Digital Commons Network^™

A Framework To Evaluate Pharmaceutical Pay-For-Delays: A Balancing Test Based Upon Reasonableness, Jessica Hudson Bechtel

Kentucky Law Journal

No abstract provided.

Voter Ignorance And Judicial Elections, Dmitry Bam

Kentucky Law Journal

No abstract provided.

The Future Of The Death Penalty In Kentucky And America, Stephen B. Bright

Kentucky Law Journal

No abstract provided.

Think Twice: Charging Orders And Creditor Property Rights, Chad J. Pomeroy

Kentucky Law Journal

No abstract provided.

How Congress Killed Investment Crowdfunding: A Tale Of Political Pressure, Hasty Decisions, And Inexpert Judgments That Begs For A Happy Ending, Joan Macleod Heminway

Kentucky Law Journal

No abstract provided.

Who Can't Raise Capital?: The Scylla And Charybdis Of Capital Formation, James D. Cox

Kentucky Law Journal

No abstract provided.

The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory, Jeffrey F. Addicott

Faculty Articles

A rules of engagement (“ROE”) Review Board should be created in order to provide an impartial review process for service members facing adverse administrative action for violations of ROE. Politicians defining the ROE, rather than military experts, create rules that are so restrictive and confusing that they ultimately run counter to the military objective of victory. A violation of a ROE can be a criminal offense under the Uniform Code of Military Justice, but violations are issued arbitrarily, and often the military does not charge the service member with a crime, instead using adverse administrative measures to impose punishment.

While …

Not What, But When Is An Offer — Rehabilitating The Rolling Contract, Colin P. Marks

Faculty Articles

To what degree are rolling, or layered, contracts binding? A number of courts, starting with the now infamous case of ProCD, Inc. v. Zeidenberg, have held that, rather than a contract for the sale of a good, such as a computer, being completed in-store, the contract is formed when deferred terms found inside the package are reviewed by the buyer and accepted by some act -- usually use of the good (or declining to return it). This approach, which has been called the rolling contract, has been widely criticized by commentators as an abomination of contract law that ignores a …

Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra

Faculty Articles

The Sixth Amendment guarantees "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." In 1984, the Supreme Court in Strickland v. Washington established the standard for ineffective assistance of counsel that is a violation of this right. In a pair of decisions handed down in 2012, Lafler v. Cooper and Missouri v. Frye the Supreme Court extended the holding in Strickland to cover ineffective assistance by defense counsel in the plea-bargaining phase. Recognizing that pleas account for ninety-five percent of all criminal convictions, the court stated that "the negotiation …

Executive Functions And Cardiorespiratory Fitness In Survivors Of Pediatric Posterior Fossa Tumor, Kelly Ross Wolfe

All ETDs from UAB

As survival rates for pediatric posterior fossa tumor have improved, issues related to survivorship have become increasingly important. Foremost among these are cognitive difficulties, particularly in the domain of executive functions. The first manuscript reports on a systematic, comprehensive literature review of studies examining executive deficits in survivors of pediatric posterior fossa tumor, including the intervention studies that have attempted to ameliorate these difficulties. The second manuscript establishes the safety and feasibility of peak cardiorespiratory fitness testing in a cohort of pediatric posterior fossa tumor survivors. Survivors had lower fitness than typically developing children and children with cystic fibrosis, and …

Neural Mechanisms Supporting The Learning-Related Emotional Response To A Threat, Kimberly H. Wood

All ETDs from UAB

Successful regulation of the emotional response to a threat allows one to react more effectively under threatening conditions. The prefrontal cortex (PFC) and amygdala are key brain regions that mediate the regulation and expression of emotion. We employed Pavlovian fear conditioning to investigate the neural mechanisms that influence the emotional response to a threat. These procedures were designed to investigate conditioned diminution of the unconditioned response (UCR). The specific aims were to better understand the role of associative learning, expectation, controllability, and predictability in modulating UCR expression. This project employed functional magnetic resonance imaging (fMRI) to assess the magnitude of …

A Study Of Multi-Group And Multivariate Tests Of Equivalence With Application To Microarray And, Celeste Yang

All ETDs from UAB

In this dissertation we have adapted two multi-group equivalence tests to be performed on high-dimensional data. The F and Range test for multi-group equivalence were applied to the public microarray dataset GSE11291 to detect equivalently expressed genes. They were also evaluated in terms of type I error and power using single gene simulation and a high-dimension simulation. The F test has higher power than the Range for the same simulated data and parameter settings, in the single gene simulations. The power of the two tests is similar in the high-dimension simulation. The multi-group equivalence tests that were applied to the …

Development And Validation Of A Survey Instrument To Assess Health Information-Seeking Behaviors Among African-Americanyoung Professionals, Shauntice Allen

All ETDs from UAB

The lay public has had more opportunities than ever before to take an active role in their own health care. Despite these opportunities, many questions remain regarding the basis for barriers relating to seeking preventive health information. Following publication of the report of the Secretary’s Task Force of Black and Minority Health, health education researchers have documented health disparities among populations of color, in particular African Americans (United States Department of Health and Human Services, 1985). Brashers, Goldsmith, and Heish (2002) pointed out the complexity of health information-seeking behaviors (HISB) and highlighted the increasing need to clearly understand the process …

An Investigation Of The Sublethal Effects Of Carbon Dioxide On The Common Sea Urchin Lytechinus Variegatus And The Carbonate Chemistry Of Its Nearshore Habitat, Roberta Challener

All ETDs from UAB

Increases in CO2 concentrations, whether from accumulation of metabolic waste under intensive culturing conditions or from increases in atmospheric levels, lead to decreases in seawater pH and carbonate saturation states. Lytechinus variegatus survive chronic exposure to hypercapnic conditions (pH 7.4 -7.8, partial pressure of CO2 (pCO2) 1738-4290 μatm) in synthetic seawater, yet aspects of growth and development are affected. Rates of embryonic and larval development were delayed and larval size and arm length reduced under high pCO2 conditions. Fecal production rates were higher and ash absorption efficiency (%) was lower in individuals exposed to hypercapnic conditions, suggesting that the ability …

Experience-Dependent Synaptic Integration Of Adult-Generated Dentate Granule Cells, Jessica Hotard Chancey

All ETDs from UAB

The dentate gyrus (DG) contains neural stem cells that continually generate new neurons throughout life. The contribution of adult neurogenesis to hippocampal function is not well understood, but ablation or silencing of adult-generated neurons in the DG disrupts learning and memory, and neurogenesis is altered in many pathologies associated with impaired cognition including Alzheimer's Disease, epilepsy, and schizophrenia. Neurogenesis in the DG is a stepwise process in which neural stem cells leave the cell cycle and undergo an approximately two month long maturation process to form fully functional dentate granule cells (GCs) that are indistinguishable from those formed during development. …

Describing Primary Grade Teachers' Practice Of Shared Reading As A Strategy To Build Vocabulary And Comprehension During Literacy Instruction In A Southeastern Urban School System, Daisy Lee Chandler

All ETDs from UAB

DESCRIBING PRIMARY GRADE TEACHERS' PRACTICE OF SHARED READING AS A STRATEGY TO BUILD VOCABULARY AND COMPREHENSION DURING LITERACY INSTRUCTION IN A SOUTHEASTERN URBAN SCHOOL SYSTEM DAISY LEE CHANDLER EARLY CHILDHOOD EDUCATION ABSTRACT The National Reading Panel (NRP, 2000) reported the need for explicit and systematic instruction in vocabulary and comprehension in primary grades. Students have to know the meaning of words in order to develop comprehension. Therefore, vocabulary is essential to reading. In regards to shared reading NRP (2000) noted a lack of attention to comprehension. However, several researchers illustrated the value of shared reading and its link between vocabulary …

Hospital Financial Performance: A Look At Governance And Hit Strategies, Taleah Collum

All ETDs from UAB

Taken together, the purpose of the three papers included in this dissertation is to provide empirical evidence on the relationship between strategies employed by hospital managers and hospital financial performance. The findings of these studies are important to managers as they search for ways to sustain and improve hospital financial performance in light of environmental changes that have taken place over the last three decades. The results of this dissertation suggest that to improve financial performance hospital leaders (e.g. management, board of directors) should choose strategies that are more amenable to their control. Specifically, having BOD members that are independent …

Comparison Of Fabricated Carbon Nanotube Sorbent Felts And 3m Charcoal Sorbent Wafers To Assess Passive Sampling, Samantha Connell

All ETDs from UAB

Passive air sampling is the preferred method of air sampling for many applications. Traditionally, this method uses activated charcoal as the sorbent and samples are analyzed by chemical or thermal desorption. This research explores the use of carbon nanotubes in the form of a felt as a sorbent for passive sampling by comparing the mass uptake and percent yield to that of the 3MTM Organic Vapor Monitor (OVM) 3500 over four time trials. The desorption efficiency, adsorption capacity, and mass uptake of the fabricated felts are very similar to the 3MTM OVM 3500. It was expected that the fabricated felts …

Understanding The Function And Regulation Of Eukaryotic Release Factor 1, Erf1, Sara Elisabeth Conard

All ETDs from UAB

Translation termination is an essential eukaryotic process that facilitates the end of protein synthesis and mediates the release of the nascent peptide chain. Two release factors, eRF1 and eRF3, with the help of a ribosome recycling factor assist in this process. eRF1 and eRF3 form a stable complex through conserved regions in their C-terminal domains. The eRF1/eRF3 complex, along with GTP, is absolutely vital for efficient termination in vitro and in vivo. The role of eRF1 during translation termination is to recognize the stop codon located in the ribosome aminoacyl site, stimulate GTP hydrolysis of eRF3 and enable peptide release …

Characterization Of The Mumps Virus Replicase, Robert Marsden Cox

All ETDs from UAB

Negative strand RNA viruses (NSV) are unique because their nucleocapsids are used directly as the template for both transcription and replication. The viral genomic RNA is coated by the nucleoprotein (N) for the entirety of the NSV replication cycle. The viral polymerase, which is composed of the L and P proteins, can only recognize encapsidated RNA as the template for RNA synthesis. Our previous studies have solved the EM structure of the MuV N-RNA complex at 25Ņ. This structure revealed how the nucleocapsid is assembled and provides an initial model for examining how the viral polymerase may recognize the …

Selection And Evolution Of Pneumococci In Response To Conjugate Vaccines, Christina M. Croney

All ETDs from UAB

Pneumococcal conjugate vaccines (PCVs) containing subsets of the >90 capsular polysaccharide antigens have been successful as a means of decreasing invasive and non-invasive pneumococcal disease worldwide. However, this success is limited to the specif-ic capsular serotypes against which PCVs are formulated and studies have reported the increase of nonvaccine serotypes. The 13-valent pneumococcal conjugate vaccine (PCV13) was introduced in the United States in 2010 for the prevention of invasive pneumococcal disease (IPD) and otitis media and was released without efficacy data. In this study we set out to 1) determine potential efficacy for invasive and noninvasive pneumococcal disease and 2) …

Predictors Of Colorectal Cancer Surveillance Among Survivors Of Childhood Cancer At High Risk For Subsequent Colorectal Malignancies, Casey Leigh Daniel

All ETDs from UAB

Childhood cancer survivors who were treated with ionizing radiation are at a significantly higher risk of developing a subsequent colorectal cancer (CRC) compared to the general population. The Children's Oncology Group (COG) recommends that children and adolescents who were treated with radiation therapy of 30 Gy or more to the abdomen, pelvis, or spine undergo a colonoscopy every five years, beginning at age 35 or 10 years after completion of radiation. Despite these recommendations, research indicates low adherence rates to CRC screening among high-risk childhood cancer survivors. Determining the predictors of attending subsequent colorectal cancer surveillance among individuals in this …

The Effects Of Sleep Restriction On Adolescents' Pedestrian Safety, Aaron Leah Davis

All ETDs from UAB

Introduction. Over 8,000 American adolescents ages 14 and 15 require medical attention due to pedestrian injury annually. Psychosocial factors contributing to pedestrian safety include reaction time, impulsivity, risk-taking, attention, and decision-making. These characteristics are also influenced by sleep restriction. Adolescents require 8.5 hours of uninterrupted sleep each night. Despite requiring more sleep than other children, adolescents often do not obtain adequate sleep due to delayed circadian, academic demands, extracurricular activities, media use, and minimal parental supervision. This combination of factors may place adolescents at risk for pedestrian injury. Method. This study investigated whether sleep restriction reduces adolescents' pedestrian safety. Using …

Pain In The Everyday: Torture And Imprisonment In The Works Of Harold Pinter, Kacey Gill Davis

All ETDs from UAB

The focus of this research is to investigate the influence of torture on the development of Harold Pinter's plays throughout his career. Although torture has a strong presence in Pinter's more political works, there has been little scholarship in examining this same presence in his earlier plays such as The Dumb Waiter, The Birthday Party, and The Homecoming. By reading these works with the processes of torture and power structures as defined by Elaine Scarry's The Body in Pain as well as Michel Foucault's Discipline and Punish, the otherwise comedic interactions in the initial plays become something far more sinister …

Cognitive Training Refines Connectivity Of The Aging Human Brain To Improve Performance, Christine R. Denning

All ETDs from UAB

Cognitive deficits that occur as a function of age are highly variable within a sample of older adults of similar age. Training paradigms are available that can reverse cognitive declines that occur with age and improve behavioral performance. However, the benefits of training are also highly variable. The goal of this study was to use func-tional connectivity analyses on functional MRI data to help identify the source of this variability and to determine if cognitive training could alter network structure in the ag-ing human brain. Resting-state functional connectivity data was acquired to investigate several neural networks in forty-one older adults. …

Modulation Of Intrinsic Activity In Sensory Cortex Facilitates Task Performance, Aburahman Elkhetali

All ETDs from UAB

Due to the changing demands of the environment and our behavioral intentions the brain has to adapt in order to produce task appropriate responses. Part of the challenge is the large amount of sensory information received by the brain. Depending on individu-al goals, the brain must select and react to task appropriate stimuli while ignoring other irrelevant sensory input. Since behavioral intentions are dynamic, this requires the re-sponses within the brain to also be dynamic. Cognitive control, exerted by higher centers on sensory cortex allow for selection of task relevant stimuli. In this study we find that intrinsic, non-stimulus driven …

Adap1 And Arf6 Mediate Regulated Secretory Trafficing In Neurosecretory Cells And Neurons, Sharday Ewell

All ETDs from UAB

ADP ribosylation factor 6 (Arf6) is a member of the Arf family of small GTPases known to function in vesicular membrane trafficking and cytoskeletal organization. Arf6 cycles between its GTP and GDP bound states, facilitated by GTP exchange factors (GEFs) and GTPase activating proteins (GAPs), respectively. In my dissertation studies I have investigated the neuronal functions of Arf6 and ADAP1, an Arf6 GAP and candidate PI 3-kinase target required for dendritic differentiation in developing neurons. I demonstrated that in neurosecretory PC12 cells and neurons, ADAP1 and Arf6 colocalize with regulated secretory granules (SGs) that traffic chromogranin B and brain-derived neurotrophic …

Photothermal Desorption Of Toluene From Single Walled Carbon Nanotube And Activated Carbon Sorbents, Evan Lee Floyd

All ETDs from UAB

Millions of workers are occupationally exposed to volatile organic compounds (VOC) annually, requiring exposure assessments through air sampling. Reducing time to knowledge while maintaining adequate sensitivity and affordability is a constant struggle. Sorbent sampling is the preferred technique for VOC exposure assessments. Chemical desorption of sorbents is the most common desorption technique, but sensitivity is limited due to the small injection fraction. Thermal desorption has excellent sensitivity, but provides only one analysis per sample and is cost prohibitive. The goal of this dissertation was to develop a desorption technique that bridges the sensitivity gap between chemical desorption (0.1%) and thermal …

The Contribution Of Intereim Executives To The Healthcare Industry, Ray Snead

All ETDs from UAB

This is the first research-based study of interim executive services in the US healthcare industry. It opens a new area of inquiry for academic investigation of the role of interim executive services in the healthcare industry. The study focused on Chief Executive Officer and Board of Directors leadership in acute care hospitals of all sizes across the United States. The research survey resulted in 443 responses to over seventy-five questions addressing interim executive services from the perspective of healthcare decision makers. Ninety five percent of the respondents were CEOs and the remainder were board members, primarily chairpersons. The research is …

Host Genetic Factors Associated With Cervical Human Papillomavirus Clearance, Staci Lynn Sudenga

All ETDs from UAB

This dissertation research focuses on how variants in various host genes are associated with clearance of HPV in three longitudinal cohorts from the United States. I first examined the definition of the intermediate phenotype to cervical cancer, HPV persistence and then I incorporated this phenotype in all my three aims by examining variations in xenobiotic metabolism genes in HIV-1 negative and immune-related genes in HIV-1 positive females and how these contribute to HPV infection outcomes. Several significant variants were associated with HPV clearance for the three aims. For the first aim, in ALTS assessing functional variants within xenobiotic metabolism genes …