The Joyful Path Of Lifelong Mastery Of The Piano, John Alan Rose

Graduate Theses, Dissertations, and Problem Reports (ETD)

Designed to function as a handbook for pianists, this research project is written in a friendly manner. Organized by theme, it contains a multiplicity of approaches that pianists at all levels can apply to their daily piano practice to help deepen the meaning and efficacy of their work. No matter what role the piano plays in your life, there is much in this document that will help you find joy as you discover new things about yourself through practicing the piano. From methods of practice to philosophies by established performers, this project has enough material to be kept within arm’s …

The Color Line: A Review And Reflection For Antiracist Scholars, Jasmine Gonzales Rose

Faculty Scholarship

In The Color Line: A Short Introduction, David Lyons provides a valuable service to students and academics in law, social sciences, and humanities by providing a concise history of the development and maintenance of race and racial order through law, policy, and discrimination in the United States. Lyons effectively outlines how race and racism were developed through these mechanisms in an effort to facilitate and maintain white supremacy.

Paying Americans To Take The Vaccine - Would It Help Or Backfire?, Christopher Robertson, Daniel Scheitrum, K. Aleks Schaefer, Trey Malone, Brandon R. Mcfadden, Kent D. Messer, Paul J. Ferraro

Faculty Scholarship

This research investigates the extent to which financial incentives (conditional cash transfers) would induce Americans to opt for vaccination against COVID-19. We performed a randomized survey experiment with a representative sample of 1,000 American adults in December 2020. Respondents were asked whether they would opt for vaccination under one of three incentive conditions ($1,000, $1,500, or $2,000 financial incentive) or a no-incentive condition. We find that—without coupled financial incentives—only 58% of survey respondents would elect for vaccination. A coupled financial incentive yields an 8-percentage-point increase in vaccine uptake relative to this baseline. The size of the cash transfer does not …

The Need For A Strong And Stable Federal Public Health Agency Independent From Politicians, Jacqueline Salwa, Christopher Robertson

Faculty Scholarship

The COVID-19 pandemic has revealed the precariousness of federal public health institutions in the United States, and how disastrously things can go when those institutions are undermined by political forces. Such institutions can be disbanded, underfunded, populated with incompetent political hacks, manipulated, or sidelined. As a field, public health in particular needs some political space, given that it requires deep scientific expertise and needs to communicate to the public clearly, reliably, and with authority to engender trust. Key public health agencies, such as the Centers for Disease Control and Prevention (CDC) in particular, should be buttressed against future political encroachment, …

Litigation As Education: The Role Of Public Health To Prevent Weaponizing Second Amendment Rights, Michael Ulrich

Faculty Scholarship

Tobacco litigation was unquestionably successful, but it is dangerous to expect that it can be easily duplicated. An unrealistic reliance on litigation as a regulatory measure can blind public health advocates to other mechanisms of change. And that includes litigation as a means of enabling actual regulation. Firearms and the gun violence epidemic provides a useful case study. The Protection of Lawful Commerce in Arms Act (PLCAA) essentially bars litigation as a regulatory tool for firearms. This legislation means every time someone pulls the trigger, they become the party to blame. Soto v. Bushmaster Firearms presents a rare exception based …

Understanding University Fee Litigation: A Few Lessons About The Perils Of Imprudence For Higher Ed Plan Sponsors, Maria O'Brien, Calvin Utter

Faculty Scholarship

Beginning in August 2016, a series of class action lawsuits were filed on behalf of participants and beneficiaries of 403(b) employee retirement plans sponsored by major American colleges and universities. These plans are regulated by the 1974 Employee Retirement Income Security Act (“ERISA”), which sets minimum standards to protect the participants and beneficiaries of voluntarily established retirement and health plans. The allegations in the several lawsuits have centered primarily around breaches of fiduciary duties by those charged with administering the plan.

These cases are all class action lawsuits brought on behalf of the participants and beneficiaries of the plans in …

Evaluation Of Various Separation Techniques For The Removal Of Actinides From A Rare Earth-Containing Solution Generated From Coarse Coal Refuse, Deniz Talan

Graduate Theses, Dissertations, and Problem Reports (ETD)

Rare earth elements have emerged as a vital commodity due to their significance in the production of high-tech devices as well as their utilization in defense and military systems. They are deemed critical due to potential scarcity, supply constraints, and the lack of minable concentrations. Therefore, alternative sources are needed to meet the demand and continue manufacturing rare earth-required products. Coal and coal by-products, in that regard, have presented a significant opportunity and proven to contain a considerable amount of rare earths. However, toxic elements such as thorium and uranium are frequently seen in the same mineralization as rare earths. …

The Effect Of Natural Fractures On The Mechanical Behavior Of Limestone Pillars: A Synthetic Rock Mass Approach Application, Mustafa Can Süner

Graduate Theses, Dissertations, and Problem Reports (ETD)

In general, underground limestone mines have inherently strong rock and experience good ground stability. Also, modern pillar design guidelines developed by National Institute for Occupational Safety and Health (NIOSH) have improved the design of stable layouts for modern limestone mines. However, ground control-related incidents are still an important problem. In underground limestone mines, previously mined sections stay open for the life of the mine which may be many years, and it is possible for travel ways to working faces to pass through these old sections. In a recent massive pillar collapse in an old section of a mine in Pennsylvania …

“Sir, We Have The Honour Most Respectfully To Submit Our Humble Petition”: Voices In Ink And The Politics Of Petitions In Colonial Igboland, Nigeria, 1892-1960, Bright Chiazam Alozie

Graduate Theses, Dissertations, and Problem Reports (ETD)

With limited access to the traditional sources that historians typically use to document their work, it has become necessary to find new ways to explore the voices of local peoples who have been historically “denied a voice.” One way is through the study of petitions. Indeed, scholars of history have sparingly used petitions in some way while few have made systematic use of them. Even so, historians of colonial Africa have largely overlooked petitions in their studies, despite the important role that these sources played in negotiating African-European relations. This dissertation revolves around the hundreds of selected petitions, dubbed “voices …

Effects Of Multiple Stressors On Aquatic Macroinvertebrate Communities In A Mixed-Land-Use Watershed, Joellen Stivala

Graduate Theses, Dissertations, and Problem Reports (ETD)

As urbanization continues, there is a need to identify and understand environmental stressors that impact stream condition in mixed-land-use watersheds. This study analyzed four years of aquatic macroinvertebrate community and environmental data collected from ten sites located at the mouths of first-order tributaries and along the main stem creek of a 23-km², mixed-land-use watershed in central Appalachia. The main objectives were to 1) determine stream ecological integrity by analyzing stream macroinvertebrate taxonomic and trait-based composition and 2) assess which of 23 environmental variables explained significant variability in common community composition metrics (WVSCI, GLIMPSS, Biotic Index, % clingers, etc.). …

Exploring Early Signaling Associated With Complex Stressors, Julia A. Penatzer

Graduate Theses, Dissertations, and Problem Reports (ETD)

Humans are constantly exposed to a vast number of stressors in our everyday lives from social interactions to physical activity to chemical exposures, to name a few. These stressors have significant impacts on an individual, from the cellular to whole organismal level. The body contains an intricate communication system that elicits a number of both biological and physiological responses as it attempts to maintain homeostasis. Observing these responses to stressors, can offer insight into a number of outcomes, which can be beneficial (increasing life longevity) or detrimental (leading to a disease state). By measuring specific biological adaptations at particular time …

Covid-19 Vaccine Rollout: Examining Covid-19 Vaccination Perceptions And Intention Among Nurses, Emilee T. Austin

Graduate Theses, Dissertations, and Problem Reports (ETD)

Nurses’ COVID-19 vaccination rates have been reportedly low for being among the first prioritized for vaccination. To understand and potentially explain uptake barriers, this thesis utilized the 5c Model, the Integrative Model, the Extended Parallel Process Model, Uncertainty Management Theory, and the Theory of Motivated Information Management. This project used an online survey with a convenience sample recruited through the WV Nurses Association. Specifically, there were 328 nurses recruited, then screened for fully vaccinated participants leaving an analytic sample of 174 West Virginia nurses who had not yet been vaccinated. Participants were asked about their nursing role, threat perceptions, susceptibility …

Independent, Semi-Automated Classification Of Petrographic Features In Volcanic Rocks Using Fiji And Weka, Holly Danielle Pettus

Graduate Theses, Dissertations, and Problem Reports (ETD)

Traditional methods of collecting quantitative petrographic data from thin sections (modal mineralogy, size distribution, shapes, etc.) are time- and labor-intensive, and rarely have sample sizes adequate to statistically describe complex rocks (i.e. volcanic rocks). Although manual counting and measurements are now routinely supplemented by digital image analysis, the majority of quantitative petrographic studies still go through a manual digitization stage where object classes are traced before further analyses. This is a major rate-limiting step that reproduces the same problems of small n-values resulting from significant effort. We have valuated the potential and limitations of using the Trainable Weka Segmentation (TWS) …

Taxing Buybacks, Daniel J. Hemel, Gregg D. Polsky

Coase-Sandor Institute for Law & Economics Research Paper Series

A recent rise in the volume of corporate share repurchases has prompted calls for changes to the rules governing stock buybacks. These calls for reform are animated by concerns that buybacks enrich corporate executives at the expense of productive investment. This emerging antibuyback movement includes prominent politicians as well as academics and Republicans as well as Democrats. The primary focus of buyback critics has been on securities-law changes to deter repurchases, with only passing mention of potential tax-law solutions.

This Article critically examines the policy arguments against buybacks and arrives at a mixed verdict. On the one hand, claims that …

Regulation And Redistribution With Lives In The Balance, Daniel J. Hemel

Coase-Sandor Institute for Law & Economics Research Paper Series

A central question in law and economics is whether non-tax legal rules should be designed solely to maximize efficiency or whether they also should account for concerns about the distribution of income. This question takes on particular importance in the context of cost-benefit analysis. Federal agencies apply cost-benefit analysis when writing regulations that generate multibillion dollar impacts on the US economy and profound effects on millions of Americans’ lives. In the past, agency cost-benefit analyses typically have ignored the income-distributive consequences of those regulations. That may soon change: On his first day in office, President Biden instructed his Office of …

Equalizing The Tax Treatment Of Stock Buybacks And Dividends, Daniel J. Hemel, Gregg D. Polsky

Coase-Sandor Institute for Law & Economics Research Paper Series

his policy brief highlights flaws in the current federal tax treatment of stock buybacks and proposes to address those flaws by equalizing the tax treatment of buybacks and dividends. (We explore the proposal in greater detail in Hemel & Polsky, Taxing Buybacks, 38 Yale J. on Reg. 246 (2021), https://ssrn.com/abstract=3764112.) Stock buybacks allow foreign shareholders to avoid U.S. withholding tax on corporate cash distributions. Stock buybacks also allow U.S. taxable investors to reduce or eliminate shareholder-level tax on corporate cash distributions through a combination of deferral, loss harvesting, and stepped-up basis at death. Our proposal—based on an idea first suggested …

Stigler's Theory Of Economic Regulation After Fifty Years, Sam Peltzman

Coase-Sandor Institute for Law & Economics Research Paper Series

George Stigler’s “The Theory of Economic Regulation” (1971) is a landmark in the economics of regulation. It used simple public choice reasoning to set out the “capture theory” of regulation whereby “… as a rule, regulation is acquired by the industry and is designed and operated primarily for its benefit.” This article, written for a commemoration of the 1971 article in Public Choice, summarizes the context within which the article appeared and evaluate its long run impact. A central argument is the need to distinguish “acquired” from “designed and operated.” The rule that regulation is produced in response to industry …

Antitrust And Labor Markets: A Reply To Richard Epstein, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

In his article, The Application of Antitrust Law to Labor Markets—Then and Now, Richard Epstein argues that rather than urge courts and regulators to apply antitrust law to labor markets, reformers who care about labor market competition should try to constrain unions. In this reply, I argue that Epstein’s assumptions about labor market structure are contradicted by mountains of empirical evidence. The anticompetitive behavior of employers causes significant harm to social welfare—both in terms of economic output and equity. Antitrust law is a valuable tool for addressing America’s ailing labor markets.

Framing Vaccine Mandates: Messenger And Message Effects, Christopher Buccafusco, Daniel Hemel

Coase-Sandor Institute for Law & Economics Research Paper Series

In September 2021, President Biden announced that the Occupational Safety and Health Administration (OSHA) would require all employers with 100 or more employees to ensure that their workers are fully vaccinated against Covid-19 or show a negative test for the virus at least once a week. The policy has been widely characterized in the media as “President Biden’s vaccine mandate,” though it could be described with equal accuracy as “OSHA’s testing mandate” (since OSHA, rather than Biden, officially promulgated the policy, and once-a-week testing and vaccination are both valid compliance options). Some commentators have speculated that reframing the policy as …

The Tax Gap's Many Shades Of Gray, Daniel J. Hemel, Janet Holtzblatt, Steve Rosenthal

Coase-Sandor Institute for Law & Economics Research Paper Series

The “tax gap”—the difference between the amount of “true tax” and the amount of tax actually paid—has garnered widespread attention in recent months. Much of the commentary on the subject equates the tax gap with “tax evasion,” a term broadly understood to connote intentional (and potentially criminal) under reporting. This paper cautions against conflating the tax gap with tax evasion. The tax gap includes substantial gray areas where the law is ambiguous and the IRS’s determination of “true tax” is debatable. On top of that, the IRS’s methodology for measuring the tax gap includes upward adjustments that are recommended by …

Probabilistic Disclosures For Corporate And Other Law, Saul Levmore

Coase-Sandor Institute for Law & Economics Research Paper Series

This Article explores the costs and benefits of one subset of continuous and discontinuous rules. These expressions are shown to be distinct from the familiar dichotomy expressed as standards versus rules, but they share the difficulty of dividing the world of law in two. Still, regulatory approaches that focus on discontinuities can often be made more continuous, and vice versa. A speed limit is discontinuous in the sense that one drives above or below (or within) the announced limit. But it is often made more continuous – even with more discontinuities – as when the stated limit is different for …

Investigating Nox Vs Co2 Tradeoff In Heavy Duty Emissions Through The Years Under The Scope Of Carb’S 3-Bin Moving Average Window Method, Ghadi Sadek

Graduate Theses, Dissertations, and Problem Reports (ETD)

With the rise in urban pollution level over the last few years, regulatory agencies around the world have taken multiple steps to ensure engine exhaust pollutant are well monitored and properly regulated. Yet there exists a significant difference in emissions rates in various operating conditions between US and European products which currently uses a Moving average window (MAW) approach for their in-use compliance testing and certification program. Using WVU’s vehicle data collected using PEMS devices, this study aims at investigating the NOx versus CO2 tradeoff found in heavy duty diesel engines equipped with different aftertreatment technologies, under the scope of …

Nitrite Supplementation Restores Aortic Health In Chronically Stressed Mice, Tyler Coblentz

Graduate Theses, Dissertations, and Problem Reports (ETD)

Chronic stress increases the risk of developing cardiovascular disease potentially via increases in elastic artery stiffness and endothelial dysfunction. Decreased bioavailability of the potent vasodilator nitric oxide (NO) describes a hallmark of endothelial dysfunction. Nitrite reduces into active NO, providing an alternative pathway of NO restoration. The effect of nitrite supplementation on aortic endothelial function has yet to be determined in chronically stressed mice. We hypothesized that nitrite supplementation would rescue chronic stress-attributed impairments in aortic endothelial function.

Mice at 18 weeks of age underwent an unpredictable chronic mild stress (UCMS; 5 days/week for 7 hrs/day) paradigm to elicit a …

Three Essays In Applied Urban Economics, Alexander Cardazzi

Graduate Theses, Dissertations, and Problem Reports (ETD)

The first chapter examines the effect of policing strategies on housing prices. Crime has been shown to negatively affect housing values. However, there is not much empirical evidence documenting the amenity value of how people are policed. Stop & Frisk was a particularly salient policing tactic employed in New York City until a judge ruled it to be unconstitutional. This chapter uses exogenous variation in Stop & Frisk behavior resulting from landmark events in a federal class action lawsuit as well as exposure to Operation Impact, a high intensity policing strategy, to explain variation in property sales. Results indicate a …

Getting Connected: Exploring The Role Of Sustainability Labels In Tourism Marketing Communications, Elvira Kizilova

Graduate Theses, Dissertations, and Problem Reports (ETD)

While sustainability has become an important brand differentiator in many industries, current research suggests that tourism businesses rarely use sustainability labels in their communications, e.g., on their websites or other types of advertisements.

This dissertation examines the role of sustainability labels in increasing consumer preferences for sustainable travel destinations. Drawing on social exchange theory and anthropomorphism framework, we propose that sustainability labels increase consumer visit intentions, willingness to recommend a destination to someone else, and willingness to pay price premium for the sustainable offer. These effects are mediated by perception of goal congruence and connectedness with a destination. We further …

Sexual And Place-Based Identity: A Life Course Analysis Of Lgbtq+ Undergraduate Understandings Of Climate Change In Appalachia, Brandon Anthony Rothrock

Graduate Theses, Dissertations, and Problem Reports (ETD)

LGBTQ+ persons face heightened vulnerability to climate change-induced disasters due to their sexual orientation, gender identity, and gender expression. Yet, there are limited studies that examine how LGBTQ+ students, particularly in a higher-education setting, understand climate change in relation to their sexuality. With a majority of studies on LGBTQ+ persons and climate change focusing on LGBTQ+ experience during and after disaster, there is a gap in understanding LGBTQ+ perceptions of climate change in the day-to-day. Particularly in Appalachia, a region characterized by a strong place-attachment to and a collective identity with the natural environment, studies of marginalized groups’ perceptions of …

Analyzing Safety Audits To Improve Logging Safety Performance, George Daniel Nolan Jr

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study examines logging safety audits to determine how different variables, and differing amounts of time between audits, affect the outcome of safety score performance. To collect the data for this study a three-page paper audit was used that examined five areas of the logging site which include: Personal protective equipment (PPE), general, felling, mobile equipment and, landing and loading.

The study analyzed 3 aspects of the audit which were the total score and the sub-categories of PPE and felling since they were the two heaviest weighted sections. The analysis only included audits that had a 5 percent or greater …

Geology Oriented Loading Approach For Underground Coal Mines, Deniz Tuncay

Graduate Theses, Dissertations, and Problem Reports (ETD)

Mining-induced stresses in underground coal mines play a significant role in pillar and support design, hence in the safety of mining operations. Adequate design of pillars and roof control plans rely on the accurate assessment of the mining-induced loads, as well as the load-bearing capacities of the supports. In pillar design tools frequently used by the underground coal mining industry and Mine Safety and Health Administration (MSHA), overburden loading is estimated by geometric concepts such as the tributary area and the abutment angle method. These methods do not explicitly consider important mechanical responses such as specific overall ground behavior. The …

Supreme Court Precedent And The Politics Of Repudiation, Robert L. Tsai

Faculty Scholarship

This is an invited essay that will appear in a book titled "Law's Infamy," edited by Austin Sarat as part of the Amherst Series on Law, Jurisprudence, and Social Thought. Every legal order that aspires to be called just is held together by not only principles of justice but also archetypes of morally reprehensible outcomes, and villains as well as heroes. Chief Justice Roger Taney, who believed himself to be a hero solving the great moral question of slavery in the Dred Scott case, is today detested for trying to impose a racist, slaveholding vision of the Constitution upon America. …

Antibacterial R & D At A Crossroads: We’Ve Pushed As Hard As We Can...Now We Need To Start Pulling!, John H. Rex, Kevin Outterson

Faculty Scholarship

In this issue of Clinical Infectious Diseases, Dheman et al [1] present an analysis by experts at the US Food and Drug Administration (FDA) of trends in antibacterial clinical development over the past 4 decades. By turns instructive and disturbing, this 40-year perspective provides insight into the impact of efforts to restore the antibacterial pipeline.

As a preview, the key messages from Dheman et al are all bad news for public health: (1) the number of new antibacterials in clinical development is (again) falling, (2) the risk of failure is rising, (3) the speed of clinical development …