Digital Commons Network^™

It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce

Faculty Scholarship

In 2004, just five years after introducing the drug, Vioxx, pharmaceutical company, Merck, voluntarily withdrew the prescription pain-killer after a clinical study suggested that the drug increased the risk of heart attack and stroke. But in that relatively short time, an estimated 20 million Americans had already taken the drug. By late 2007, Merck announced it would pay $4.85 billion — the largest drug settlement ever — in “global settlements” for Vioxx-related claims. These settlements ultimately included roughly 47,000 individual lawsuits and about 265 potential class actions, but the Vioxx settlements were far from global.

In 2012, a purported parallel …

Screening Out Innovation: The Merits Of Meritless Litigation, Alexander A. Reinert

Articles

Courts and legislatures often conflate merit-less and frivolous cases when balancing the desire to keep courthouse doors open to novel or unlikely claims against the concern that entertaining ultimately unsuccessful litigation will prove too costly for courts and defendants. Recently, significant procedural and substantive barriers to civil litigation have been informed by judicial and legislative assumptions about the costs of entertaining merit-less and frivolous litigation. The prevailing wisdom is that eliminating merit-less and frivolous claims as early in a case’s trajectory as possible will focus scarce resources on the truly meritorious cases, thereby ensuring that available remedies are properly distributed …

Coercive Assimilationism: The Perils Of Muslim Women's Identity Performance In The Workplace, Sahar F. Aziz

Faculty Scholarship

Should employees have the legal right to "be themselves" at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. But what if being oneself entails behaviors, mannerisms, and values integrally linked to the employee's gender, race, or religion? And what if the basis for the employer's workplace rules and professionalism standards rely on negative racial, ethnic or gender stereotypes that disparately impact some employees over others? Currently, Title VII fails to take into account such forms of second-generation discrimination, thereby limiting statutory protections to phenotypical or morphological bases. Drawing on social psychology and …

Why Wynne Worries Me, Edward A. Zelinsky

Articles

No abstract provided.

An Unnatural Divide: How Law Obscures Individual Environmental Harms, Katrina Fischer Kuh

Hofstra Law Faculty Scholarship

Many of the forces that obscure the connections between individuals and the environment have their origin in extralegal constraints, such as economic forces, cognitive limitations, and the limits of scientific understanding. These constraints are often systemic and, while perhaps influenced by law, not directly a product of law. However, there are some ways in which law perpetuates and exacerbates a misleading and artificial separation between individuals as separate from, instead of an interdependent part of, nature. Laws that obscure the connection between individuals and nature can be grouped into several categories: (1) laws that employ individual exceptionalism, that is, focus …

Management Of Dental Extraction In A Female Patient With Fanconi Anemia, Andre Peisker, Gregor F. Raschke, Arndt Guentsch, Korosh Roshanghias, Stefan Schultze-Mosgau

School of Dentistry Faculty Research and Publications

Oral surgery in patients with bleeding disorders is associated with a high risk of bleeding during and after surgery. This article is aimed to present the case of an eight-year-old girl suffering from severe Fanconi anemia with pancytopenia who underwent a dental extraction. The hemostatic effect of local administration of tranexamic acid in combination with a primary suture seems to be extremely helpful in order to reduce the necessity of blood products and the risk of postoperative bleeding.

Examining Optimal Form Of Two Scale Approximation (Tsa) For Calculating Snl Source Term, Dorukhan Ardag

UNF Graduate Theses and Dissertations

Nonlinear four-wave interactions (S_nl) are critical for acquiring realistic spectra needed by operational wave models. High computational demand to calculate these interactions led to an approximation method named the Discrete Interaction Approximation (DIA) to be used broadly in the major operational wave models for a long time. However, the accuracy of the DIA has been controversial since it was first introduced and more precise approximations such as the Two Scale Approximation (TSA in short) are now available. The only issue with the initial TSA`s efficiency is performing an order of a magnitude slower than the DIA in speed. …

A Study Of Walkway Safety And Evaluation Of Tribological Test Equipment, Henry Thomas Baker

UNF Graduate Theses and Dissertations

A walkway tribometer measures the coefficient of friction between flooring material and a test foot. The value of the coefficient of friction is an indicator as to whether the flooring surface is slippery and has a propensity to cause slip and falls. This study determined that one style of tribometer, an XL Tribometer, mimics the heel-to-floor interaction of the human heel strike. High speed video footage revealed that the test foot strikes the surface and rotates so that full engagement occurs before sliding thus mimicking the affect of a human ankle. The test foot accelerates forward as would be expected …

Building A Professional Learning Community At The University Level: A Case Study Of An Information Fluency Initiative, Susan Bennett Slavicz

UNF Graduate Theses and Dissertations

An examination of the research regarding the problems associated with student academic writing indicated that two abilities, writing abilities and information literacy skills, intersect, and that an accepted term for this intersection is information literacy. The University of Central Florida’s Information Fluency Initiative recognized information literacy as a key component in developing students’ information fluency skills. This qualitative case study of the initiative used semi-structured interviews, study of documents, and observations to gather data in order to describe how the university planned, developed, and implemented the initiative. Study of relevant literature, narrative analysis (Tierney & Lincoln, 1997), inductive analysis (Hatch, …

Predictive Utility And Achievement Outcomes Of Two Simultaneous District-Developed Interim Assessment Programs, Tavymae W. Chen

UNF Graduate Theses and Dissertations

The purpose of the present correlational, ex post facto study was to evaluate the predictive ability and academic achievement criterion outcomes of two district-developed interim mathematics assessment programs for a sample of 5,801 grade 6 students in a large urban school district. Average scores for both interim assessment types were statistically significantly more related to 2013 FCAT 2.0 scores (r = .75 and .72; p < .001) than all other predictors (i.e., student demographics, Florida school grade, and student course GPA) except for 2012 FCAT 2.0 scores (r = .78; p < .001). Further, the newer interim assessment program with an instructional purpose and curriculum-based sequencing had slightly stronger overall predictive power (r_s = .88) and a higher criterion mean score (M = 218.08) than the older, state-test mirror interim assessment program (r_s = .85; M = 215.47). …

Efficacy Of Bydureon In Adults With Type 2 Diabetes, Katie L. Fetter

UNF Graduate Theses and Dissertations

Type 2 diabetes is still rapidly on the rise today, affecting 10.5% of individuals in the United States between the ages 45 to 64 and 18.4% of those between the ages of 65 to 74. In the past two decades, type 2 diabetes has doubled in all age groups. Many adults with type 2 diabetes experience difficulty managing their blood sugars, which can result in a range of further complications. One of the newest treatment options on the market today is a glucagon-like peptide-1 (GLP-1) receptor agonist, Bydureon. Similar to Byetta, Bydureon has a main ingredient of exenatide. It offers …

E Pluribus Unum? Liberalism And The Search For Civility In America, Jeannemarie Halleck

UNF Graduate Theses and Dissertations

This paper explores issues of civility in liberal democracy, and in particular, how civility and civic engagement must be regenerated in order to forward the democratic ideals of equal rights, citizen equality and collective self-government in a meaningful way. Liberal democracy presupposes a level of civility in order to uphold standards of individual liberty and freedom, however as a theory it fails to compel citizens to support levels of mutual respect.

An etymological exploration of the term civility introduces the work of puritan theologian Roger Williams, whose early writings on individual liberty as well as the role of civility and …

Factors Affecting Storm Characteristics In The Battery And Vicinity, Shannon A. Kay

UNF Graduate Theses and Dissertations

Tropical cyclones (TCs) Irene and Sandy caused major damages in back to back years to the most densely populated city in the United States stunning the residents with storms linked to seemingly impossible probabilities. Such activity has raised questions about the effect of non-stationary aspects within atmospheric circulation on storm behavior and some assumptions inherent in previous hazard studies of the New York City (NYC) area. This study analyzes statistical aspects of hazard quantification for this area related to this non-stationarity and statistical characterization. In particular this study investigates the presence of multiple populations of storms, it also tests current …

Functional Characterization Of A Putative Disaccharide Membrane Transporter In Crustacean Intestine, Rasheda S. Likely

UNF Graduate Theses and Dissertations

The mechanisms of transepithelial absorption of dietary sucrose in the American lobster, Homarus americanus, were investigated in this study to determine whether sugars can be transported across an animal gut intact or as monosaccharides following hydrolysis. Lobster intestine was isolated and mounted in a perfusion chamber to characterize the mechanisms of mucosal to serosal (MS) ¹⁴C -sucrose transport across the intestine MS fluxes were measured by adding varying concentrations of ¹⁴C-sucrose to the perfusate which resulted in a hyperbolic curve following Michaelis-Menten kinetics. The kinetic constants of the proposed sucrose transporter were K_M = 15.84 ± 1.81 …

Evaluating The Effects Of An Educational Lifestyle Modification Intervention On Blood Pressure In Adults With Prehypertension, Andrea M. Patterson

UNF Graduate Theses and Dissertations

The purpose of this project was to evaluate the effectiveness of an educational lifestyle modification (LM) intervention on blood pressure (BP) among adults with prehypertension. Prehypertension is a precursor to hypertension (HTN) and is a public epidemic in the United States. Approximately 68 million (31%) U.S. adult’s aged ≥18 years have hypertension. Hypertension can cause significant target organ damage, lead to coronary heart disease, heart failure, stroke, and kidney failure. Early identification and the primary treatment of persons with prehypertension with LM have the potential to minimize the progression and delay the onset of comorbidities associated with hypertension. This quality …

Effect Of Feed Additives On Amino Acid And Dipeptide Transport By Intestines Of American Lobster And Atlantic White Shrimp, Maria Louise Peterson

UNF Graduate Theses and Dissertations

Previous nutritional physiology research using L-histidine and zinc in American lobster intestine (Homarus americanus) has suggested that these solutes can be co-transported as complexes (Histidine-Zinc-Histidine) across the intestine using a peptide transporter. Furthermore, transport of L-leucine was shown to be inhibited by high calcium concentrations. Dipeptide and bis-complex transport and the role of calcium were investigated in the perfused intestines of lobster and Atlantic white shrimp (Litopenaeus setiferus). Following trans-intestinal transport, serosal medium was analyzed for amino acid composition by gas chromatography. In lobster, the transport of glycylsarcosine (Gly-Sar) from mucosa to serosa was stimulated two-fold …

Enabling One-Phase Commit (1pc) Protocol For Web Service Atomic Transaction (Ws-At), Chirag N. Rana

UNF Graduate Theses and Dissertations

Business transactions (a.k.a., business conversations) are series of message exchanges that occur between software applications coordinating to achieve a business objective. Web service has been proven to be a promising technology in supporting business transactions. Business transaction can either be long-running or short-lived. A transaction whether in a database or web service paradigm consists of an “all-or-nothing” property. A transaction could either succeed or fail. Web Service Atomic Transactions (WS-AT) is a specification that currently supports Two-Phase Commit (2PC) protocol in a short-lived transaction. WS-AT is developed by OASIS–a standards development organization. However, not all business process scenarios require a …

Gender Differences In High Sensitivity C - Reactive Protein And Self-Reported Muscle Strengthening Activity Among U.S. Adults, Michael R. Richardson

UNF Graduate Theses and Dissertations

Objectives: We sought to examine the gender differences between C - reactive protein (CRP) and muscle strengthening activity (MSA) in U.S. adults (≥20 years of age)

Background: Elevated levels of CRP have been shown to be associated with an increase in risk of cardiovascular disease (CVD). Studies analyzing the relationship between physical activity (PA) and CRP by gender have produced mixed results.

Methods: The sample (n=9,135) included participants in the 1999-2004 National Health and Nutrition Examination Survey (NHANES). Three categories of reported MSA participation were created: no MSA (referent group), some MSA (≥1 to/wk), and meeting the …

Alibi Witnesses: Willingness To Provide False Alibis, Karen M. Ryndak

UNF Graduate Theses and Dissertations

Hamilton’s Rule (1964) involves the notion that the likelihood of an altruistic act being performed is predicted by the degree of relatedness between the recipient and the donor. Therefore, the extent to which people would be willing to lie for a defendant is a function of the degree of biological relationship between the defendant and the alibi witness. The researchers of the current study presented participants with one murder and one burglary packet containing a police report summary and a hypothetical scenario. The summary police report detailed case facts, evidence collected, and witness statements. Following their reading of the police …

Effects Of Asphondylia Borrichiae, Simulated Herbivory, And Nutritional Status On Survival, Flowering, And Seed Viability In Sea Oxeye Daisy (Borrichia Frutescens), Lisa S. Rowan

UNF Graduate Theses and Dissertations

Although herbivory and other types of plant damage typically are viewed as detrimental to plant survival and performance, vigorous regrowth, greater seed set, and fitness benefits may be possible when damage to the apical meristem, or actively growing stem terminal, is involved. Such damage releases apical dominance, or the hormonal suppression of lateral buds, activates dormant lateral buds, and enables lateral shoots to grow. Since in plants with terminal flowers, each stem may bear a flower, removal of the apical meristem may result in stem bifurcation and ultimately increase the number of flowers and seeds, thereby increasing potential fitness. In …

The Double Sighted: Visibility, Identity, And Photographs On Facebook, Jeanette C. Vigliotti

UNF Graduate Theses and Dissertations

The primary objective of this analysis is to uncover the tools of Facebook identity construction. Because Facebook users have the ability to control the images and information associated with their profiles, reactionary scholars typically classify Facebook identity as a symptom of cultural narcissism. However, I seek to displace the fixation on the newness of the medium in order to interrogate the possibility of a society that has internalized surveillance. Using Michel Foucault’s theories on panopticism and heterotopia, I examine the role photographs play in the construction of an individual on Facebook, and the ways in which user photographs are positioned …

Quality Improvement Measures For Cervical Screening Guidelines In A Clinic For Uninsured Adults, Julie Ann Baker-Townsend

UNF Graduate Theses and Dissertations

Cervical cancer, a completely curable disease with early detection and management, is an international concern. Early identification allows for treatment of the disease, which prevents or slows progression, ultimately reducing morbidity and mortality. Due to the regressive nature of most cervical lesions, the duration between cervical cytology has been lengthened to prevent over diagnosis and treatment. This was reflected in the 2012 United States Preventative Services Task Force (USPSTF) clinical practice guideline for cervical cancer screening.

The purpose of this project was to determine the effectiveness of a quality improvement initiative to increase adherence to the 2012 USPSTF guideline at …

The Associations Between Homa-Ir And Muscular Strengthening Activity In Euglycemic U.S. Adults, William Robert Boyer Ii

UNF Graduate Theses and Dissertations

Background: Muscular strengthening activity (MSA) has been shown to be inversely associated with insulin resistance (IR). The associations between quartiles of the homeostatic model assessment of insulin resistance (HOMA-IR) and self-reported MSA in a nationally representative sample of euglycemic U.S. adults were examined.

Methods: Sample included adult participants (≥20 years of age [n=2,543]) from the 1999-2004 National Health and Nutrition Examination Survey (NHANES). HOMA-IR was categorized into quartiles based on every 25^th percentile. No MSA was the dependent variable.

Results: Following adjustment for covariates, those with HOMA-IR values in third (p

Conclusions: Having a higher HOMA-IR value is associated …

A Hybrid Approach Using Rup And Scrum As A Software Development Strategy, Dalila Castilla

UNF Graduate Theses and Dissertations

According to some researchers, a hybrid approach can help optimize the software development lifecycle by combining two or more methodologies. RUP and Scrum are two methodologies that successfully complement each other to improve the software development process. However, the literature has shown only few case studies on exactly how organizations are successfully applying this hybrid methodology and the benefits and issues found during the process. To help fill this literature gap, the main purpose of this thesis is to describe the development of the Lobbyist Registration and Tracking System for the City of Jacksonville case study where a hybrid approach, …

Due To A Bone Marrow Transplant, Is Loneliness From Hospital Isolation A Predictor Of Health Outcomes, Megan E. Curtis

UNF Graduate Theses and Dissertations

Previous research indicates loneliness affects physiological and quality of life outcomes in oncology populations. However, minimal research has been conducted specifically on bone and blood marrow transplant (BMT) patients (Knight et al., 2013). To further explore this issue, we conducted a preliminary study to examine the relationship of loneliness with quality of life, immunological functioning, and other health indicators at six months post-transplant in BMT patients. The Functional Assessment of Cancer Therapies–BMT (FACT-BMT) was used to measure QOL and the UCLA Loneliness Scale Version 3 was used to assess general loneliness and loneliness experienced during hospitalization. We found that experiencing …

Increasing Practitioner Knowledge Of Ketamine As An Adjunct Analgesic For Postoperative Pain, Allison Goldfarb

UNF Graduate Theses and Dissertations

Postoperative pain is of serious concern to patients and anesthesia providers alike. Management of a patients’ pain is a central component of anesthesia care. Ketamine as an anesthetic agent has been available for 50 years. It has been utilized as a general anesthetic and selectively as an anesthetic agent for high-risk patients. Due to dysphoric side effects associated with the dosage required to render general anesthesia, anesthesia providers may be reluctant to utilize this medication to its full potential. Recently there has been a resurgence of interest in ketamine as an analgesic agent. The researcher for this project performed a …

The Effect Of Surface Corrosion Damage On The Fatigue Life Of Extruded Aluminum Alloy 6061-T6, Matthew Weber

UNF Graduate Theses and Dissertations

Aluminum alloy 6061-T6 is a common engineering material used in aerospace, automotive, structural applications. Despite its wide use, little has been published about the effects of damage from surface corrosion on its fatigue life. An investigation was performed where 6061-T6 extrusions were exposed to a 3.5% NaCl solution at pH 2 for 2 days and 24 days. The length of time and pH were chosen in order to create distinct surface flaws. The effect of these flaws on the fatigue life was then investigated and analyzed using scanning electron microscopy (SEM) and Weibull statistics. It was determined that samples corroded …

Facility Matters: The Perception Of Academic Deans Regarding The Role Of Facilities In Higher Education, Wallace Harris

UNF Graduate Theses and Dissertations

The purpose of this study was to examine how academic deans perceived the characteristics of facility built environment and its impact on learning in higher education. Q methodology was used as the means to explore the subjective opinions of academic deans within the State of Florida regarding the facility built environment’s impact on learning in higher education. For this Q study, the concourse statements were the result of communications taken from the subject literature and participant responses to this study’s online concourse questionnaire. The resulting 32 item Q sample was sorted online by 43 academic deans, associate and assistant deans. …

The Effects Of Rain On Traffic Safety And Operations On Florida Freeways, Michelle L. Angel

UNF Graduate Theses and Dissertations

Although the association between weather and traffic variables or crash events appear intuitive to motorists, quantifying the effects that weather, especially rain, has on driver response in travel speeds, traffic demands, and susceptibility of accident occurrence is needed to evaluate practical aspects of traffic operations and safety measures. Previous studies have researched driver responses to inclement weather on roadways located primarily in northern and western regions of the United States (U.S.), Canada, and Europe. However, driver familiarity to local weather conditions is a factor that should be considered in determining inclement weather effects on traffic variables and crash occurrence. This …

The Impact Of Student Support Services On Academic Success At A Select Historically Black College And University, Andrea Marie Cummings

UNF Graduate Theses and Dissertations

The purpose of this study was to determine and examine the impact of student support services (SSS) on academic success at a historically black college. The study was grounded in the theoretical framework of Astin’s Input-Environment-Outcome Model (IEO), Scholssberg’s theory of marginality, holistic theory , facilitation theory, and the theory of sensory simulation (Dunn, 2002; Anderson et. al., 2011; Dennick, 2014 and Pritchard, 2013)

A mixed method approach was used to quantify and explicate triangulated data, which included the N-LSSI survey, archival data, and focus group interviews. The N-LSSI survey used a 7-point Likert Scale, and students from The College …