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Rethinking Adequacy Of Representation, Jay Tidmarsh

Journal Articles

This article questions the usefulness of traditional tests for adequacy of representation in class action proceedings. When determining whether to certify a class, courts have sought to avoid endorsing those classes marred by conflicting interests or the possibility of collusion. Yet, such conflicts of interest are an intrinsic characteristic of class actions, stemming from the very policy rationales that have prompted the judiciary to allow litigation by classes. As a result, the current doctrine of adequate representation has left the courts without a bright-line rule; instead, the courts' inquiries into adequacy of representation must focus primarily on the degree of …

The Root Of Dental Anatomy: A Case For Naming Eustachius The "Father Of Dental Anatomy"., Gregory W. Bennett

Journal Articles: College of Dentistry

When one considers the names of those whose affect on dentistry reached far beyond their lifetimes, one may think of Fauchard, Wells, Morton and Black. One name that deserves to be called among the pantheon of the greats is Bartholomaeus Eustachius. Eustachius was not the first to study the anatomy of the teeth and jaws, having been preceded by Da Vinci; however, he was the first to publish a treatise devoted entirely to this subject, Libellus de Dentibus, in 1563. As Sir William Osler, the father of modern medicine, stated: "In Science, the credit goes to the man who convinces …

Micrornas: Key Modulators Of Posttranscriptional Gene Expression., Steven P. O'Hara, Justin L. Mott, Patrick L. Splinter, Gregory J. Gores, Nicholas F. Larusso

Journal Articles: Biochemistry & Molecular Biology

No abstract provided.

Elevated Expression Of L-Selectin Ligand In Lymph Node-Derived Human Prostate Cancer Cells Correlates With Increased Tumorigenicity., Prakash Radhakrishnan, Ming-Fong Lin, Pi-Wan Cheng

Journal Articles: Biochemistry & Molecular Biology

Human prostate cancer LNCaP cells including C-33 and C-81 cells were originally derived from the lymph nodes of a patient with metastatic prostate cancer. These two cells were employed for characterization of L-selectin ligand and in vitro tumorigenicity, because they mimic the clinical conditions of early and late-stage human prostate cancer. C-81 cells exhibit higher in vitro migratory and invasive properties as compared with C-33 cells. We find that the L-selectin ligand and mucin glycan-associated MECA-79 epitope were elevated in C-81 cells. An increase of these glycotopes positively correlates with elevated tumorigenicity and expression of key glycosyl- and sulfotransferase genes. …

Removal Of Phosphorus/Selenium From Aqueous Solutions By Adsorption Processes, Shilpa Bhojappa

Graduate Theses, Dissertations, and Problem Reports (ETD)

The present study includes two parts: (1) Acid mine drainage (AMD) sludge, a waste product from coal mine water treatment, was used as an adsorbent to develop a cost-effective treatment approach to phosphorus removal from municipal secondary effluents. (2) Synthesized nano-magnetite was used as an adsorbent to develop an innovative technology for selenium removal from aqueous solutions. Each case involved a series of batch adsorption experiments conducted to evaluate adsorption kinetics, isotherms, and adsorptive thermodynamics. The effects of pH, temperature, concentration, contact time, and competing anions on the concerned pollutant removal were examined as well.;Adsorption of phosphorus onto AMD sludge …

Steroid Analysis By Ph-Mediated Stacking Mekc, Liliya Bykova

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation is based on research that led to the development and application of capillary electrophoresis method for the analysis of sex steroid hormones in the blood or plasma of fish species. The analysis of steroid hormones is essential to reveal chemical compounds that are suspected in endocrine disruption, but it is challenging due to the similarity of the chemical structures of steroids, their low concentrations, and limited volumes of plasma or blood samples in fish available for analysis. There is therefore an acute need to develop reliable accurate and systematic analytical methods applicable for the analysis of structurally similar …

Ecological Responses Of Streams To Anthropogenic Stressors, And Watershed Cause-Effect Modeling In The Mid-Atlantic Highlands Region Of The United States, Yushun Chen

Graduate Theses, Dissertations, and Problem Reports (ETD)

Urban sprawl and related habitat disturbance and acidic deposition are major anthropogenic stressors in the Mid-Atlantic Highlands region of the United States. Little information is available about the impacts of these stressors and cause-effect relationships between these watershed stressors and stream biotic/abiotic conditions in this region. A 10-year study (1997-2006) in the Lost River watershed and a 6-year study (2002-2007) in a South Branch Potomac River watershed were conducted to assess the impacts of Corridor H highway construction on stream biotic and abiotic conditions. Also, a three-decade study (1980-2006) using data from 5 wet deposition stations and 21 major stream …

Applications Of Ultra Performance Liquid Chromatography (Uplc) And Tandem Mass Spectrometry For The Detection And Quantification Of Cocaine, Amphetamine, And Opiate Derivatives In Human Meconium, Joshua Adam Gunn

Graduate Theses, Dissertations, and Problem Reports (ETD)

Development and validation of ultra performance liquid chromatography tandem mass spectrometry (UPLC-MS/MS) methodologies for the purpose of detecting and quantifying common drugs of abuse in human meconium specimens is described. Meconium is the first stool passed by a newborn infant. Meconium formation occurs over several months of gestation and subsequent toxicological analysis of the specimens can be useful for identifying drugs and other xenobiotics indicative of prenatal drug exposure.;Ultra performance liquid chromatography (UPLC) is an emerging analytical technique which draws upon the principles of chromatography to run separations at higher flow rates for increased speed, while simultaneously achieving superior resolution …

Acidic Deposition Effects On Above- And Belowground Wood Biomass And Nutrient Status In A Young Hardwood Forest, Brittany Anne Johnson

Graduate Theses, Dissertations, and Problem Reports (ETD)

The impact of acid deposition on forest productivity has been studied extensively during the past 30 years. Mixed results abound due to variations in forest age, species composition, land use history, climate, and different experimental procedures. However, most results suggest alterations in productivity and nutrient status as a result of elevated acid deposition. The Long-Term Soil Productivity (LTSP) site in the Fernow Experimental Forest served as the study site; it was initiated with the purpose of observing the impact of forest management and air quality on biomass production and nutrient cycling (Adams et al. 2004). In its entirety, this experiment …

Lifestyle Behaviors And Illness Related Factors As Predictors Of Recurrent Headache In Us Adolescents, Suzy Mascaro Walter

Graduate Theses, Dissertations, and Problem Reports (ETD)

Purpose. Successful management of recurrent headache among adolescents requires an understanding of the lifestyle behaviors (skipping meals, water intake, tobacco use, alcohol use, and physical activity) and illness related factors (depression, somatic complaints, insomnia and obesity) reported to be associated with this headache type. This study describes a multivariate model demonstrating how lifestyle behaviors and illness related factors work together to predict recurrent headache in an adolescent population.;Method. A descriptive, cross-sectional, secondary analysis using survey data from the National Longitudinal Study of Adolescent Health (Add Health) (1996) will be reported. Add Health is a large database providing a nationally representative …

Examining The Role Of Entrepreneurship In Economic Development In Appalachia, Maribel N. Mojica

Graduate Theses, Dissertations, and Problem Reports (ETD)

Increasing uncertainty in the world economy has created challenges for regions to pursue development strategies to achieve economic growth. Globalization, increased marketing integration, and the advent of new technologies led to approaches from traditional industrial recruiting to less traditional approaches. Among these latter approaches is the increased importance of entrepreneurship for creating economic growth through establishment of new firms or growth from established firms. Exploring the characteristics of entrepreneurship and its contributions to the local economy can help develop a map for designing specific development policies for Appalachia.;The main objective of the study is to determine the relationship between regional …

The Effect Of Attentional Bias On Suggestibility, Elizabeth E. Stacom

Graduate Theses, Dissertations, and Problem Reports (ETD)

Research implies that individuals with high anxiety levels may be more accurate in response to misleading questions when compared to individuals with low anxiety levels (Ridley & Clifford, 2004; Ridley, Clifford, & Keogh, 2002). This effect may be because individuals with high anxiety levels demonstrate an attentional memory bias toward threatening stimuli. The present study investigated whether a high versus low attentional bias affects suggestibility. Seventy participants completed a visual probe task to measure attentional bias. Next, participants were presented with 11 threatening pictures. Each picture was followed by a distractor task. Participants were then asked two misleading and two …

State-Wide Fish Tissue Contaminants Survey And Effects Of Feeding Type, Season And Gender On Fish Tissue Contamination Levels, Kenneth L. Stewart

Graduate Theses, Dissertations, and Problem Reports (ETD)

Fish tissue fillets from benthic, predator, and mixed diet species were collected from 24 different watersheds in West Virginia. Composite samples were prepared from three to six fish fillets collected at each site, and concentrations of the chemical contaminants polychlorinated biphenyls (PCBs) and mercury were determined for each composite sample. Differences in contaminant concentrations among three major categories of feeding type (predator, benthic, and mixed diet) were examined. Differences due to species of fish and among watersheds were also examined. Predators had significantly higher mercury concentrations than benthic or mixed diet feeders and benthic feeding fish had significantly higher PCB …

Linking Land Use With Climate Change And Sustainability Topped State Legislative Land Use Reform Agenda In 2008, Patricia E. Salkin

Scholarly Works

Linking land use with climate change and sustainability topped state legislative land use reform agenda in 2008. The only discernible state land use reform trends in 2008 have focused primarily on themes surrounding sustainability. Many states pursued statutory reforms to address the strong linkages between land use and climate change, green development and affordable housing. Only one state, Michigan, focused on recodification of its planning and zoning enabling acts.

Implications For Nursing Involvement In Health Care Reform: An International Comparison, Erin Mccuen

Honors Theses

In this paper, a comparison of two countries' approaches to deliver healthcare services to their people and the practice of professional nursing will be presented. The report is based on a study abroad course where data were gathered about the two countries and included a ten day tour of Slovakia meeting many healthcare leaders and nursing students. A pictorial presentation of this report is attached (See Appendix) as evidence of the comparisons between the two health care systems. The United States of America and the Republic of Slovakia are two countries that have particularly interesting healthcare delivery and nursing practice …

Forestry Camp At The Crossroads: Future Scenarios For Environmental Learning At An Historic University Site, D. Transtrum, G. Nelson, S. Mcarthur, D. Trauntvein, E. Andrus, A. Chadwick, D. Frazier, S. Hunt, K. Mitchell, C. Wirick, Paul C. Rogers

Wildland Resources Faculty Publications

No abstract provided.

Social Ties And Cardiovascular Function: An Examination Of Relationship Positivity And Negativity During Stress, Wendy C. Birmingham, Bert N. Uchino, Timothy W. Smith, Kathy C. Light, David M. Sanbonmatsu

Faculty Publications

The quality and quantity of one’s relationships have been reliably linked to morbidity and mortality. More recently, studies have focused on links between relationships and cardiovascular reactivity as a physiological mechanism via the stress-buffering hypothesis. However, not all social relationships are consistently positive which points to the importance of a more comprehensive examination of relationship that includes negative qualities. In this study, we manipulated relationship positivity and negativity with an experimenter and examined its influence on cardiovascular reactivity. Results revealed that relationship positivity was associated with lower systolic blood pressure (SBP) reactivity for men and women. Relationship negativity, on the …

Baze V. Rees: Merging Eighth Amendment Precedents Into A New Standard For Method Of Execution Challenges, Molly E. Grace

Maryland Law Review

No abstract provided.

Janice M. V. Margaret K.: Eliminating Same-Sex Parents’ Rights To Raise Their Children By Eliminating The De Facto Parent Doctrine, Emily R. Lipps

Maryland Law Review

No abstract provided.

The Un Charter – A Global Constitution?, Michael W. Doyle

Faculty Scholarship

Is the UN Charter a constitution? Answering that question depends on what we mean by a constitution and to what alternative we are contrasting a constitution.

If the relevant contrast is to the U.S. Constitution – the constitution of a sovereign state – the answer is clearly no. The United Nations was not intended to create a world state. As the Charter's preamble announces, it was created for ambitious but specific purposes: “to save succeeding generations from the scourge of war,” to “reaffirm faith in fundamental human rights,” to “establish conditions under which justice and respect for the obligations arising …

Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt

Faculty Scholarship

This chapter presents an authoritative overview of punishment, with particular emphasis on the limits of reason and the virtue of randomization. It includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as the Enlightenment ideal of social engineering through punishment and the role of chance in the administration of criminal justice.

Newsnotes

Vincentian Studies

No abstract provided.

What Has To Change For Forests To Be Saved? A Historical Example From The United States, Jedediah S. Purdy

Faculty Scholarship

This article looks at the conservation of American forests in the nineteenth and twentieth centuries to cast light on the prospects for global forest conservation in the twenty-first. At the beginning of the nineteenth century, Americans understood their forests as good only for cutting. By the end of the century a national scheme existed for comprehensive and permanent forest conservation. This new scheme became possible thanks to changes in scientific knowledge, the ideological self-image of the country, political institutions, and the imagination and moral commitments of citizens and social movements. A look at the changes that laid the foundations of …

Tax Policy Challenges, Michael J. Graetz

Faculty Scholarship

In 1995, when the late, great Jack Nolan asked me to deliver the inaugural lecture in honor of Larry Woodworth, I was both honored and flattered. I had come to know Larry Woodworth beginning in 1969, when I was a rookie treasury tax policy staffer. At that time, he had already served the Joint Committee on Taxation for 25 years and had been the third Chief of Staff in its history beginning as chief of staff in 1964. Larry Woodworth was not only as knowledgeable about the tax law as anyone you would ever hope to meet, and as savvy …

Physical Education Majors Team Teaching In An Early Field Experience In A Junior High School Setting, David C. Barney, Robert Christenson

Faculty Publications

The early field experience (EFE) has been considered a valuable and important component of a physical education major's education (Curtner-Smith, 1993). For this study 26 pre-service teachers (PST) (physical education majors) team taught (13 teams) in an EFE in a local junior high school. During their EFE each team taught 2 lessons in the school. From this study it was found that during the PST lessons the junior high students were active in the class activities, that the PST should have used louder voices when teaching, that the PST should have had a back-up plan for their lessons, that music …

Cultural Competence: Developing And Assessing Multicultural Proficiency For Teachers And School Personnel In Hawaii, Caryl H. Hitchcock, Mary Anne Prater, Chuan Chang

Faculty Publications

Teachers were recruited from the mainland of the United States to work in rural areas in the State of Hawaii to meet the high demand for personnel. But often there is a mismatch between the culture of the island residents and that of the new teachers. To alleviate this mismatch, a workshop was developed to promote multicultural proficiency of school personnel focusing on Asian/Pacific cultures. One hundred teachers, administrators and staff (including custodians and cafeteria workers) from four rural elementary schools participated in a three hour workshop. The workshop consisted of three activities: (a) self-awareness, (b) awareness of Asian/Pacific Island …

The Financing And Reform Of The United States Healthcare System, Sarah Georgeau Bernheisel

Honors Theses

According to the National Center for Health Statistics, approximately forty-five million people in the United States, including nearly nine million children, were without health insurance in 2007 ("Fast Stats A to Z" 1). Additionally, in 2007, nearly 30% of young adults, ages 18-24, in the United States were uninsured ("Income, Poverty, and Health Insurance Coverage" 22). Sadly, none of these figures includes the countless individuals who have insufficient healthcare coverage caused by their high out-of pocket costs compared to their wages.

Successfully Incorporating Writing Across The Curriculum With Advanced Writing In Nursing, Karlen E. Luthy, Neil E. Peterson, Jane H. Lassetter, Lynn C. Callister

Faculty Publications

The purpose of this article is to explain the concepts of Writing Across the Curriculum, Writing in the Disciplines, and Writing to Learn, and to describe the incorporation of advanced writing into a baccalaureate nursing program and provide suggestions for accessing resources and promoting success. The goals of incorporating Writing Across the Curriculum, Writing in the Disciplines, and Writing to Learn concepts into nursing curriculum are to assist nursing students to achieve competence in clinically relevant writing assignments; to demonstrate critical thinking and communication skills, both oral and written; to execute useful literature searches; to read and understand research reports; …

Climate Of Utah, Robert R. Gillies, R. Douglas Ramsey

Wildland Resources Faculty Publications

Climate in Utah is greatly influenced by its location within the North American Continent with significant local modifications due to topography. Northern, higher-latitude locations are generally cooler than southern, lower-latitude locations. Likewise, higher-elevation locations are typically cooler and wetter than lower-elevation locations.

Molecular Monitoring Of African Swine Fever Control Areas: Adult-Tick Targeted Re-Evaluation Of Mkuze Game Reserve, South Africa, L. F. Arnot, Johan T. Du Toit, A. D.S. Bastos

Wildland Resources Faculty Publications

The Mkuze Game Reserve (MGR), in north-eastern KwaZulu-Natal Province, South Africa is an African swine fever virus (ASF) controlled area. In a survey conducted in 1978, ASF prevalence in warthogs and Ornithodoros ticks in MGR was determined to be 2% and 0.06%, respectively. These values, acknowledged as being unusually low compared to other East and southern African ASF-positive sylvatic-cycle host populations, have not been assessed since. The availability of a sensitive PCR-based virus detection method, developed specifically for the sylvatic tampan host, prompted a re-evaluation of ASF virus (ASFV) prevalence in MGR ticks. Of the 98 warthog burrows inspected for …