Sticks And Blackstone: Regulatory Takings And The Definition Of Property, Maryann Herman

West Virginia Law Review

When private property is subject to regulation, courts sometimes find that it effects a taking requiring just compensation under the U.S. Constitution. This Article explains that what is deemed a regulatory taking can depend on the definition of property the court applies. There are two predominant ways property is defined: either as a bundle of rights or as a person’s dominion over a thing. The bundle of rights, or bundle of sticks, definition conceives of property as a collection of various, discrete rights held by a property owner and others in relation to a thing. These rights can be disaggregated …

Community Lawyering In Coal Country: Empowering Those Who Power America, Gregory Robertson

West Virginia Law Review

Despite the intense and prolonged efforts of thousands of activists in the 1960s and 1970s to obtain safer working conditions for coal miners, pneumoconiosis rates, disease that develops as a result of inhalation of particle material, is on the rise. The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo has shaken the ground upon which administrative agencies’ ability to promulgate rules to protect miners rests. This Note profiles a handful of attorneys, archetypes of community lawyering, who advocated for Appalachian coal miners during the height of the Black Lung Movement and continue to do so today. Through conversations with …

Overlooking The Trees For The Forest: A Look Into California's Cap-And-Trade Policy Shortcomings, Zachary Rohrbaugh

West Virginia Law Review

Cap-and-trade programs have grown in political popularity over the past few decades, primarily as a means of addressing climate change and mitigating greenhouse gas emissions. The idea behind these programs is that the government sets a certain cap for emissions that businesses or entities are not allowed to exceed. These businesses or entities receive permits allowing them to pollute up to this capped level. If the business or individual does not use all their allotted permits, they are able to sell their extra to others who might need extra because they exceeded their cap. Although these programs have increased in …

Adapting Peer Review Of Electronic Search Strategies For Single-Concept Hedges: Introducing Press-H, Jenn Ann Monnin, Lynn Kysh

Faculty & Staff Scholarship

No abstract provided.

Protecting Those Who Protect Us: A Blueprint For Mandatory Mental Wellness Standards For First Responders, Joy Hutchinson

Faculty & Staff Scholarship

First responders, including firefighters, law enforcement officers, emergency medical technicians (EMTs), dispatchers/telecommunicators, and corrections officers, serve as the backbone of public safety in the United States. Their work requires rapid decision-making, repeated exposure to traumatic events, and sustained emotional regulation in high-stakes environments (Hoell et al., 2023; Vig et al., 2020). Despite their critical roles, mental health support across these professions remains inconsistent, optional, and largely reactive rather than preventative, with many systems relying on self-referral only after crisis onset (Burke, 2021; Johnston et al., 2025).

Between 2021 and 2025, U.S.-based research has documented alarming levels of burnout, depression, anxiety, …

Estimating Corporate Investment Efficiency With Bias Correction: A Semiparametric Panel Model Approach, Taining Wang, Zhao Wang, Feng Yao, Subal C. Kumbhakar

Economics Faculty Working Papers Series

Empirical studies often use the residuals from ordinary least squares regression models to represent certain discretionary or unexpected components and then regress these residuals on potential determinants. However, this two-step approach has been criticized for leading to biased estimates, invalid inferences, and unreliable empirical results. This paper shows that the shortcomings of the two-step approach and alternative existing methodologies are retained and even more pronounced when analyzing inefficient corporate investment. To address these shortcomings, we propose a novel semiparametric model tailored for investment efficiency analysis. Our model effectively mitigates estimation bias caused by inappropriate model design or misspecified model structure, …

Preparing The Professional: Selected Uses Of Digital Audio Workstations In Applied Tuba Studios, Reid Timothy Cox

Graduate Theses, Dissertations, and Problem Reports (ETD)

The modern music job market calls for musicians to cultivate and engage with a diverse range of area interests and skillsets. Collegiate music programs provide opportunities to prepare students professionally, yet programs have traditionally fallen behind changes in the job market. One way that music faculty within higher education can help prepare students to succeed after graduation is by teaching students to engage with digital audio workstations, also known as DAWs. Using DAWs, students can gain new practice tools, as well as learn skills that are helpful in a number of musical careers. This is of particular use to the …

Congolese Journalists: Professional Identity And Legitimacy, Hannah L. Heiskell

Graduate Theses, Dissertations, and Problem Reports (ETD)

This paper examines how Congolese journalists construct their professional identity

and legitimacy while working under conditions of conflict and state pressure, and how

international media outlets discursively represent them through Western journalistic norms.

Addressing previous research and centering local perspectives, this study uses critical

discourse analysis to compare language, framing, and narratives across Congolese and

international media texts, and the works in which they produce. Attention is given to how

agency, professionalism, and constraint are represented within each discourse. The analysis

focuses on metajournalistic discourse, or journalism talking about journalism, to examine

how professional norms and boundaries are articulated and …

Three Essays On Urban Transportation, Daniel Amorim Souza Centuriao

Graduate Theses, Dissertations, and Problem Reports (ETD)

Urban environments are shaped by dynamic interactions between infrastructure development, policy interventions, and episodic demand shocks, all of which can generate unintended externalities in the form of motor vehicle collisions, injuries, and fatalities. This dissertation investigates the determinants of traffic safety in dense urban settings, with a particular focus on how different sources of urban activity affect collision risk and severity. Using New York City as a case study and leveraging high-resolution spatial and temporal data, I examine three distinct but interconnected mechanisms: construction activity, traffic safety policies, and large-scale events.

The first chapter analyzes the impact of urban development, …

Evaluation Of Brook Trout (Salvelinus Fontinalis) Thermal Tolerance And Projected Climate Change Effects On Headwater Brook Trout Population Persistence, Cory Bauerlien

Graduate Theses, Dissertations, and Problem Reports (ETD)

Climate change has been identified as one of the greatest threats to global biota in recorded human history. Consequences are expected to be more pronounced in ectotherms because most of their physiology is controlled by external temperature conditions. Predicting how ectotherms may respond to increasing global temperatures necessitates information about thermal limits of thermal sensitive species and how increasing temperatures may affect individual and population-level fitness. Therefore, the objectives of this research were aimed at gaining a better understanding of the mechanisms that underpin thermal tolerance limits of fish and how those mechanisms may affect fitness and population persistence under …