Digital Commons Network^™

The Cost Of Guilty Breach: Willful Breach In M&A Contracts, Theresa Arnold, Amanda Dixon, Madison Whalen Sherrill, Hadar Tanne, Mitu Gulati

Faculty Scholarship

The traditional framework of United States private law that every first-year student learns is that contracts and torts are different realms—contracts is the realm of strict liability and torts of fault. Contracts, we learn from the writings of Justice Holmes and Judge Posner, are best viewed as options; they give parties the option to perform or pay damages. The question we ask is whether, in the real world, that is indeed how contracting parties view things. Using a dataset made up of one thousand mergers and acquisitions (M&A) contracts and thirty in-depth interviews with M&A lawyers, we find that there …

Beyond Profit, Emilie Aguirre

Faculty Scholarship

Etsy was a crown jewel of socially responsible businesses. It prioritized female entrepreneurship, its employees, and environmental stewardship. It was widely admired as a company pursuing social goals alongside profit goals. But after scaling up through an IPO, Etsy fell apart both socially and financially. Similar stories proliferate in the world of socially conscious business. What happened? Standard accounts point to greedy investors, capitalism, and short-termism as the culprits.

But this Paper identifies a more fundamental problem: business law is not designed to facilitate scale-ups for companies that articulate objectives beyond profit. It lacks a durable commitment mechanism for these …

Stealing (Identity) From The Poor, Sara S. Greene

Faculty Scholarship

The law of data breaches is new, dynamic, and evolving. The number and complexity of breaches increases each year and legal scholars, courts, and policymakers scramble to respond. In 2019, 14.4 million consumers became victims of identity theft, the most problematic consequence of data breaches for consumers. Indeed, one-third of all Americans have experienced identity theft at some point in their lives. Yet despite low-income groups comprising at least thirty percent of all identity theft victims, existing discourse and debate on the regulatory regime governing data breaches and identity theft primarily reflects the experiences and concerns of middle- and high-income …

John Marshall Harlan And Constitutional Adjudication: An Anniversary Rehearing, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Two Concepts Of Gun Liberty, Joseph Blocher

Faculty Scholarship

No abstract provided.

Punishing With Impunity: The Legacy Of Risk Classification Assessment In Immigration Detention, Robert Koulish, Kate Evans

Faculty Scholarship

In 2012, the Department of Homeland Security adopted a risk classification assessment ("RCA") tool to run on migrants in the custody of Immigration and Customs Enforcement ("ICE"). The risk tool helped determine who was detained and who was released from ICE custody. It was intended to curb detention rates by limiting detention based on risk of flight and danger and to ensure that the conditions of civil immigration detention were distinct from those in criminal detention. This Article presents data from several RCA datasets received pursuant to the Freedom of Information Act.

The story of the RCA is one of …

Drugs, Patents, And Well-Being, Christopher Buccafusco, Jonathan S. Masur

Faculty Scholarship

The ultimate end of patent law should be to spur innovations that improve human welfare-innovations that make people better off. But firms will only invest resources in developing patentable inventions that will allow them to make money-that is, inventions that people will want to use and buy. This can gravely distort the types of incentives that firms face and the types of inventions they pursue. Nowhere is this truer than in the pharmaceutical field There is by now substantial evidence that treatments for diseases that primarily afflict poorer people-including the citizens of developing nations-are dramatically underproduced, compared with drugs that …

On The Scent: A History Of “The King Of The Foxes” Autograph Manuscript, Jennifer L. Behrens

Faculty Scholarship

No abstract provided.

Equality Metrics, Veronica Root Martinez, Gina-Gail S. Fletcher

Faculty Scholarship

This time is different. This time the death of another Black man at the hands of white police officers prompted calls for change not only within police departments, but across all aspects of American life. Those calls for change resulted in significant displays of support for the Black Lives Matter movement and interest in how to eliminate systemic racism and promote racial diversity and justice within one’s daily life and workplace. For the most part, corporations were quick to publicly align themselves with the movement. When carefully examined, however, many of the statements issued by corporations in support of the …

A Qualitative Study Of College Athletes’ Experiences Of The Covid-19 Pandemic, Carra Johnson

Graduate Theses, Dissertations, and Problem Reports (ETD)

The novel coronavirus (COVID-19) pandemic took a toll on collegiate athletics, as all in-person sport activity was shut down temporarily, and competition schedules were heavily altered. The purpose of this phenomenological study was to develop an understanding of how Division I collegiate athletes experienced the pause in college sports that resulted from the COVID-19 crisis, during the first seven to nine months of the pandemic (depending on the time of interview). Between October and December 2020, eleven participants (six females, five males) engaged in individual, semi-structured interviews in which they were asked to describe how the COVID-19 pandemic affected their …

Evaluation Of A Telenutrition Weight Loss Intervention Among Middle-Aged And Older Men In Appalachia, Afnan Majed Alamoudi

Graduate Theses, Dissertations, and Problem Reports (ETD)

Obesity rates among middle-aged and older men in WV are among the highest in the nation. Understanding baseline and intervention factors contributing to losing clinically significant weight are essential to developing effective interventions in target groups. Thus, the purpose of this study is to determine factors associated with losing ≥ 5% of baseline weight among participants of a 12-week pilot randomized controlled telenutrition trial for middle-aged and older men in WV. The study analyzed data from 56 participants who completed the trial. Participants were classified as losing ≥ 5 % or < 5 % of baseline body weight. Diet quality was assessed using 4-day diet records and the Healthy Eating Index (HEI)-2015. Baseline factors and behavioral strategies (i.e., self-monitoring, self-efficacy, and social support) were assessed via survey. Inverse prediction analysis demonstrated that participants who lost ≥ 3.5% of baseline weight at 6 weeks were at least 75% likely to lose ≥ 5% weight at 12 weeks. Predictive models were developed using stepwise logistic regression to assess multiple predictors of losing ≥ 5% of baseline weight at 12 weeks and ≥ 3.5% of baseline at 6 weeks. Weight loss at 6 weeks was a strong predictor of weight loss at 12 weeks, in addition to previous weight loss attempts and weekly self-weight-monitoring (p

Syphilis Screening Among Primary Care Providers, Sarah Christian, Nikki Franklin, Seth Stuart, Casey Tramel, Sereka Walker

MSN Research Projects

Syphilis is a sexually transmitted infection (STI) that can cause lesions on various mucosal areas of the body on an infected individual. If the disease is left untreated, syphilis can progress and affect an individual’s cardiovascular, neurological, and immune systems. The STI rates are on the rise across the United States, especially in the state of Mississippi. Because of the increase in syphilis rates in Mississippi, the researchers developed this study. The purpose of this study is to determine if primary care providers (PCPs) are knowledgeable and screening according to the guidelines of the Early and Periodic Screening, Diagnostic, and …

A Survey Of Primary Care Providers’ Strategies To Affect Influenza Vaccination Rates, Jennifer Moffett, Tracy Mitchell, Vera Simmons

MSN Research Projects

Influenza is a vaccine preventable disease that affects millions of Americans and causes thousands of deaths and billions in healthcare costs. Annual influenza vaccination is regarded by researchers and healthcare governing bodies as the most effective way to prevent contracting the flu. A large body of research exists supporting primary care providers as influential in regard to patients’ healthcare decision making. However, if strategies are consistently being implemented to affect influenza vaccination rates remains unclear. The purpose of this study was to identify strategies being implemented to affect influenza vaccination rates by asking two questions: 1. Do primary care providers …

Knowledge Of The 2017 American Heart Association Hypertension Guidelines, Kelsey Creel, Kristan Kelly, Linda Turner

MSN Research Projects

The primary purpose of this project was to determine the knowledge of nurse practitioners in Mississippi regarding the 2017 American Heart Association Hypertension Guidelines. Following approval by the Institutional Review Board (IRB), the researchers utilized a descriptive, quantitative survey design to evaluate the knowledge of Mississippi nurse practitioners of the 2017 American Heart Association Hypertension Guidelines in regards to diagnosis and management of hypertension. Utilizing social media, the researchers targeted specific Facebook sites for nurse practitioners who practice in the state of Mississippi. Data was gathered through SurveyMonkey using a questionnaire. The data gathered from the completed questionnaires were then …

Knowledge, Attitude And Perception Of People Towards The Novel Coronavirus Disease (Covid-19) Outbreak And Its Effects On Their Livelihoods: Perspectives From Diverse Populations, James Adefisoye

All Publications

Background: People’s behavior and compliance with COVID-19 control measures is associated with their knowledge, attitude and perceptions (KAP). To this end, we investigated the KAP among people from diverse populations towards the COVID-19 pandemic. We also examined the impact of the outbreak on their livelihoods.

Methods: A cross sectional study with the adoption of a 31-item questionnaire divided into five sections namely demographics, knowledge, attitudes, perception and effect on livelihood. Six countries were considered with Australia, United Kingdom and USA in developed countries category; India, Nigeria and South Africa were considered in developing countries category. Reponses were compared by development …

Critical Media Literacy And Black Female Identity Construction: A Conceptual Framework For Empowerment, Equity, And Social Justice In Education, Petra A. Robinson, Ayana Allen-Handy, Kala Burrell-Craft

Educational Leadership & Workforce Development Faculty Publications

This paper addresses the issues of knowledge production, which interrogate and disrupt dominant narratives that subjugate Black females related to their identity. We contextualize our discussion through the lens of critical consciousness and critical media literacy by exploring the role of popular media in identity development/imposition for Black females. We outline issues of Black female identity politics by framing them through the description of critical media literacy as a 21st century literacy, with Black Feminist Theory as our theoretical lens. Similar discussions have remained centered in the field of Media Studies and there has been inadequate attention to these issues …

Online Accelerated Learning Experiences And Self-Regulated Learning Skills Amoung Undergraduate Students, Cherng-Jyh Yen, Emrah Emre Ozkeskin, Moussa Tankari, Chih-Hsiung Tu, Hoda Harati, Laura E. Sujo-Montes

Educational Leadership & Workforce Development Faculty Publications

Many institutions have adopted an online accelerated learning model in which intensive online instructions are offered during the course of a normal semester to help students complete classes. Current research has focused on comparing different instructional lengths. Mixed findings have been reported. Accelerated instructions are not necessarily superior or inferior to traditional 16-week instructions. Research should focus on what is crucial and how to prepare students to succeed in accelerated online courses. This study examines whether self-regulated learning (SRL) skills may serve as predictors of positive accelerated learning experiences. It concludes that five SRL skills can predict success in online …

The International Student Experience At U.S. Community Colleges At The Onset Of The Covid-19 Pandemic, Melissa Whatley, Heidi Fischer

Educational Leadership & Workforce Development Faculty Publications

This study’s purpose is to explore the impact of the COVID-19 pandemic on international students who were studying at U.S. community colleges at the onset of this public health crisis. While previous work has explored the impact of the pandemic on international students generally, we argue that community college international students deserve focused attention due to their potentially marginalized status on their campuses. Using a mixed methods research approach, we analyze survey and interview data provided by community college international educators. Our results speak to two overarching themes: the supports provided to students at the onset of the pandemic (and …

The Effect Of Backpack Load On Trunk Kinematics Of Imitated Pathological Gait: A Case Study, Kara Kracher

EWU Masters Thesis Collection

Background: It is well documented that loaded backpacks affect the biomechanics of gait in both children and adults. Minimal information is available with regard to the effects of backpacks on the biomechanics of gait in individuals with clinical gait abnormalities, such as those seen in cerebral palsy. Healthy, non-clinical populations can be taught how to ‘imitate’ typical gait abnormalities in order to study various experimental interventions without enlisting clinical patients. The objective of this study was to determine the acute effect of backpack load on kinematics of the trunk during typical and imitated pathological gait. Methods: COVID 19 restrictions precluded …

Factors Influencing Student Enrollment In Career Academy Programs, Whitney Ketchledge, Michael Kosloski, Philip Reed

Educational Leadership & Workforce Development Faculty Publications

There is considerable research demonstrating strong benefits of the career academy model to students and teachers, but there is little indicating why students enroll in academies and what methods of recruitment may work best. This study assessed factors influencing students' decisions to enroll in career academy programs by looking at factors that influence students to apply for academy programs and reasons students have for choosing not to enroll in academy programs. A survey was used to collect the necessary data with n = 401 responses from students enrolled in an academy and n = 2,421 responses from students not enrolled …

A Pilot Study Of Meditation As A Stress Reliever For Dental Hygiene Students During Times Of Heightened Stress, Sarah Henderson

EWU Masters Thesis Collection

Purpose: Dental hygiene students face an exorbitant amount of stress during their educational pursuits. This has only been compounded by the added stress of the COVID-19 pandemic. Students may benefit from the practice of meditation in managing their stress levels during these trying times. This study analyzes the effectiveness of meditation as a stress reliever for dental hygiene students as they navigate their education during the pandemic and the effects it may have on perception of stress, academic achievement, and physical health.

Methods: Students participated in a four-week meditation study, consisting of a 30-minute guided meditation completed once weekly. Prior …

A Comparison Of Neuropathy Quality Of Life Tools: Norfolk Qol-Dn, Pn-Qol-97, And Neuroqol-28, Jennifer Joy Brown, Sheri R. Colberg, Shana Pribesh, Kimberly G. Baskette, Aaron I. Vinik

Human Movement Studies & Special Education Faculty Publications

Aims To explore the effectiveness of the Norfolk QOL-DN (QOL-DN), PN-QOL-97, and NeuroQOL-28 as tools for early detection of diabetic peripheral neuropathy in overweight, obese, and inactive (OOI), prediabetes (PD), and type 2 diabetes (T2D) individuals.

Methods Thirty-four adults were divided by A1C [(10 OOI, 13 PD, and 11 T2D] and the sural nerves were tested bilaterally via NC-Stat DPN Check, conducting a sural nerve conduction study (NCS). Participants were individually timed, filling out questionnaires (QOL-DN, NeuroQOL-28, and PN-QOL-97) at a self-selected pace. Data were analyzed and compared to NCS findings to determine the best instrument for early neuropathy detection, …

Investigating The Protective Effects Of Intestinal Gaba[Subscript A] Receptor Activation On An Animal Model Of Multiple Sclerosis, Hannah M. Kohl

EWU Masters Thesis Collection

Gamma aminobutyric acid (GABA) is an inhibitory neurotransmitter, produced by neurons in the central nervous system (CNS) and by some species of intestinal bacteria. GABAA receptors are found not only in the CNS, but also in T cells and within the intestines. Past studies have indicated that GABA can have an anti-inflammatory effect and production of GABA by gut bacteria decreases in patients with multiple sclerosis (MS). We examined whether administration of a positive allosteric GABAA receptor modulator, farnesol, ameliorates the progression of experimental autoimmune encephalomyelitis (EAE), a murine model of MS and whether those effects correlated with a decrease …

Virtual Objective Structured Clinical Examinations As A Framework For Active Learning And Assessment: A Retrospective Analysis Of Dental Hygiene Student And Instructor Perceptions, Kellie Whitcomb

EWU Masters Thesis Collection

Purpose: Millennials have unique needs as learners and have come to expect the use of technology in education. Utilizing technology to implement formative virtual objective structured clinical examinations (vOSCEs) may engage millennial students due to the non-linear nature and active pedagogy while also preparing them for provisional or full licensing exams. The purpose of this study was to determine what implications there may be for future formative vOSCE use in dental hygiene programs by assessing dental hygiene student and clinic faculty experience with vOSCEs.

Methods: Research was from a qualitative perspective. The design was a retrospective phenomenological cohort study utilizing …

Kinematic Variations Between Successful And Unsuccessful Dynamic Rock Climbing Movements, Max R. Jarvis

EWU Masters Thesis Collection

Rock climbing as a sport and leisure activity has grown exponentially in popularity in recent years. Claims of best technique for rock climbing have been made in guide books, but are unsubstantiated. Specific upper body characteristics, determinants of climbing skill, and injury prevalence have been evaluated, but research examining climbing-specific movements has remained largely unexamined. The purpose of this study was to determine the angular kinematics and center of mass (COM) characteristics of the two-handed dynamic climbing maneuver (dyno). Participants received three attempts to complete a dyno on a 15° overhanging bouldering wall (EPIC Adventures) that were recorded via camcorder …

Connections During Times Of Change: The Interplay Between Gratitude Communication, Well-Being And Resilience, Aubrey Carlene Moore

EWU Masters Thesis Collection

This pilot study investigates the relationships between gratitude communication, well-being, and resilience in times of change. The 2019 coronavirus, COVID-19, brought on a global pandemic that continues to impact people’s lives daily. However, due to continuous changes, lockdowns, social distancing, mask mandates and more, people have found other ways to stay connected in lieu of face to face communication. This study aims to understand better how people are moving forward during these challenging, ever-changing times. Using an online survey and previously established measures including the Gratitude Questionnaire (GQ-6), the Satisfaction with Life Scale (SWLS), and the 14-item Resilience Scale (RS-14), …

Politics And Pandemics: An Investigation Of The Potential Covariates In The Relationship Between Conservative Political Ideology And Reduced Facemask Wearing, Danielle M. Foster

EWU Masters Thesis Collection

Facemasks have been empirically shown as one of the most effective non-pharmaceutical interventions in preventing the spread of COVID-19. However, research shows that individuals identifying as politically conservative are less likely to comply with mask mandates and engage in less mask wearing. This study investigated five variables that could explain the relationship between political identity and less mask wearing: loyalty to ingroup and obedience to authority moral foundations, trust in science, belief in conspiracy theories, and psychological reactance. Using an online survey system, 138 U.S. adults completed several measures of political identity, mask wearing, and the hypothesized covariates. A simple …

Teacher And Support Staffs' Knowledge On How To Support Children's Psychological Needs After Hospitalization, Elyssa Hoffman

EWU Masters Thesis Collection

No abstract provided.

High Flow Nasal Cannula Therapy In Children With Acute Respiratory Insufficiency In The Pediatric Intensive Care Unit Of A Resource-Limited Country: A Preliminary Experience, Bushra Saeed, Asim Azim, Anwar Ul Haque, Qalab Abbas

Department of Paediatrics and Child Health

A retrospective study was performed in children (aged one month - 16 years) receiving HFNC to determine the frequency, efficacy and adverse effects of high flow nasal cannula (HFNC) therapy in the pediatric intensive care unit (PICU), from January to December 2017. Treatment failure was defined as clinical deterioration on HFNC therapy such that mechanical ventilation (MV) was required. Clinical parameters before and after HFNC were assessed using repeated measures analysis of variance. A total of 120 patients received HFNC therapy (21% of total admissions). Primary diagnosis were respiratory disease (50%), central nervous system diseases (14.2%), sepsis (10.8%), and postoperative …

Understanding And Promoting Racial Diversity In Healthcare Settings To Address Disparities In Pandemic Crisis Management, Azza Sarfraz, Zouina Sarfraz, Alanna Barrios, Kuchalambal Agadi, Sindhu Thevuthasan, Krunal Pandav, Manish Kc, Muzna Sarfraz, Pedram Rad, George Michel

Department of Paediatrics and Child Health

Background: Health disparities have become apparent since the beginning of the COVID-19 pandemic. When observing racial discrimination in healthcare, self-reported incidences, and perceptions among minority groups in the United States suggest that, the most socioeconomically underrepresented groups will suffer disproportionately in COVID-19 due to synergistic mechanisms. This study reports racially-stratified data regarding the experiences and impacts of different groups availing the healthcare system to identify disparities in outcomes of minority and majority groups in the United States.
Methods: Studies were identified utilizing PubMed, Embase, CINAHL Plus, and PsycINFO search engines without date and language restrictions. The following keywords were used: …