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The Opportunity To Learn: Identification And Measurement Of School Conditions That Contextualize Student Achievement, Amy L. Burns

Open Access Dissertations

Current educational accountability systems, which are based primarily on school-aggregate and student subgroup results of annual achievement testing, fail to address two fundamental and interrelated issues at the school level: the identification of opportunity-to-learn (OTL) conditions that impact how students perform and the measurement of these conditions for longitudinal school improvement. Three factors which emerge from review of literature as influential OTL conditions are instructional quality, parent involvement, and school climate. A reliable method for determining the existing levels of these OTL factors in schools is sought as a means of gauging school progress over time that does not depend …

A Concurrent Validation Of The Violence Sensitivity Scale, Jonathan Corey

Open Access Dissertations

A correlational concurrent validity study of the Violence Sensitivity Scale (VSS) was conducted in which respondents (N=169) also completed the Nonviolence Test (NVT), the Attitudes Toward Violence Scale (ATVS) and the Marlowe-Crowne Social Desirability Scale (MCSD). The VSS was significantly positively correlated with the NVT and MCSD, and significantly negatively correlated with a transformed ATVS distribution. Principal Factors Analysis limited to four, factors assigned 23 of 38 VSS behaviors to the same factors as in a previous study. Multiple regression tests found the NVT and MCSD to be significant predictors of VSS and VSS subscale scores. Demographic variables were examined …

Forest Management In The Presence Of Harvest Restrictions Around Vernal Pools: A Metaheuristic Approach, Gabriela Dobrot

Open Access Dissertations

The primary objective of this research is to model the economic opportunity costs of alternative harvest restrictions aimed at conserving and sustaining ecological functions of vernal pools. The simulations performed incorporate a series of economic and ecological factors in order to determine: alternative configurations of canopy cover around the ponds which could produce similar adoption costs, in both a non-spatial and a spatially defined forest structure, optimal harvest schedules when a mix of tree species is being introduced on the studied landscape, as well as the sensitivity of this schedule to different stumpage prices. Methodologically, the results in this study …

Coping With Everyday Classism: Experiences Of Low-Income People In A Southeastern Rural Community, Susan Faye Ritz

Open Access Dissertations

The present research provided an in-depth look at experiencing and coping with everyday classism in a sample of low-income people in a mid-size southeastern rural United States community. The study employed a qualitative methodology consisting of semi-structured interviews and analyzing the collected data using Grounded Theory Method. Of 50 participants selected for an interview, 40 described experiences with classism, each discussing two incidents, for a total of 80 incidents shared. Seven of the remaining 10 participants felt that they had not experienced classism, but at the same time, they provided insight into one proactive coping strategy that they appeared to …

Chemistry Of Antibiotics From Atlantic Actinomycete And Bacillus Bacteria, Aaron Martin Socha

Open Access Dissertations

The emergence of drug-resistant pathogens requires the use of innovative therapeutic agents. Hospital-acquired (nosocomial) infections represent major health and economic burdens for patients and health care professionals. In the United States over 1 million nosocomial infections are caused by drug-resistant bacteria anually, with associated expenditures ranging from $4 to $30 billion. Methicillin-resistant Staphylococcus aureus (MRSA) commonly shows reduced susceptibility to β-lactam, peptide, macrolide, aminoglycoside, tetracycline, and lincosamide classes of antibiotics. The emergence of vancomycin-resistant enterococci (VRE) is even more alarming since glycopeptide antibiotics were once considered the drugs of last resort. Moreover, community-acquired MRSA infections are spreading out of the …

Patients Without Borders: The Emerging Global Market For Patients And The Evolution Of Modern Health Care, Nathan Cortez

Faculty Journal Articles and Book Chapters

This article addresses the unique legal, policy, and ethical questions that arise when patients travel to foreign jurisdictions for medical care. A growing number of patients are leaving the United States, and employers, insurers, and even government payors are beginning to explore whether they can reduce spending by utilizing hospitals and physicians in developing countries. Because this is a dramatic leap, it has generated countless media stories, and has drawn attention from the WHO, WTO, World Bank, and U.S. Senate - many of which believe so-called medical tourism may transform health care here and abroad.

Despite this attention, the market …

Design And Evaluation Of Nucleoside Derivatives For Targeted Drug Delivery And Therapeutic Applications, Hitesh Kumar Agarwal

Open Access Dissertations

2',3'-Dideoxynucleoside analogs are commonly used as anti-HIV, anti-HBV, and anti-cancer drugs. Despite of their potent activities, there are some major limitations in using 2',3'-dideoxynucleosides as therapeutic agents. The nucleosides have usually poor cellular uptake because of their hydrophilic nature. Some of the nucleoside analogs, such as anti-HIV agents, become ineffective after multiple administrations because of the development of the drug resistance, and therefore they must be administered in combination therapy. It is hard to deliver the nucleoside analogs to a particular tissue for site specific targeting. Furthermore, nucleoside analogs undergo three intracellular phosphorylation steps to become active. The first phosphorylation …

Judicial Hellholes, Lawsuit Climates, And Bad Social Science: Lessons From West Virginia, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

The American Tort Reform Association (ATRA) was founded in 1986 by the American Medical Association and American Council of Engineering Companies, and now has hundreds of corporate members. Every year, ATRA releases a list of Judicial Hellholes: court systems alleged to be unfair to defendants. The name is definitely catchy: the thought of a judicial hellhole invokes images of Kafka, Satan and the Queen of Hearts. No wonder ATRA's hellhole campaign has embedded itself in media vocabulary. And no wonder state courts and state legislatures bend over backwards to get out from under the hellhole label. Similarly, the U.S. Chamber …

The Relationship Between Self-Efficacy And Decisional Balance For Stress Management And Exercise Behavior In An Adolescent Population: A Cross-Lagged Panel Analysis, Catherine Stephan

Open Access Dissertations

In the world of increasing levels of stress and declining rates of exercise in today's youth, the development of effective intervention strategies for stress management and exercise behavior is crucial for the promotion of healthy physical and mental health lifestyles in adolescent populations. Utilizing Grant's Model of Adolescent Psychopathology and key theoretical constructs from the Transtheoretical Model of Change (TTM), this study examined the relationship between self-efficacy and decisional balance measures within and across two target behaviors (stress management, exercise). The current study included 996 high school students from the state of Rhode Island who participated in a larger four-year, …

The Antitrust Legacy Of Justice William O. Douglas, C. Paul Rogers Iii

Faculty Journal Articles and Book Chapters

This Article will attempt to further define and refine Justice Douglas' antitrust philosophy by examining his written opinions and writings. It will then attempt to measure that philosophy's effect on the Supreme Court during his tenure and its contemporary impact in the context of the rapidly shifting antitrust doctrine of the last thirty years or so.

Something Old, Something New: Civic Virtue And The Case For Same-Sex Marriage, Tiffany C. Graham

Scholarly Works

In 1993, the Supreme Court of Hawaii issued a decision that forced the question of same-sex marriage from the hinterland of academic speculation to the front pages of newspapers all over the country. The nation was stunned when the court in Baehr v. Lewin held that same-sex marriage might be compelled by the state constitution of Hawaii. Since the Baehr decision, same-sex marriage has received a significant amount of attention. Many states have passed “baby DOMAs,” all of which limit marriage to the union of a man and a woman. In addition, several states have passed constitutional amendments that accomplish …

Are Law Schools Racist?: A "Talk" With Richard Delgado (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik

Scholarly Works

No abstract provided.

In Memoriam: Professor Joseph J. Beard, Douglas D. Scherer

Scholarly Works

No abstract provided.

Land Use Law And Active Living: Opportunities For States To Assume A Leadership Role In Promoting And Incentivizing Local Options, Patricia E. Salkin, Amy Lavine

Scholarly Works

Obesity, asthma and nutrition are just three public health challenges facing children and adults that can be addressed through land use planning and zoning. States must take a leadership role in providing statutory authority and guidance for local governments to enact and implement laws and ordinances designed to promote active living. Land use policies, transportation policies, redevelopment policies and open space and recreation policies are key areas where reform is needed. This paper highlights existing examples from various states and offers lawmakers, policymakers and advocates options for reforming state laws to incentivize and influence local actions.

Law Of The Land – Year In Review, Patricia E. Salkin

Scholarly Works

This column reviews trends and interesting cases in land use law as reported on “Law of the Land” during the last half of 2007. “Law of the Land” is a blog created to be of interest to land use lawyers, planners, developers, professors, and students. The blog is updated daily with a review of a recent land use case decided by a state or federal court. In addition, the site has reported on relevant gubernatorial executive orders, offered book reviews, and occasionally starts a discussion on current events issues, such as climate change and has led to robust debate about …

Civil Rights And Related Decisions, Eileen Kaufman

Scholarly Works

This article analyzes two cases from the October 2006 Supreme Court Term, Ledbetter v. Goodyear Tire & Rubber Co. and Gonzales v. Carhart. The cases have much in common, even though Ledbetter concerns pay disparity claims based on gender and Gonzales concerns second trimester abortions. Both are five-four decisions which demonstrate how profoundly the appointment of Justice Samuel Alito to occupy Justice Sandra Day O'Connor's seat has affected the balance of power on the Court. The net result of this shift has been a devastating setback for women's rights. Both decisions prompted Justice Ruth Bader Ginsburg to uncharacteristically read aloud …

Credit Derivatives Market Design, Creating Fairness And Sustainability, Janis P. Sarra

All Faculty Publications

Now that the first wave of the financial crisis has been resolved through the coordinated efforts of regulators and banks, it is important to address some of the systematic weaknesses of the current financial system. One such weakness is the inappropriate incentive effects of the market for credit derivatives, and in particular, for credit default swaps. As a risk management tool, credit derivatives were originally an effective means of diversifying lending risk. Credit derivatives have worked to cover exposures where there have been credit events of the underlying reference entities. To date, the global market for derivatives has operated largely …

Carbon Taxation In British Columbia, David G. Duff

All Faculty Publications

Among alternative public policies to reduce emissions of carbon dioxide and other greenhouse gases (GHGs), environmental taxation represents a promising but often under-utilized approach-particularly in North America where the introduction of any new tax involves enormous political challenges. In Canada, however, British Columbia became the first North American jurisdiction to implement a consumption-based environmental tax specifically designed to reduce GHG emissions when BC's provincial government enacted a carbon tax effective July 1, 2008.

This paper provides a general overview and initial evaluation of British Columbia's carbon tax, explaining the background to the announcement of the tax in the Provincial Government's …

The Boundaries Of The Criminal Law: The Criminalization Of The Non-Disclosure Of Hiv, Isabel Grant

All Faculty Publications

In this paper, the author examines the trend toward the increased criminalization and punishment of persons with HIV who fail to inform their sexual partners of their HIV-positive status. Since the Supreme Court of Canada's decision in R. v. Cuerrier, such behaviour may constitute aggravated assault or aggravated sexual assault, the latter offence carrying a maximum sentence of life imprisonment. The paper surveys the Canadian case law and highlights the trend towards the imposition of increasingly harsh sentences. After reviewing public-health and criminal law options for dealing with non-disclosure of one's HIV status, the author concludes that criminal law should …

The Roles Of Standardization, Certification And Assurance Services In Global Commerce, Margaret M. Blair, Cynthia A. Williams, Li-Wen Lin

All Faculty Publications

In this article we examine the rapid emergence and expansion of standardized product and process frameworks and a private-sector compliance and enforcement infrastructure that we believe may increasingly be providing a substitute for public and legal regulatory infrastructure in global commerce. This infrastructure is provided by a proliferation of performance codes and standards, many of which define acceptable social and environmental behavior, and a rapidly-growing number of privately-trained and authorized inspectors and certifiers that we call the third-party assurance industry. We offer reasons for this development, evidence of its scope and scale, and then describe the phenomenon in more detail …

Resources Available For Review, Phyllis Fox

The Christian Librarian

No abstract provided.

Resources Available For Review, Phyllis Fox

The Christian Librarian

No abstract provided.

Firefighter Health: A Pilot Study Of Firefighter Health Surveillance, Robert Graham, Sara Pyle, C. Keith Haddock, Walker Poston, Richard Suminski, Alan Glaros

Faculty and Staff Publications

Recent research on health and wellness has suggested that firefighters are at increased risk for health concerns (e.g., cancer, heart disease). Limited information is available about the prevalence and role of modifiable risk factors such as health behaviors related to tobacco use, physical activity, and nutrition in this population. The current study reports findings of a cross-sectional survey of firefighters that investigated issues such as health status, health practices related to substance use, and lifestyle factors.

Insights From The Field: Perceptions Of In-Home Interventionists Working In Appalachian Maryland., Benjamin T. Brauer

Graduate Theses, Dissertations, and Problem Reports (ETD)

As No Child Left Behind continues to impact public K-12 education, educators continue to seek new ways in which to reach out to at-risk students. Many school administrators and school interventionists are using in-home interventions to assist families in facilitating their child’s success. These interventions range from simply bringing instructional materials to the home of a frequently absent student, to facilitating the delivery of mental health services in the home. While school officials are taking on additional roles and responsibilities to try and meet the growing expectations placed on the public K-12 educational system, many feel that they are doing …

Is There Something Unique About Marriage? The Relative Impact Of Marital Status, Relationship Quality, And Network Social Support On Ambulatory Blood Pressure And Mental Health, Wendy C. Birmingham, Julianne Holt-Lunstad, Brandon Q. Jones

Faculty Publications

Background Having close social relationships and being married specifically have been reliably associated with health benefits including lower morbidity and mortality. Purpose The purpose of this study was to examine the influence of marital status, relationship quality, and network support on measures of psychological and cardiovascular health. Method We examined ambulatory blood pressure (ABP) among 204 married and 99 single males and females (N=303). Results We found that both marital status and marital quality were important. Married individuals had greater satisfaction with life (SWL) and blood pressure dipping than single individuals. High marital quality was associated with lower ABP, lower …

The Effects Of Residual Baylage Leachate On The Germination And Growth Of Orchardgrass (Dactylis Glomerata L.) And Red Clover (Trifolium Pratense L.)., Sheena R. Moore

Graduate Theses, Dissertations, and Problem Reports (ETD)

In early spring, areas of soil directly under baylage, spread for winter consumption by steers, is void of vegetation even after reseeding. This study was conducted to determine if: 1) residual baylage leachate is allelopathic to orchardgrass and red clover, 2) soil microorganisms have an effect on the toxicity of the leachate, and 3) toxicity decreases over time. Petri dishes, as well as potted soil/sand mixtures, were used to test for allelopathy. Leachate reduced seed germination and seedling length as compared to distilled water. There is evidence that soil microorganisms did not affect leachate toxicity. Toxicity of leachate to both …

The Effect Of Classroom Lighting On The Volume Of Classroom Sounds., Chad A. Skolny

Graduate Theses, Dissertations, and Problem Reports (ETD)

The present study determined the effect of classroom lighting on the volume of classroom sounds. The expected outcome was that reduced lighting would result in reduced volume of all sounds made by students during instruction. A third-grade class of 19 students served as the participants in the study. With mean and level making substantial changes between phases while variability and trend remained consistent, along with strong agreement among observers, the results demonstrated a decrease in volume of all sounds made by students when instruction occurred with dimmed lighting. The more teachers understand about the relationship between lighting and student performance, …

Impact Of Mine Land Reforestation And Revegetation On Water Quality In A Mid-Appalachian Watershed: A Stream Monitoring Study., Honghong Wei

Graduate Theses, Dissertations, and Problem Reports (ETD)

The Beaver Creek watershed, a Mid-Appalachian watershed, located in Tucker County, West Virginia, was heavily impacted by coal mining and subsequently reclaimed by reforestation and revegetation. A stream monitoring study was conducted from 2000 to 2006 for the streams in the watershed to investigate the impact of land reclamation by reforestation and revegetation on water quality and macroinvertebrates. GIS tools and multivariate statistical analyses were applied to characterize land cover; assess temporal trends of the stream conditions; and examine the linkages among water quality, land cover, and biotic condition. In the entire watershed, 16 % of land was disturbed mine …

Planning Past Steel: Examining Economic Conditions In Brooke And Hancock Counties, West Virginia., Jennifer L. Smith

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research examines the local impacts of capital flight on community members caused by the capitalist mode of production specifically through the decline of local steel production. Local conditions are assessed through qualitative research methods to describe the varying impacts and challenges faced by stakeholders within Brooke and Hancock Counties, West Virginia. Key informant interviews, focus group discussions, archival, and textual analysis research uncover issues of negotiated class struggle, impacts on local politics, and personal losses suffered within the communities. Additionally, how these impacts of capital flight are experienced by Brooke and Hancock Counties as a function of the capitalist …

Delay Discounting In Adolescent Substance Abuse And Juvenile Delinquency: A Comparison Of Measures Of Impulsive Behavior., Eric S. Grady

Graduate Theses, Dissertations, and Problem Reports (ETD)

Recent research in the areas of substance use and juvenile delinquency has revealed that impulsivity is a multi-dimensional construct. Additionally, researchers have expressed the need for more objective, behavioral measures of impulsive behavior. This study was conducted to examine how a delay-discounting procedure, continuous performance test and questionnaire-based measures of impulsivity relate to substance use and delinquent behavior. The sample was comprised of 42 adolescents (35 male) residing in an inpatient treatment facility for alcohol and substance use. The hyperbolic discounting function did not provide a good fit to the delay-discounting data. As such, the area under the curve (AUC) …