Digital Commons Network^™

Association Of Molecular Pathology V. Myriad Genetics, Inc.: Determining The Scope Of The Supreme Court's Holding For Patentable Subject Matter, Ashley Winkler

Kentucky Law Journal

No abstract provided.

A Uniform Test Isn't Here Right Now, But Please Leave A Message: How Altering The Spence Symbolic Speech Test Can Better Meet The Needs Of An Expressive Society, Caitlin Housley

Kentucky Law Journal

No abstract provided.

The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church

Kentucky Law Journal

No abstract provided.

50,000 Voices Can't Be Wrong, But Courts Might Be: How Chevron's Existence Contributes To Retrenching The Higher Education Act, Twinette L. Johnson

Kentucky Law Journal

No abstract provided.

Table Of Contents For Volume 104, Issue 1, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Front Matter For Volume 104, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Crowd Crush: How The Law Leaves American Crowds Unprotected, Tracy Hresko Pearl

Kentucky Law Journal

Crowd-related injuries and deaths are startlingly common both in the United States and worldwide. They occur in a wide range of situations and at a vast array of venues: at music concerts, sporting events, retail holiday sales, in and around airports, subway plaorms, and parking lots, among other locations. These "crowd crush" incidents, however, are extremely underreported and rarely litigated, masking the seriousness of this issue and making it difficult for the few victims who pursue legal recourse to recover damages. Given that there is virtually no statutory law in the United States pertaining to crowd management and control, crowd …

Kentucky Law Journal Masthead For Volume 104, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Public Benefit Corporations In Kentucky: What Impact Should Kentucky Corporations Expect?, Mary Katherine Kington

Kentucky Law Journal

No abstract provided.

Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, Jeremiah A. Ho

Kentucky Law Journal

Undoubtedly, the Supreme Court's marriage equality decision in Obergefell v. Hodges is the watershed civil rights decision of our time. Since United States v. Windsor, each recent victory for same-sex couples in the federal courts evidenced that the legal recognition of same-sex marriages in the United States was becoming increasingly secure. Meanwhile, momentum was growing for the visibility of sexual minorities nationally. Yet, is marriage equality the last stop in the pro-LGBTQmovement, or should we expect sexual minorities to advance in other legal arenas? Should we expect that the recent strides in marriage equality from Windsor to Obergefell can …

Taking Physicians Out Of The Straitjacket: Defending Physician Free Speech Rights By Defining The "Truthful And Nonmisleading" Standard, Kathryn E. Meyer

Kentucky Law Journal

No abstract provided.

Rectifying These Mean Streets: Percent-For-Art Ordinances, Street Furniture, And The New Streetscape, Asmara M. Tekle

Kentucky Law Journal

No abstract provided.

Persecution: How Much Is Enough?, Hillary R. Chambers

Kentucky Law Journal

No abstract provided.

Federal Reverse Preemption Of Uninsured And Underinsured Motorist Coverage Offering In The Digital Age: E-Sign And Ueta Have Not Had A Significant Impact On State Offering Or Rejection Requirements, Steven Plitt, Daniel Maldonado, John Wittwer

Kentucky Law Journal

No abstract provided.

Who's Afraid Of The Hated Political Gerrymander?, Luis Fuentes-Rohwer

Kentucky Law Journal

The political gerrymander has few friends among scholars and commentators. Even a majority on the Supreme Court agreed that the practice violates constitutional and democratic norms. Andyet, this is one of the few issues that the US. Supreme Court refuses to regulate. The justices mask their refusal to regulate this area on a professedi nability to divinej uaicially-manageables tandards. In turn, scholars offer new standards for the justices to consider. This is not only a mistake but also misguided. The history of the political question doctrine makes clear that the discovery of manageable standards has never controlled the Court's prior …

School-Wide Factors In New York State High School Counseling Program Readiness, Dianah Cantres

Walden Dissertations and Doctoral Studies

While current accountability regimes in U.S. public education focus on the job performance of individual school professionals, research in industrial/organizational psychology has established the importance of system-wide factors for organizational outcomes. The purpose of this study was to identify school-wide factors that predict guidance program readiness in New York State high schools. This nonexperimental, quantitative study was based on a survey sample of 97 guidance counselors in New York State. Multivariariate analyses of variance showed that two school-wide independent variables-urbanization of school location and counselor-student ratio-predict scores on guidance program readiness, measured using the American School Counselor Association Readiness Survey. …

Nursing Care Of Terminal Patients In Intensive Care Units, Pervell Velethia Dunbar

Walden Dissertations and Doctoral Studies

Nursing Care for Terminal Patients in Intensive Care Units

by

Pervell Dunbar

Project Submitted in Partial Fulfillment

of the Requirements for the Degree of

Doctor of Nursing Practice

Walden University

August 2015

Although the goal of the ICU has always been to save lives, ICU now additionally provides end-of life (EOL) care. The objective of this project was to provide ICU nurses with a comprehensive awareness of physical, emotional, and spiritual EOL care issues of patients and their families in order to be better equipped to handle EOL care. The framework used was Jean Watson's Caring model (10 Caritas). A …

Herpes Virus Infections, Inflammatory Markers And Risk Of Developing T2dm And Cvd: An Analysis Of Nhanes With Adults, Aged 20-49, 1999-2010, Margarita Irizarry-De La Cruz

Walden Dissertations and Doctoral Studies

Herpes simplex viruses (HSVs), are among the most virulent and widespread pathogens; they affect 60-90% of the population worldwide. Substantial evidence indicates a possible association between pathogens and chronic disease. HSVs, among other viruses, have been associated with increased risk for inflammatory diseases. However, prior findings have been inconsistent on the role of infection in triggering autoimmune response and chronic disease. This study builds on the premise that pathogens can induce an inflammatory response and increase the risk for disease development. A representative U.S. sample from NHANES, a national population-based cross-sectional survey, was used to examine the relationship between HSVs …

The Role Of Information Technology Organizational Design In Firms' Ability To Innovate, Hassan S. Halimi

Walden Dissertations and Doctoral Studies

Information technology (IT) organizations have become an integral part of many firms, with increasing strategic significance. Consequently, investments in IT represent a significant percentage of a firm's expenditure. Despite the investment, the business value of IT has been difficult to quantify, creating uncertainty about a firm's investments in IT innovation. The purpose of this nonexperimental study was to examine relationships between a firm's innovativeness and 3 IT organizational design factors: knowledge creation, dynamic capabilities, and communication structures. The research questions addressed the relationships between a firm's ability to innovate and specific design elements of the IT organization. The study was …

Impacts On Faculty Workload During A Learning Management System Transition, Karla Page Jones

Walden Dissertations and Doctoral Studies

Management professionals at many colleges are transitioning to new learning management systems (LMS), such as Moodle, for reasons such as lower costs, greater outreach, and student preference. Transitioning to a new LMS may result in faculty problems with learning a new technology platform in addition to teaching. The purpose of this study was to explore the impact that an LMS transition had on faculty attitudes, experiences, and workload. The conceptual framework of the study was the unified theory of acceptance and use of technology and the diffusion of innovation theory. A phenomenological design was employed with a purposeful sample of …

Investigating The English Language Arts Placement Of Struggling High School Freshmen, Pamela Burke-Haug

Walden Dissertations and Doctoral Studies

This qualitative case study addressed a suburban school district's placement of academically at-risk English language arts (ELA) 9th graders as the district transitions from the New Jersey Assessment of Skills and Knowledge (NJASK) to use of the unfamiliar and controversial Partnership for Assessment of Readiness for College and Careers (PARCC). Based on the theoretical frameworks of the zone of proximal development, cognitive apprenticeship, and Bandura's model of self-efficacy, the purpose was to understand the characteristics of struggling (labeled 'academic') ELA students, placement practices and perceptions of these practices, and placement improvements. A purposeful sample was recruited of 7 staff members …

Placing Students In Eighth Grade Mathematics: A Case Study Of The Decision-Making Process, Donald Joseph Davis

Walden Dissertations and Doctoral Studies

Algebra 1 is considered an essential course to master in order to understand the concepts of higher-order mathematics, and the California accountability system designates this course for completion in 8th grade. In Shelton County, however, placement of 8th graders in this course is based on feeder school, rather than student ability, resulting in inequitable access. The purpose of this case study was to examine the experiences of administrators who place individual students in mathematics courses and the factors that influence their placement decisions. The conceptual framework for the study was administrative theory as related to processes of effective decision making. …

Strategies To Minimize The Impact Of Supply Chain Risk On Business Performance, Jonathan Opata

Walden Dissertations and Doctoral Studies

The exposure of companies to turbulence, uncertainty, and vulnerability in their supply chain results in supply chain disruption with an estimate cost of $10 million for each supply chain disruption. The purpose of this case study was to explore the strategies supply chain managers use to mitigate supply chain disruption on business performance in a pharmaceutical company in Maryland. Contingency theory of fit formed the conceptual framework for this study. Participant perceptions were elicited in interviews with 11 supply chain managers regarding strategies to mitigate risks associated with supply chain disruptions. Data from interviews and supporting documents were processed and …

The Behavioral Impact Of Knowledge On Breast Cancer Risk Reduction, Mia Hung

Walden Dissertations and Doctoral Studies

The purpose of this study was to investigate the behavioral impact of knowledge regarding the relationship between breast cancer, vitamin D supplementation, and sunlight exposure considering levels of self-efficacy and response-efficacy. The study was based on protection motivation theory, which attributes behavior change to cognitive processes related to perceived threats and has demonstrated efficacy in promoting breast cancer risk-reducing behaviors. The study employed a quasi-experimental research design based on a survey using SurveyMonkey. Participants were New York City-residing women ranging in age from 25 to 74 who were recruited via an invitation from SurveyMonkey. Correlation analysis and linear regression analysis …

Reducing Challenging Behaviors In Intellectually Disabled Individuals: A Comparison Of Organizational Culture And Treatment Approach, Frances Mascolo-Glosser

Walden Dissertations and Doctoral Studies

The deinstitutionalization of the intellectually disabled (ID) and their transition to community living in New York State necessitated training initiatives for staff to manage challenging behaviors safely and humanely. However, the use of physical interventions to control self-injury and physical aggression may have become organizationally habituated, and limited research has compared programs that use physical versus nonphysical interventions. This mixed-method, comparative case study compared a restraint-free day habilitation program with one that used physical interventions, examining the differences in reducing self-injury, aggression, and types of interventions applied. Qualitative differences in philosophical approach to behavior intervention strategies and staff training protocols …

Our Court Masters, Chad J. Pomeroy

Faculty Articles

In 1995, Utah became the first state to pass a bill prohibiting the recognition of same-sex marriages performed in other states and nations. Thereafter, in 2004, Utah voters approved a ballot referendum on Utah Constitutional Amendment 3, which defined marriage as the legal union between a man and a woman and which restricted unmarried civil unions. This referendum was approved by 65.9% of those who voted on it. That is, 593,297 Utah citizens (of the approximately 900,000 who voted) voted to approve the amendment.

Then, in March of 2013, three couples filed suit in the United States District Court for …

A Multiple Case Study Exploring Factors Promoting Nursing Faculty Satisfaction With Teaching Online In Three Schools Of Nursing In The Southeastern United States, Nancy Pope Wingo

All ETDs from UAB

To address nursing shortages in the healthcare workforce and expand access to higher education, many schools of nursing are offering academic degrees that can be completed mostly online. Nursing schools that consider online programs to be a key part of their strategic plan need faculty who are comfortable and satisfied with teaching online. Yet nursing schools nationwide are facing a shortage of nursing faculty, due to the retirement of aging instructors, high workload, low salaries, and other factors. To foster faculty gratification and promote long-term retention of skilled instructors to teach online, nursing schools need to learn more about factors …

Transforming Complexity Into Order: A Grounded Theory Of An Agile Methodology Applied To Complex Problem Domains, R Steven Wingo

All ETDs from UAB

This dissertation is focused on the phenomenon of implementing abstractions from complex problem domains in concrete software systems. The question of this inquiry is to determine how an agile software development process, in particular Extreme Programming, supports the development of large software systems as solutions for complex problem domains. This study used the Grounded Theory Methodology to identify and explain the qualities of software development using the Extreme Programming methodology and to construct a theory grounded in data collected from interviews of experienced practitioners of Extreme Programming, from observations of Extreme Programming in practice, and from a review literature related …

Examining The Relationship Between Driving Styles Of Teen Drivers And Their Parents, Shannon Michelle Oram Wittig

All ETDs from UAB

Teenage drivers, ages 16 to 19, account for about 16.8% of motor vehicle crashes (MVCs) in the United States, even though teenagers only represent about 4.4% of the United States population. Several factors increase teenagers’ risk for MVCs including: lack of driving experience, poor ability to identify and anticipate hazards, lack of sensitivity to road complexity and conditions, and increased willingness to take risks. Research has also suggested the importance of parental influences on risky teenage driving. This study examined the effects of parental driving styles, behaviors, and history on teenagers’ driving style using self-reported measures. Overall, it was hypothesized …

C-Reactive Protein, Autoimmunity, And Inflammation In The Central Nervous System, Tyler T. Wright

All ETDs from UAB

C-reactive protein (CRP) is an acute phase reactant whose blood concentration rises in response all types of inflammation. And while CRP is widely used as a clinical marker of inflammation, it has several biological functions, e.g. activation of the classical complement cascade and binding Fcγ receptors in order to mediate multiple immune processes. The full extent of CRP’s physiological activities has not yet been fully elucidated, but there is significant evidence to establish that CRP plays an important role in the onset and progression of autoimmune disease. Seminal work from our lab showed that human CRP, hepatically expressed in transgenic …