Digital Commons Network^™

Jury Trial Disparities Between Class Actions And Shareholder Derivative Actions In State Courts, Ann M. Scarlett

All Faculty Scholarship

Class actions and shareholder derivative lawsuits are both forms of representative litigation that historically had to be brought in the equity courts to be decided by a judge, rather than in the common-law courts to be decided by a jury. In 1938, the federal courts merged law and equity by passing the Federal Rules of Civil Procedure, which allowed both legal and equitable claims to be heard within the same civil action. After law and equity merged, the Supreme Court interpreted the Seventh Amendment’s preservation of the right to jury trial as including not just actions recognized at common law, …

Knowledge Of Practicing Physicians About Their Legal Obligations When Caring For Patients With Disability, Nicole Agaronnik, Elizabeth Pendo, Julie Ressalam, Eric G. Campbell, Lisa Iezzoni

All Faculty Scholarship

doi: 10.1377/hlthaff.2018.05060 HEALTH AFFAIRS 38, NO. 4 (2019): 545–553

Permitted Incentives For Workplace Wellness Plans Under The Ada And Gina: The Regulatory Gap, Elizabeth Pendo, Brandon Hall

All Faculty Scholarship

Although workplace wellness plans have been around for decades, they have flourished under the Patient Protection and Affordable Care Act (“PPACA”) into a $6 billion-dollar industry. Under PPACA, a “wellness plan” is a program of health promotion or disease prevention offered by an employer that is designed to promote health or prevent disease and which meets the other applicable requirements of that subsection. Employers look to these programs to promote healthy lifestyles, improve the overall health of employees and beneficiaries, and reduce rising healthcare costs. PPACA’s amendments to the Health Insurance Portability and Accountability Act (“HIPAA”) permit employers to offer …

Supporting The Injured Athlete: Coaches’ Perspectives On Providing Social Support, Stefanee Opal Maurice

Graduate Theses, Dissertations, and Problem Reports (ETD)

Injury is an inevitable facet of sport participation, and injured athletes require support from coaches. However, research on injured athletes highlights a lack of support from coaches. Building on the conceptual model proposed by Maurice et al., this study uses the International Sport Coaching Framework (ISCF) to examine ways contextual coaching knowledge is used to support athletes throughout rehabilitation. Previous research has focused on the knowledge types but has neither addressed the integration of the knowledges in a single study nor examined them in an injury context. A generic qualitative approach was used to examine 13 NCAA DI coaches’ perception …

Numerical Modeling Of Hydraulic Fracture Propagation And Comparison With Microseismic Data At A Field Site, Carter Lawrence Hulcher

Graduate Theses, Dissertations, and Problem Reports (ETD)

A hydraulic fracturing site in Morgantown, West Virginia, USA was selected to be a research site for the Marcellus Shale Energy and Environment Laboratory (MSEEL) project which was funded by the U.S. Department of Energy (DOE). The overall objective of the MSEEL research project is to evaluate and improve technologies to enhance shale gas recovery with minimal impacts on the environment. The field site has two previously drilled wells and two newly drilled wells for extracting natural gas. A separate exploratory well (or “science well”) was also drilled and includes a geophone array to extract important seismic/microseismic event information, which …

Ground Ingredients: Analysis Of Lead Exposure In The California Condor’S (Gymnogyps Californianus) Ground Foraging Habitat, Evan Michael Mcwreath

Graduate Theses, Dissertations, and Problem Reports (ETD)

The California Condor (Gymnogyps californianus) is a critically endangered species that reached its nadir in 1987 with a population of 27 birds in the wild. Intensive management efforts have been implemented to aid the condors’ recovery, however, anthropogenic factors, like use of lead ammunition, continue to cause fatalities in this vulnerable population. Lead toxicosis, which is responsible for approximately 40% of all condor deaths since 1992, is one of the most significant threats to condors. In birds lead poisoning leads to neurological dysfunction, reproductive impairment, immune suppression, gastrointestinal disturbance, anemia, and ultimately increased vulnerability to predation, starvation, and infection. For …

Lead Exposure Of North American Raptors, Vincent A. Slabe

Graduate Theses, Dissertations, and Problem Reports (ETD)

Lead is an anthropogenic threat to terrestrial wildlife, has no physiological benefits, and is considered a neurotoxin. Legislation adopted in many developed countries restricts the uses of lead in consumer and industrial products such as pipe fittings, petrol, paint, and shot for use in waterfowl hunting. However, lead is currently categorized by the United States (US) government as a critical metal and common uses of lead still persist in North America. These include the use of rifle ammunition, shot in upland gamebird hunting, and fishing sinkers. Lead is also a by-product of multiple industrial operations including smelters, coal power plants, …

The Effects Of Obesity, Chronic Stress, And Exercise On Pancreatic Health, Abigail Tice

Graduate Theses, Dissertations, and Problem Reports (ETD)

Obesity is concomitant with hyperglycemic conditions, increased proinflammatory cytokines, and increased oxidative stress. Under hyperglycemia, thioredoxin interacting protein (TXNIP) is increased and causes increased oxidative stress and pancreatic b-cell apoptosis. Chronic stress is associated with increased glucocorticoid levels and a proinflammatory environment. The purpose of this study was to examine the effects of obesity, chronic stress, and exercise on pancreatic health.

Lean Zucker Rats (LZRs) and Obese Zucker Rats (OZRs) were randomly assigned to four groups: 1) sedentary controls (C: n=8 per); 2) unpredictable chronic mild stress (UCMS) (S: n=8); 3) exercise (E: n=8); and 4) combined UCMS and exercise …

Development Of A Dynamic Model And Control System For Load-Following Operation Of Supercritical Pulverized Coal Power Plants, Parikshit S. Sarda

Graduate Theses, Dissertations, and Problem Reports (ETD)

Thermal power plants that have been designed to operate at their rated capacity are being forced to cycle their load and operate under low-load condition to meet changing load demands due to the increased penetration of renewables into the electric grid. The rapid load-following operation is leading to challenging control problems. The goal of this research is to develop dynamic model and control system for efficient load-following operation. The focus of this work is on supercritical pulverized coal (SCPC) power plants. The steady-state model is developed using Aspen Plus and Aspen Custom Modeler and then converted to a pressure-driven Aspen …

Acute And Repeated Effects Of Synthetic Cannabinoid Agonism And Cannabinoid Receptor 1 Positive Allosteric Modulation, Kristen R. Trexler

Graduate Theses, Dissertations, and Problem Reports (ETD)

Recent years have seen a rise in the diversity and use of synthetic cannabinoids. Currently, there is little known about the effects of specific synthetic cannabinoid compounds. As such, little research has been done evaluating the acute and chronic effects of synthetic cannabinoid administration or the development of tolerance and withdrawal. The present study aimed, in part, to evaluate the acute and repeated effect of a third-generation synthetic cannabinoid, AB-FUBINACA. Mice were treated with AB-FUBINACA (0.1-3 mg/kg, i.p.) or vehicle and were tested repeatedly in the tetrad battery of assays, which included tests of catalepsy, antinociception, hypothermia, and locomotor activity. …

Movement In The Classroom: Contingent Factors Underlying Teacher Change, Annie E. Machamer

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background: Teachers' use of classroom physical activity (PA) has been found to significantly impact students PA participation, time on task, and academic performance. However, teachers have continued to identify barriers affecting delivery related to professional development opportunities, learning environment, and experiences in practice. An understanding of the connection between these experiences and their impact on teacher change is needed.

Purpose: The purpose of this study was to investigate teachers’ perceptions of specific factors that have influenced their continued implementation of classroom PA. This study provides insight into the teacher perceptions, and aims to identify connections among orientation to learning and …

The Association Of Attitude, Perceived Behavioral Control, And Intention With Fruit And Vegetable Intake Among Rural West Virginian Residents With Pre-Diabetes In Mineral And Hampshire Counties, Diana Leigh Niland

Graduate Theses, Dissertations, and Problem Reports (ETD)

The Association of Attitude, Perceived Behavioral Control, and Intention with Fruit and Vegetable Intake among Rural West Virginian Residents in Mineral and Hampshire Counties with Pre-diabetes

Introduction: Pre-diabetes affects approximately 84.1 million adults in the United States. Pre-diabetes is one of the leading predictors of type 2 diabetes. West Virginia ranks number one in the prevalence of diabetes. Fruit and vegetable intake may assist in reducing risk for pre-diabetes. However, most adults do not consume the recommended daily amount. There are no studies investigating the fruit and vegetable intake (FVI) of rural West Virginian residents with pre-diabetes.

Method: After IRB …

Cognitive And Affective Influences On Decision-Making Strategies And Outcomes, Michaela S. Reardon

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study examines how factors such as emotion and planning abilities, determine decision-making strategies and outcomes. Consumer-based decision tasks are one way for researchers to measure the decision-making process and outcomes of individuals, while bringing an element of reality to the task through the utilization of decisions about everyday items that someone might purchase (e.g., a car, apartment, etc.). Using these types of tasks, researchers can measure the quality of a decision (e.g., did the participant come up with the best solution?), as well as the decision or search strategy. Previous research shows that cognitive factors are important when individuals …

Promoting Sense Of Belonging And Interest In Geosciences Among Undergraduate Women Through Mentoring, Wenyi Du

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study is to investigate whether students’ university sense of belonging mediates the relationship between mentor network diversity and students’ interest development among undergraduate women in STEM majors. The sample for this study was consisted of 277 undergraduate women majoring in a STEM discipline with initial interests in geosciences across nine universities within the United States. A regression-based mediation analysis was performed using the Hayes’ (2013) macro to test the indirect effect of mentor support on interest through university sense of belonging. Consistent with our hypothesis, the analysis revealed a statistically significant and positive indirect effect of …

In Situ Measurement Of Fatigue Induced Crack Growth In Inconel 718 Using Direct Current Potential Drop Method, Joel C. Lindsay

Graduate Theses, Dissertations, and Problem Reports (ETD)

With recent advances in air breathable engines comes more extreme temperature environments that engine components must tolerate. During the design of these engines, it is necessary to understand how material fatigue failures occur at these new, higher operating temperatures. In providing understanding, the following fundamental study focuses on the statistical nature of crack jumps (changes in crack length over time) during fatigue in a polycrystalline nickel-based superalloy, Inconel 718 (IN718). In situ measurement of the crack length at several loading conditions were conducted using a direct current potential drop (DCPD) measurement method. Experimental data was collected at six different fatigue …

Health Literacy And Family Factors In The Transition To Adult Care In Adolescents With Type I Diabetes, Ellen M. Manegold

Graduate Theses, Dissertations, and Problem Reports (ETD)

Successful management of type 1 diabetes (T1DM) in adolescence involves multiple daily tasks, developmental changes, and the expectation of transition to an adult provider. Health literacy is one variable to consider in the context of transition, as studies have demonstrated the correlation of parental health literacy with health behaviors and outcomes, yet not studied adolescent health literacy in T1DM. Family factors (e.g., management responsibility, diabetes-specific family conflict, parental support) also are important to behavior and health outcomes in adolescents with T1DM. Study aims were to: 1) examine the association of adolescent health literacy to transition readiness and health outcome in …

Stockmanship Education And Evaluation, John K. Yost

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation documents two separate works. The first is an evaluation of WVU SFMS/SOIDC Large Animal Module and the second is the development and use of the Stockman’s Scorecard. The WVU SFMS/SOIDC Large Animal Module provides foundational information on food animal husbandry and veterinary procedures to SOF Combat Medic candidates. A quasi-experimental design was used to determine if the module content resulted in an increase in food animal production knowledge for the participants. Seventy-five percent of the subjects had no previous livestock exposure and only seven percent had previously participated in 4-H or FFA. Matched pair analysis determined that the …

Following The Leaders: Issue Attention And Agenda Dynamics In Women’S Health Care Policy, Kara Anne Fisher

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation focuses on shifts in issue attention in the policy process and examines policy changes. Describing agenda setting is important not only for understanding congressional behavior in general but also for understanding the institutional context of other political behavior. I focus on the processes of positive feedback to explain periods of dramatic policy changes observed over a long period of time.

The purpose of this study is to examine the changes in the politics of health policy which opened the door to women’s health care as an important feature of health politics. Thus, my research is motivated by three …

Investigation Of Bovine Conceptus Galectins And The Effect Of Bovine Conceptus Secretory Proteins On The Endometrial Epithelial Transcriptome, Heather Lynn Baldwin

Graduate Theses, Dissertations, and Problem Reports (ETD)

Pregnancy loss in cattle is greatest in the first 30 days of gestation. Near d15 of gestation, bovine conceptuses elongate and express LGALS1, an immunosuppressive glycan-binding protein believed to be essential for implantation. However, other members of the bovine galectin family, including LGALS3, LGALS4, LGALS7, LGALS8, LGALS9 and a galectin-13-like gene (LGALS13L), also may be expressed by the elongating conceptus. Therefore, galectin expression in elongating, d16 bovine conceptuses and intercaruncular endometrium as well as elongating, d14 ovine conceptuses and intercaruncular endometrium was assessed by RT-qPCR. Angus heifer and Texel ewes underwent estrous cycle synchronization and either inseminated or not bred. …

Internalized Heterosexism, Outness, Athletic Identity, And Perceived Stress Among Queer Female Athletes, Olivia C. Scott

Graduate Theses, Dissertations, and Problem Reports (ETD)

The historical presence of heterosexism in sport has been discussed in numerous publications, with unique considerations for female athletes (Anderson, Magrath, & Bullingham, 2016; Cahn, 1993; Griffin, 1998; Rankin, 1998). Unfortunately, few studies have examined the impact of this climate on female athletes with minoritized sexual identities. Most research pertaining to this population has been qualitative and largely focused on lesbian athletes (Fynes & Fisher, 2016; Stoelting, 2011). Consequently, more generalizable conclusions about queer female athlete experiences has been limited. The present study was an attempt to address this research gap, by assessing the internalized heterosexism, outness, athletic identity, and …

Trustworthiness And Stability In Same And Different Sex Relationships: Heterosexuals’ Attitudes Toward Bisexuality, Jeneice Shaw

Graduate Theses, Dissertations, and Problem Reports (ETD)

Although bisexuals are reportedly the largest sexual orientation minority group in North America (Copen, Chandra, & Febo-Vazquez, 2016), there is scant research examining the population without also including lesbian women and gay men. However, according to the American Psychological Association’s (2012) Guidelines for Psychological Practice with Lesbian, Gay, and Bisexual Clients, psychologists should endeavor to understand the unique experiences of the bisexual population. Bisexual individuals face different stereotypes, conflict within the LGB community, and different life experiences related to other sexual orientations (Rust, 2000). Two unique stereotypes applied to the bisexual community are that bisexuality is an unstable sexual orientation …

Differences In Sexual Delay Discounting Among In-Treatment Adults With Opioid Use Disorder, Jonathan J.K. Stoltman

Graduate Theses, Dissertations, and Problem Reports (ETD)

Previous research has found impulsive decision-making to be a core component of addiction (Moody, Franck, Hatz, & Bickel, 2016). One way to measure impulsive choice is through the use of a delay discounting task. The delay discounting task provides a way to measure choice of immediate, smaller rewards compared to delayed, larger rewards (Odum, 2011b). An emerging area of research in addiction science is the intersection of addiction and sexual health. Previous sexual delay discounting research has focused on whether attractiveness or STD risk can shift the likelihood of waiting until a condom was available (Johnson & Bruner, 2012). This …

Time-Dependent Deformation And Associated Failure Of Roof In Underground Mines, Yuting Xue

Graduate Theses, Dissertations, and Problem Reports (ETD)

In underground coal mines, roof falls are a major contributor to injuries and fatalities. Studies have related the occurrence of roof fall to weak immediate roof, high horizontal stress, entry orientation, etc. An often-neglected factor in studies on this topic has been the influence of time-dependent behavior of the roof rock on roof falls. The time-dependent roof failure activity involves both intact and failed rocks. Numerical simulation techniques are available that include time-dependent behavior; however, they lack constitutive models that consider both the intact and the failed behavior of rock. In addition, input properties for the creep models only include …

The Parent-Child Interaction Therapy Family Experiences And Feedback Study: A Follow-Up Examination Of Attrition In An Evidence-Based Treatment In Community Settings Statewide, Brittany K. Liebsack

Graduate Theses, Dissertations, and Problem Reports (ETD)

Attrition is a significant problem in child psychotherapy (De Haan, Boon, De Jong, Hoeve, & Vermeiren, 2013) and has serious implications (Barrett et al., 2008). Predictors of attrition include those at the client, therapist, and treatment levels. The current study investigated variables associated with attrition in Parent-Child Interaction Therapy (PCIT), an evidence-based parent training program for families with young children (ages 2.5- to 7-years-old) with disruptive behavior disorders. The sample of 67 caregivers were treated by 25 therapists from 19 different licensed psychiatric outpatient clinics across one state and were part of a larger study (RO1 MH09750; A Statewide Trial …

Measuring The Effects Of Interpretive Journalism On Trust And Credibility Perceptions In The Context Of Political News Coverage, Scott William Siker

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study examines the effects of interpretive journalism on trust and credibility perceptions. Specifically, this study investigates interpretive journalism in the context of political news coverage and also examines the relationship between political ideology and the aforementioned variables. This study uses a 2 (interpretive journalism; fact-based journalism) x 2 (political ideology: conservative leaning; liberal leaning) between-subjects online experiment to test the proposed hypotheses. Findings illustrate the predictive value of credibility to trust within the context of political news coverage. Additionally, this study shows that individuals exhibit higher perceptions of trust and credibility towards fact-based political coverage as opposed to interpretive …

Copper-Catalyzed Regioselective Boracarboxylation Of Vinyl Arenes: Catalytic Efficiency And Synthetic Utility, Trina M. Perrone

Graduate Theses, Dissertations, and Problem Reports (ETD)

Hetero(element) carboxylation is an appealing transformation that involves the installation of CO2 and another hetero(element) in one step. This transition metal-catalyzed one-pot synthesis provides a route to achieve highly functionalized carboxylic acid products with an abundant and cheap C1 feedstock. This difunctionalization also avoids the use of reactive metal hydride species, which is a prominent limitation of hydrocarboxylation chemistry. A copper-catalyzed regioselective boracarboxylation of vinyl arenes has been developed to access pharmaceutically relevant β-boryl-α-aryl propionic acid products. One drawback of this reaction is the necessity for high catalyst loading to achieve catalytic turnover. To circumvent this issue, the reduction of …

Evaluating Post-Fire Plantation Restoration In A Mixed Conifer Forest In The Sierra Nevada, Iris C. Allen

Graduate Theses, Dissertations, and Problem Reports (ETD)

Forests in the western United States have experienced a shift from historical disturbance regimes in the past century. Many of these changes were induced by European settlers logging the forests and suppressing fires. In the past, the dry mixed conifer forests of California’s Sierra Nevada mountains experience frequent, low to mixed severity fires. This fire regime helped maintain a heterogeneous landscape comprised of groups of trees and openings. However, due to fire suppression and high grading logging, forest structure has changed; there are less openings and more small, fire-intolerant trees that can carry a fire into the forests crown. The …

A Video Decision Aid To Influence Advance Care Planning, Angela Petry

Graduate Theses, Dissertations, and Problem Reports (ETD)

The best mechanism to achieve successful advance care planning has yet to be identified. A randomized, controlled, experimental study was performed with a sample of 54 men and women who met inclusion criteria and were randomized into the intervention versus the control group in an outpatient clinical setting in rural West Virginia (WV) from December 2018 to March 2019. Participant mean age was 72.4 years. For those who chose to participate (n=42), the intervention group received the usual standard of care, which was a face to face advance care planning (ACP) discussion with the new intervention of a video decision …

An Investigation Of The Relation Between Mindfulness And Self-Esteem Stability, Cameron Grant Ford

Graduate Theses, Dissertations, and Problem Reports (ETD)

Self-esteem stability is the magnitude of the short-term fluctuations in one’s immediate feelings of self-worth (Kernis, 2005). Stable self-esteem is associated with several psychological benefits, such as lower depression (Kernis et al., 1998). However, it is unknown what factors lead to self-esteem stability. Because mindfulness promotes a nonjudgmental orientation whereby thoughts, feelings, and reactions are viewed as transient events that do not necessarily represent objective reality, mindfulness might be associated with more stable self-esteem. Thus, the present research examined the relation between mindfulness and self-esteem stability. Undergraduates (N = 190) were randomly assigned to one of three conditions: mindfulness …

Untangling The Reciprocal Relation Of The Behavioral And Physiological Immune Systems, Baris Sevi

Graduate Theses, Dissertations, and Problem Reports (ETD)

In the past decade, there has been an exponential increase in the study of the Behavioral Immune System (BIS), a suite of psychological processes that serves an infectious disease avoidance function. The BIS is proposed to be inherently intertwined with the physiological immune system. However, very few studies have actually demonstrated this fundamental, theoretical assumption. The purpose of this thesis was to test the possible relation between the physiological and behavioral immune systems in two studies. In Study 1 (N = 388), the relation between implied activation of the physiological immune system and BIS sensitivity was examined. Participants who reported …