Digital Commons Network^™

Erisa: Fumbling The Limitations Period, George Lee Flint Jr

Faculty Articles

The Supreme Court designed the LMRA rule, adopted in 1966, based on legislative history suggesting that the LMRA lacked a need for uniformity in litigating employee benefit plan matters. Congress changed this conclusion when it adopted ERISA in 1974. Thus, Congress preempted state law insofar as it relates to employee benefit plans. The Supreme Court has specifically stated that this need for uniformity extends to ERISA causes of action and awards under them. The Supreme Court spelled out a three-step process to determine whether to use a uniform federal statute of limitations: (1) whether the federal cause of action demands …

Cybersecurity, Identity Theft, And The Limits Of Tort Liability, Vincent R. Johnson

Faculty Articles

Tort law is the best vehicle for allocating the risks and spreading the costs of database intrusion. It can incentivize database possessors (“possessors”) and data subjects to minimize the harm associated with breaches of database security while also balancing each party’s interests. Life is built upon computerized databases and the information of those databases is subject to hackers and other cyber-threats, which can cause catastrophic damage. It is hard to identify hackers; however, a better object for recovery is likely the possessors who fail to prevent or reveal a security breach.

The law governing database possessors’ liability is far from …

Curiouser And Curiouser: Involuntary Medications And Incompetent Criminal Defendants After Sell V. United States, Dora W. Klein

Faculty Articles

The government should not place a defendant to whom it is administering involuntary medications in front of a jury. The test the Supreme Court created in Sell v. United States will likely result in the administration of involuntary medications to incompetent defendants in more than rare instances. Given the importance of the right to a fair trial, and the threat to this right posed by administering involuntary medications, the Supreme Court understandably cautions in its decision in Sell that the instances in which the government will be justified in administering such medications for the purpose of rendering a defendant competent …

The Growing Role Of Fortuity In Texas Criminal Law, Gerald S. Reamey

Faculty Articles

Texas’ recent departure from culpability based crimes now means luck plays a bigger role in the punishment for these crimes. Texas has departed from the traditional notion of punishment based on individual fault, and has arrived at a place where these “new” ways of conceptualizing criminal responsibility adequately and satisfactorily account for the interests served by a more restrictive definition of criminal fault. Traditionally, criminal responsibility attached only when mens rea combined with volitional conduct--or the withholding of some required act--to produce a public harm.

In Texas, there seems to be a trend to punish actors for the harm they …

Solving The Williams Puzzle, Kyron J. Huigens

Articles

In the 1949 case of Williams v. New York, the United States Supreme Court approved of judicial factfinding as a feature of discretionary sentencing. The Court's more recent ban on judicial factfinding in determinate sentencing systems would seem to apply to discretionary sentencing systems as well, implying that Williams is no longer good law. If a sentencing judge may find facts in the exercise of discretionary sentencing as a matter of due process, then a legislature's attempt to introduce rule-of-law values into sentencing by creating a determinate sentencing regime hardly seems to call for constitutional limitations on judicial factfinding. And …

Assessing The Effects Of Momentary Priming On Memory Retention During An Interference Task, Paul Cameron Schutte

Theses and Dissertations

A memory aid, that used brief (33ms) presentations of previously learned information (target words), was assessed on its ability to reinforce memory for target words while the subject was performing an interference task. The interference task required subjects to learn new words and thus interfered with their memory of the target words. The brief presentation (momentary memory priming) was hypothesized to refresh the subjects' memory of the target words. 143 subjects, in a within subject design, were given a 33ms presentation of the target memory words during the interference task in a treatment condition and a blank 33ms presentation in …

Infant Oral Health: A Survey Of General Dentists, Pediatric Dentists, And Pediatricians In Virginia, Rhea Delcastillo Davis

Theses and Dissertations

Purpose: The purpose of this study was to examine the knowledge, attitudes, and experiences related to infant oral health for both dental and medical providers.Methods: A survey of infant oral health care was sent to 300 randomly selected general dentists, 300 randomly selected pediatricians, and all pediatric dentists in Virginia. The survey contained questions regarding the providers' routine infant oral health care regimen. In addition demographic data from the provider was collected. Responses to the questionnaire were tabulated and percent frequency distributions for responses to each item computed. Percents for all items were based on the total number of respondents …

Influences On Career Self-Efficacy: Examining Attachment, Anya Elizabeth Moon

Theses and Dissertations

This study examined the influences of attachment style and level of optimism on career self-efficacy. It was hypothesized that level of optimism moderates the relationship between attachment style and career self-efficacy. Participants were 173 college students who completed the Experiences in Close Relationships (ECR; K.A. Brennan, C.L. Clark, & P.R. Shaver, 1998), the Life Orientation Test - Revised (LOT-R; M. Sheier, C. Carver, & M. Bridges, 1994), and the Career Decision-Making Self-Efficacy - Short Form (CDMSE-SF; N. Betz, K. Klein, & K. Taylor, 1996). The moderator model was not supported, but hierarchical regression revealed a positive relationship between optimism and …

Defending Defense: Circular Arguments About Artmaking, Ryan Mulligan

Theses and Dissertations

This paper is a critical look at video and performance arts intrinsic relationship to culture. Investigations of storytelling, personal mythology, fear, and image saturation. Think-pieces on the nature of art in an entertainment society. Juggling a brief overview of various works and their relation to over arching themes of game theory, dark humor, and fascination with media. An in depth look at the process of the thesis show, "Defense is the Best Defense." Multiple takes on the thesis exhibit counterbalance the need for contemporary art to include description. This paper is a detailed look at the process of Ryan Mulligan's …

Assessing The Relationship Between Socioeconomic Variables And Risk Of Overweight Among Children 6 Years Of Age, Marilyn Cochon Batan

Theses and Dissertations

Background: The percentage of overweight children has tripled in the last thirty years. Inconsistent findings are published regarding the relationship between socioeconomic variables and being overweight in childhood.Objective: To determine whether socioeconomic variables are associated with risk of being overweight among six year olds. Methods: Six year olds with BMI data were selected from the National Survey of Children's Health (n=4,362). Variables were coded and a low socioeconomic index was created. Using population weights, descriptive statistics were generated and regression was utilized to assess the relationship between socioeconomic variables and being 'at risk' for overweight. Socioeconomic variables were also compared …

Material And Acoustic Properties Of Swimbladders Of Tilapia And Channel Catfish, Mohammed Ali Nawaz

Theses and Dissertations

Acoustically, teleost swimbladders have been considered resonant underwater bubbles. Contrary results indicating that bladders are tuned less sharply than such a bubble have been explained by damping of surrounding fish tissue. Recent findings in toadfish and weakfish, however, suggest that the bladder is a highly damped structure and that the frequency of the fish sounds is deternlined as a forced response to sonic muscle movement rather than by resonance of the bladder. In this study I examined acoustics and material properties of swimbladders in Tilapia (an auditory generalist) and the channel catfish (an auditory specialist). The swimbladder was struck with …

Variations In Quality Outcomes Among Hospitals In Different Types Of Health Systems, Askar S. Chukmaitov

Theses and Dissertations

Although prior research has found differences in costs and financial performance across different types of hospital systems, there has been no systematic study of variations in patient quality of care or safety indicators across different systems. Our study examines whether five main types of health systems - centralized (CHS), centralized physician/insurance (CPIHS), moderately centralized (MCHS), decentralized (DHS), and independent (IHS) - as well as other hospital characteristics are associated with differences in quality of patient care. Data were assembled for 6 years (1995 - 2000) from multiple sources. We used 4 AHRQ risk adjusted inpatient quality indicators (IQIs) and 5 …

Art From Nature, Linda Jean Huffman Walker

Theses and Dissertations

Seeing beauty in the simplest aspects of nature inspires me to create art as a testament to our world. Being raised on a farm in rural Virginia gave me an appreciation of a reverence for all life. The inherent forms along with color and value establish nature as the master of aesthetics. An early introduction to Japanese art showed me that all nature was worthy and significant as subjects for art. Using materials derived from nature, cotton, linen, wool, silk, adds a tactile quality that I believe elevates the enjoyment of art.

Ischemic Preconditioning Protects Adult Rat Cardiomyocytes Against Necrosis But Not Apoptosis, Via Activation Of Pkg, Marc J. Caligtan

Theses and Dissertations

The role of cyclic guanosine monophosphate (cGMP) dependent protein kinase (PKG) in necrotic and apoptotic pathways of many cell types is well established; however its role in the ischemic preconditioning (IPC) of cardiomyocytes is not clearly defined. In the current study, we assessed the hypothesis that PKG protects against cell death following ischemidreperfusion injury in myocytes subjected to IPC. Freshly isolated adult rat ventricular myocytes were subjected to IPC by incubating in ischemic buffer for 30 minutes (min) followed by incubation in normal medium for 30 min. Prolonged simulated ischemia (SI) was created by incubating myocytes in the ischemic buffer …

Characterization Of Electrosprayed Poly(Vinylidene Fluoride)/Cnt Nanocomposite, Ihab Maher Abdelsayed

Theses and Dissertations

PVDF, Poly(vinylidene fluoride), is a polymer that has been studied for over four decades due to its good electromechanical properties, stability, and durability in various environments. Currently, PVDF is the only commercially available piezoelectric polymer. PVDF is a polymorph, which indicates the presence of several crystalline phases such as α, β, γ, and δ-phase. Oriented β-phase PVDF exhibits ferroelectric properties and displays the largest piezoelectricity amongst the four phases, which makes it the most desirable phase. Preparing oriented β-phase PVDF is a multi-step process, which is cost intensive, due to the time, labor and energy utilized. The main goal of …

Building Hypertext In The Elementary School Art Classroom: An Integrated Approach To Learning And Curriculum, Talitha Church

Theses and Dissertations

In response to the many demands and pressures faced by both students and teachers in public schools, the art teacher in this action research study searched for ways to change her teaching practices to facilitate active inquiry. She utilized Thinking Maps®, a specialized form of graphic organizers, and Inspiration®, a hypertext linking program to promote interdisciplinary teaching and learning. The goals of the study were to increase student engagement, improve learning, and promote higher order thinking in elementary school art classes. The target group was comprised of the third grade students at Saunders Elementary School in Newport News, Virginia. Each …

Long Walk In Flight School, William H. May Iv

Theses and Dissertations

Long Walk in Flight School is a document intended to complement a body of artwork that includes photographs, giclee prints, animation, and a twenty two page book of images. The main focus of the text is to discuss two types of exchange; my energy with tools in exchange for an object or event, which is then exchanged in the imagination of the audience for something else, a hybrid thing. These exchanges are part of the performance or presentation of the work. Beginning with a brief description of intent at the start of graduate school, it traces my development as an …

Electromechanical Characterization Of Poly(Dimethyl Siloxane) Based Electroactive Polymers, Wrutu Deepak Parulkar

Theses and Dissertations

The main objectives of this thesis are 1) to evaluate the effect of cross-linking polar cyano phenyl (CN) groups on poly (dimethyl siloxane) (PDMS) and 2) to characterize the electromechanical properties of the resulting CN-PDMS blend as an electroactive actuator. Materials responding to an external stimulus are referred to as electroactive materials. There are several phenomena, which govern the mechanism in these materials, such as piezoelectricity, Maxwell's effect, ferroelectricity, electrostriction to name a few. These electroactive materials can be employed in several applications such as biomedical devices, robots, MEMs, aerospace vehicles, where the application is governed by the specific mechanism. …

Numerical Modeling Of Synthetic Jets In Quiescent Air With Moving Boundary Conditions, Nicholas D. Castro

Theses and Dissertations

Flow control is a key factor in optimizing the performance of any vehicle moving through fluids. Particularly, in aerodynamics there are many potential benefits for implementing synthetic jets to achieve aircraft designs with less moving parts, uper- maneuverability, and separation control for fuel economy. Piezoelectric synthetic jets are of special interest because of their lightweight and low power consumption. Numerous publications on such jets are available. Actuator properties and boundary conditions relevant to this particular application however are often overlooked. The focus of this project is to numerically model synthetic jets in quiescent air to study the influence of cavity …

Co-Parenting In Intact And Divorced Families: Its Impact On Young Adult Adjustment, Jill A. Ferrante

Theses and Dissertations

Co-parenting is the ideal parenting relationship after divorce, characterized by involvement of both parents in all decisions regarding their children. Children who report that their parents demonstrate healthy co-parenting are generally better adjusted than their peers who experience unhealthy co-parenting. The present study examined the potential mediating roles of co-parenting and parenting practices upon the relationship between marital status and young adult adjustment. Data were analyzed via structural equation modeling. Participants were 340 undergraduate students from intact and divorced/separated families. Data were obtained via questionnaires that tapped a range of adjustment factors (i.e., mental health, fear of intimacy, work ethic, …

Playing To Learn, John Stanko

Theses and Dissertations

This creative project explores some major issues about visual communication in digital games. The project will continue to address new questions and invite questions from my visual and communication design colleagues. My hope is that, through this document, designers will see digital games like photography was seen around the turn of the century, and movies in the 1950's and 60's. In other words, as a rich new medium that offers creative people a virtually unexplored environment in which to work and create.�

The Explosive Cleric: Morgan Godwyn, Slavery, And Colonial Elites In Virginia And Barbados, 1665-1685, John Fout

Theses and Dissertations

Historians often describe how the ideas of national identity, race, religious affiliation, and political power greatly influenced the development of societies in colonial America. However, historians do not always make clear that these ideas did not exist independently of one another. Individuals in colonial Americans societies often conflated and incorporated one or more of these ideas with another. In other words, individuals did not always think of national identity and race and religious affiliation as independent entities. The specific case of the Reverend Morgan Godwyn illuminates just how connected these ideas were in the minds of some colonial Americans. As …

The Study Of The Effect Of Drugs Of Abuse On Protein Kinase A Activity In Mouse Brain And Spinal Cord, George D. Dalton

Theses and Dissertations

Morphine and Δ9-THC are drugs that produce analgesia and rewarding effects. However, chronic treatment with morphine and Δ9-THC produces problematic side-effects including tolerance and physical dependence. The cellular mechanisms underlying opioid and cannabinoid antinociceptive tolerance have been studied for years. Research has demonstrated that the expression of morphine and Δ9-THC antinociceptive tolerance may be mediated through intracellular signaling pathways, such as the adenylyl cyclase /Protein Kinase A (PKA) cascade. The present study investigated the role of PKA in the expression of morphine and Δ9-THC antinociceptive tolerance. Male Swiss Webster mice were treated chronically with morphine or Δ9-THC and the warm-water …

Predictors Of Sun Protection Practices Among Adult Women In The United States, Anne Ridgely Minter

Theses and Dissertations

Background. Skin cancer is the most common form of cancer in the United States. The main modifiable risk factor for skin cancer is exposure to excessive sun and UV radiation. More than 90% of all skin cancers are known to be caused by sun exposure. However, studies on excessive sun and UV exposure are limited. The purpose of this study was to examine risk and protective factors affecting sun protection behaviors of adult women in the United States. Methods. Data on U.S. adult women (n=17,425) from the 2003 National Health Information Survey (NHIS) was analyzed. Sun protection behaviors were assessed …

The Effect Of Traumatic Brain Injury On Expression Levels Of Ankyrin-G In The Corpus Callosum And Cerebral Cortex, Andrew S. Vanderveer

Theses and Dissertations

The ankyrins comprise a family of proteins serving as components of the membrane cytoskeleton, and participate in a diverse set of associations with multiple binding partners including the cytoplasmic domains of transporters, ion channels, some classes of receptors, and cell adhesion proteins. Moreover, evidence is accumulating that ankyrin participates in defining functionally distinct subcellular regions. The complex functional and structural roles of ankyrins indicate they are likely to play essential roles in the pathology of traumatic axonal injury. The current study examined changes in ankyrin-G expression following a moderate central fluid percussion injury administered to adult rats. At 1d, 3d, …

Paragon/Paragone: Raphael's Portrait Of Baldassare Castiglione (1514-16) In The Context Of Il Cortegiano, Margaret Ann Southwick

Theses and Dissertations

This thesis argues that Raphael's portrait, Baldassare Castiglione, is three portraits in one: 1) a "speaking likeness" of the subject, 2) a portrait of the "perfect" courtier, and 3) a "shadow" portrait of the Court of Urbino in the early sixteenth century. The formal analysis of the painting is presented in the context of the paragone of word and image expounded by its subject in his masterpiece, Il Cortegiano. Both author and artist demonstrate the concepts of sprezzatura (an artful artlessness) and grazia (graceful elegance) in the creation of their portraits, as well as avoidance of affetazione (affectation). It is …

Child's Temperament And Conscious Sedation Outcomes, Jennifer Mark Dixon

Theses and Dissertations

The purpose of this study was to investigate the role of child temperament and its effect on the outcome of conscious sedation using the following agents: Chloral Hydrate (35mg/kg), Meperidine (2mg/kg), and Hydroxyzine (2mg/kg).The Emotionality, Activity, Sociability (EAS) Temperament Survey for Children was used to measure the child's temperament. The temperament survey measures three realms (Emotionality, Activity, Sociability/Shyness). The sedation outcomes were rated using the modified North Carolina Behavior Rating Scale (NCBRS) from 1-4 (Quiet, Annoyed, Upset, and Wild). The final sample population consisted of 34 children, 24 girls (71%) and 10 boys (29%), ranging in age from 0-9 years …

Psychosocial Adjustment Of Adolescent Cancer Survivors: Time Perspective And Positive Emotions As Mediators To Quality Of Life And Benefit Finding, Matthew John Bitsko

Theses and Dissertations

Adolescents with cancer are surviving at improved rates with levels of psychopathology in line with their healthy peers. Thus, recent psycho-oncology research is focusing on finding significant predictors to their positive adjustment and psychosocial functioning. The author examined adolescent cancer survivors (n = 50; diagnosis age = 10 – 21; 2 – 10 years post-diagnosis) to test the mediation effects of positive emotionns (satisfaction with life, subjective happiness, and optimism) and time perspective on the outcome variables quality of life and benefit finding with demographic/medical variables (gender, number of treatments received for cancer, and previous psychotherapy) as independent variables. Results …

Help-Seeking For Depression In Rural Women: A Community Portrait, Vicky Mitchell Fisher

Theses and Dissertations

This study was conducted with fourteen participants who lived in a rural Virginia community. The focus of the study was exploration of the nature of the experience of depression and of help-seeking for depression in one rural woman and in her community social network. The need for exploration of the community social network was influenced by the DeFacto Services Model of Rural Mental Health, which emphasized the influence of community factors in making decisions to seek mental health care. Findings of the study included the following themes, which related to the nature of depression: 1) linkage of experiential depression to …

Measuring Community Consensus In Facial Characterization Using Spatial Databases And Fuzzy Logic, James Lee Mastros

Theses and Dissertations

Spatial databases store geometric objects and capture spatial relationships that can be used to represent key features of the human face. One can search spatial databases for these objects, and seek the relationships between them, using fuzzy logic to provide a natural way to describe the human face for the purposes of facial characterization. This study focuses on community perception of short, average, or long nose length. Three algorithms were used to update community opinion of nose length. All three methods showed similar trends in nose length classification which could indicate that the effort to extract spatial data from images …