Digital Commons Network^™

The Effect Of Supportive Relationships And A Sense Of Community On The Success Of First-Year College Students, Stetson K. Akers

Electronic Theses and Dissertations

Colleges and universities across the United States actively seek to bring quality students to their institutions and retain them through their course of study while striving to support the successful completion of their degree. The problem is that students face many sources of adversity within their first year of college and leave the institution they have enrolled in before returning for their second year, including financial issues, mental health struggles, and academic success problems. The reasons students leave vary, but it remains important to help students feel connected to the community of their campus while supporting their mental health during …

The Role Of Pornography In The “Rough Sex” Defence In Canada, Lisa Gotell, Isabel Grant, Elizabeth Sheehy

All Faculty Publications

Drawing upon the authors’ earlier research studying the consent defence when it is used to suggest that the complainant agreed to “rough sex” involving violence, this paper develops an extended analysis of the complex role of pornography in these decisions. This paper focuses on a subset of “rough sex” cases, where pornography played a role in “scripting” the accused’s behaviour. Thematically, these cases included: those where the accused had a substantial history of consumption of violent pornography; cases in which the accused forced the complainant to view pornography as part of the assault; cases where the accused recorded the attack, …

The Risks To Refugee Law Of Humanitarian Responses To Flight From Ukraine, Catherine Dauvergne

All Faculty Publications

The invasion of Ukraine that began in February 2022 provoked an enormous exodus of people fleeing to safety by crossing Ukrainian borders into neighbouring states to seek refuge. The United Nations High Commissioner for Refugees (UNHCR) reported that as of mid-May 2023 more than eight million people had fled the conflict in Ukraine and crossed a border into another European state, and more than five million of these people were registered for temporary protection of some sort. Many of these people were warmly welcomed, and further-flung states raised their hands to provide assistance and refuge as well. Support for these …

Social Control And Homeless Encampments: Shifting The Role Of Shelters Through Judicial Review, Alexandra Flynn

All Faculty Publications

This paper examines the recent Canadian judicial decisions in relation to the eviction of encampment residents from public space to analyze what constitutes “reasonableness” in government decision-making in relation to short-term shelters. I argue that courts have called into question a key aspect of social control that relates to unhoused populations: the institutional belief that temporary shelters serve as a reasonable form of accommodation and an appropriate alternative to living in encampments. Recent legal decisions have challenged both this institutional belief and the methods used by officials to track which shelters are available. I conclude that the legal approach of …

Integration Of Osteopathic Manipulative Treatment For Patients With Chronic Pain, Sharon Gustowski, Turner Slicho, D'Angeleau Newsome

Faculty and Staff Publications

The Five Models of Osteopathic Medicine offers guidance on creating a treatment plan that includes OMT for patients with chronic pain. Using OMT on one body region or system has numerous downstream effects and can influence multiple models. This paper describes this therapeutic modality.

Human Platelet Derived Mitochondrial Opa-1 Isoforms And Interaction With Tdp-43 In Neurodegenerative Diseases, Su Han Lee, Duyen Pham, Edina Kosa, Abdulbaki Agbas

Faculty and Staff Publications

Optic atrophy 1 (OPA-1) is a GTPase protein that controls mitochondrial fusion, cristae integrity, and mtDNA maintenance. In neurodegenerative diseases such as Alzheimer’s disease (AD), amyotrophic lateral sclerosis (ALS), Parkinson’s disease (PD), the mitochondrial network morphology is compromised. Studies on TAR-DNA binding protein 43 (TDP-43) has been the focus in our lab. OPA-1 and TDP-43 interaction may shed a light on how aberrant TDP-43 interacts with OPA-1, which will lead to mitochondrial dysfunction. The preliminary study tested the idea of whether OPA-1 and TDP-43 are physically interacting in human platelet derived mitochondria obtained from healthy human subjects.

The Neurochemistry Of Depression: The Good, The Bad And The Ugly, Kami Pearson, Kimberley Beier, Thornton Mardis, Bryan Munoz, Asma Zaidi

Faculty and Staff Publications

A large constellation of experimental evidence suggests that neuroinflammation is involved in the onset of depression and neurodegenerative disorders. Many studies have shown impairments in tryptophan metabolism, the major pathway for the synthesis of serotonin, the mood regulating neurotransmitter. This article reviews the various metabolites generated in the competing pathways of tryptophan metabolism including the kynurenine pathway. Increased synthesis of the neurotoxic compound quinolinic acid occurs at the expense of the synthesis of the neuroprotective metabolite kynurenic acid. This shift in equilibrium plays a critical role in the induction of oxidative stress, neuroinflammation, and neurotoxicity. Sufficient protein intake with adequate …

Review Of The Marginalized In Death: A Forensic Anthropology Of Intersectional Identity In The Modern Era, Dakota L. Taylor

Nebraska Anthropologist

Review of The Marginalized in Death: A Forensic Anthropology of Intersectional Identity in the Modern Era by J. F. Byrnes and I. Sandoval-Cervantes. 2022. Lexington Books. Reviewed by Dakota Taylor, University of Nebraska–Lincoln.

This book is a compilation of articles that explore the representation of marginalized populations in the forensic anthropological record. The primary focus of this book is on the need for more research to be conducted in this field regarding marginalized populations. Some of the main takeaways from this book is the urgent need to train or educate forensic anthropologists about all these issues. Additionally, this book …

Border Trouble: Critical Reflections On The Canada-Us Safe Third Country Agreement Litigation, Efrat Arbel

All Faculty Publications

The Canada-US Safe Third Country Agreement (STCA) has been subject to two different legal challenges before three different Canadian courts and considered in five different judicial decisions. This notwithstanding, the litigation surrounding its legal validity is not yet conclusively determined. This article analyses all five STCA decisions to develop a critical reading of the leading decision as issued by the Supreme Court of Canada in 2023. It posits that the Supreme Court of Canada, like the appellate courts before it, erred in its understanding of the STCA. Specifically, the Court did not engage the facts on record in sufficient detail, …

Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn

Scholarly Works

Numerous states have amended their constitutions to include a green amendment (that is, an amendment providing that the state's citizens have a right to a healthy environment). Unfortunately, the vagueness of these amendments leaves an enormous amount of interpretative power to courts. This article examines how some courts have interpreted green amendments and how these interpretations risk the misuse of green amendments. Additionally, this article examines how such misuse may be avoided.

Deals In The Heartland: Renewable Energy Projects, Local Resistance, And How Law Can Help, Christiana Ochoa, Kacey Cook, Hanna Weil

Articles by Maurer Faculty

This Article offers proposals for better engagements, relationships, and deals with local communities contemplating wind farms. Because the rapid expansion of wind energy to date has exhausted the first-mover rural communities, the promise of wind energy depends on reluctant rural communities that may require the legal, relational, and policy innovations proposed herein if they are to grant their consent to future wind farms and participate in the renewable energy transformation. The proposals herein are the result of empirical research exploring how occupants of rural spaces have reacted to wind developer’s strategies in their communities and how local communities have employed …

The Federal Pregnant Workers Fairness Act: Statutory Requirements, Regulations, And Need (Especially In Post-Dobbs America), Deborah Widiss

Articles by Maurer Faculty

The federal Pregnant Workers Fairness Act, enacted in December 2022, is landmark legislation that will help ensure workers can stay healthy through a pregnancy. It responds to the reality that pregnant workers may need small changes at work, such as permission to sit periodically, carry a water bottle, relief from heavy lifting, or reduced exposure to potentially dangerous chemicals. Workers may also need schedule modifications or leave for prenatal appointments, childbirth, or post-partum recovery, or accommodations to address medical conditions related to pregnancy or childbirth.

Previously, federal sex discrimination law and federal disability law sometimes required employers to provide such …

Broadening The Community, Strengthening The Movement: An Introduction To The Innocence Project "Just Data" 2024 Scholarship Issue, Vanessa Meterko, Jaime S. Henderson, Ngozi Ndulue, Tebah Browne, Valena Beety

Articles by Maurer Faculty

This special issue of The Wrongful Conviction Law Review features a collection of seven research papers presented at the Innocence Project’s 2023 Just Data: Advancing the Innocence Movement conference. This annual event, organized by the Innocence Project and partners in the larger Innocence Network, brings together a diverse group of scholars and advocates, including those who have been wrongfully convicted themselves, to share the latest social science, discuss emerging issues, and make connections to inform our collective work and promote new applied research. Social science research, often conducted quietly and behind the scenes, is critical to data-driven litigation and policy …

Blunt Speech Rights, Nicholas Almendares

Articles by Maurer Faculty

There is a lot to be said about the Supreme Court’s decision in 303 Creative LLC. In the wake of the decision there will be a range of commentaries like those presented in this Issue. I want to draw attention to a particular aspect of the opinion, part of a broader trend in the Court’s First Amendment jurisprudence, towards blunt, sweeping rules. By a blunt rule, I mean a simple, coarse one that lacks nuance or distinctions. Blunt rules, by their nature, tend to be sweeping: nuance, that is, distinguishing cases based on various factors, limits the scope of a …

Esg And Securities Litigation: A Basic Contradiction, Aneil Kovvali

Articles by Maurer Faculty

Companies are increasingly expected to publicly report on not only their traditional financial results, but also environmental, social, and governance (“ESG”) issues. Trillions of dollars are being invested with ESG considerations in mind, and boosters urge that ESG investing can address environmental and social impacts that are normally ignored by managers focused on share prices. This raises the question of how companies should be punished if they lie about ESG matters. How should the traditional elements of securities fraud map onto the novel ESG context? Commentators have vigorously debated ESG’s relationship to the materiality element of securities fraud. But the …

Misery, Melancholy, And Misfortune: A Migrant Case Study, Jayanth K. Krishnan

Articles by Maurer Faculty

There is an ongoing crisis of despair involving migrants from abroad who are seeking refuge in one of the world’s longest-standing, post-World War II democracies—India. There are roughly 4.9 million noncitizen migrants in India, with most coming from Bangladesh, Myanmar, Nepal, Pakistan, and Sri Lanka. Because these migrants often live in the shadows, they are frequently deprived of fundamental human rights.

On the one hand, it may seem surprising that this population remains so vulnerable. After all, India’s Supreme Court has been a leading institutional light in safeguarding the rights of many marginalized groups. Supreme courts in other countries point …

The Sec And "Major Questions Doctrine" Questions, Donna M. Nagy

Articles by Maurer Faculty

Nearly two years ago, in the wake of the Supreme Court’s formal adoption of what it termed the “major questions doctrine,” the Wall Street Journal reported a prediction that “‘every corporate securities lawyer in America is going to now fashion their arguments against SEC rulemaking to force-fit it into [that doctrine].’” As articulated by the sharply divided 6- 3 majority in West Virginia v. EPA, major questions doctrine (MQD) analysis is warranted in certain “extraordinary cases” involving a “transformative expansion” in a federal agency’s regulatory authority that is premised on “a merely plausible textual basis for the agency action.” Extraordinariness, …

Conjuring The Flag: The Problem Of Implied Government Endorsements, Michael Mattioli

Articles by Maurer Faculty

This Article exposes a harmful form of advertising that exploits government actions like patent issuances, FDA authorizations, and trademark registrations. By calling upon the symbolic power of such regulatory approvals—i.e., “conjuring the flag”—marketers deceive consumers, distort competition, and undermine administrative agencies. Using machine-learning techniques to analyze hundreds of ads across multiple media formats, this Article offers the first comprehensive analysis of this pervasive practice. The study reveals that it is especially prevalent in industry settings where consumers are likely to seek reassurance that a product is safe and effective. Specifically, the examples examined show that patents are mentioned frequently in …

Expecting Medication Surveillance, Jennifer D. Oliva

Articles by Maurer Faculty

In response to federal financial incentives and mandates, all fifty states, the District of Columbia, and three U.S. territories administer electronic prescription drug monitoring programs (PDMPs). Federal and state policymakers justified the implementation and enhancement of ubiquitous prescription drug monitoring by contending that expansive state drug surveillance was a necessary weapon in the war against the American drug overdose crisis. As is often the case with tools designed for law enforcement surveillance, however, PDMPs have proven susceptible to mission creep. Although pioneer PDMPs were paper-based systems that limited their surveillance to a narrow class of heavily regulated controlled substances, modern …

The "New" Drug War, Jennifer D. Oliva, Taleed El-Sabawi

Articles by Maurer Faculty

American policymakers have long waged a costly, punitive, racist, and ineffective drug war that casts certain drug use as immoral and those who engage in it as deviant criminals. The War on Drugs has been defined by a myopic focus on controlling the supply of drugs that are labeled as dangerous and addictive. The decisions as to which drugs fall within these categories have neither been made by health agencies nor based on scientific evidence. Instead, law enforcement agencies have been at the helm of the drug war advocating for and enforcing prohibition.

The drug war has been a failure …

Through Smoke And Mirrors: Excluding Malingering Expert Testimony Under The Daubert Standard, Chunlin Leonhard, Christoph Leonhard

Georgia Law Review

Because of science’s claim to objectivity, scientific testimony is persuasive and often outcome-determinative. Our adversarial system incentivizes litigants to proffer scientific evidence to support their positions. The task falls on trial judges as gatekeepers to distinguish valid scientific evidence from junk science. Drawing this line is difficult because scientific evidence covers a broad spectrum. The United States Supreme Court has set forth the standard of admissibility of scientific evidence in Daubert and its progeny (the Daubert Standard). Trial judges are supposed to admit scientific evidence only if reliable and relevant under the Daubert Standard. But three decades after Daubert, …

Tomorrow Is A Mystery: Implementing Georgia’S Psychiatric Advance Directive Act, Suah Jang

Georgia Law Review

Mental health conditions exist in many adults today. One tool available to help them prepare for potential mental health crises is the psychiatric advance directive (PAD). Similar to medical advance directives, PADs allow individuals to create a plan in advance with specific directions regarding their mental health treatment to prepare for times of incompetence. Most states allow adults to create advance directives for general medical treatment, but creating advance directives for psychiatric treatment is a recent development.

This Note analyzes the implementation of Georgia’s Psychiatric Advance Directive Act (PAD Act), adopted in 2022. First, this Note provides an explanation and …

A Grounded Theory Investigation Of Basic Psychological Needs Theory As A Framework For Effective Mental Health Referrals In Collegiate Sport, Luna Ugrenović

Graduate Theses, Dissertations, and Problem Reports (ETD)

Using a grounded theory approach, this study explored collegiate athletes’ mental health referral experiences and identified mechanisms explaining those experiences based upon perceptions of psychological need fulfillment and thwarting according to Basic Psychological Needs Theory (BPNT). Interviews were conducted with a purposive, maximum variation sample of 14 current and former collegiate athletes who were referred to mental health services by support personnel or other athletes. Analyses yielded three overarching theoretical categories/properties: pre-referral factors, proactive and reactive referral conversations, and referral outcomes. Referral is often understood as an isolated conversation in which athletes are provided mental health resources in response to …

From Trails To Triumph: Documenting Two Decades Of Impact With Adventure Wv, Sean Lowdermilk

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research paper and accompanying short film (https://youtu.be/gTnXbvkX0MA) examines the impact of experiential learning through the lens of Adventure WV, an outdoor orientation program at West Virginia University. Using Kolb's Experiential Learning Theory as a foundation for the research, this study explores how outdoor and expeditionary learning fosters personal and professional growth, builds a community, and deepens students' connection to the state and the institution. Through interviews with the program's founder, as well as current students and administration paired with archival footage and modern video, the research highlights Adventure WV's role in student retention, professional development, and student …

Efficient Classification Of Very High Resolution Images, Mohammad I. Nouyed

Graduate Theses, Dissertations, and Problem Reports (ETD)

In recent decades, deep learning approaches have shown significant improvement in various image understanding tasks. However, analysis of high-resolution images remains a major challenge. In this work, we address the challenge of very high-resolution histopathological image (VHRHI) classification using a new information-theoretic discriminative patch selection approach. We show results on a high-resolution image dataset, namely, gigapixel whole slide tissue images for cancer tumors. Then we address how to efficiently classify challenging histopathology images, such as gigapixel whole-slide images for cancer diagnostics with image-level annotation. These ``weak labels'' are applied throughout the image but describe tumor regions of variable sizes and …

Exploring Long-Term Patterns: Black Bass Tournament Fishery And Population Trends In West Virginia's Navigable Rivers, Alex J. Benecke

Graduate Theses, Dissertations, and Problem Reports (ETD)

Black bass Micropterus spp. are popular sport fish in West Virginia’s navigable rivers. In recent years, anglers have expressed concerns about a potential decline in fishery quality. To investigate these claims, we evaluated whether fishery quality has declined compared to earlier periods and whether population trends correspond to angler catch rates. Specifically, we aimed to (1) examine changes in species catch over time and during key periods, such as tournament and spawning seasons; (2) describe the distribution of black bass species across pools and habitat types; and (3) assess the outcomes of previous stocking efforts. To address these objectives, we …

Investigating Critical Mineral Recovery And Carbon Mineralization Potential In Coal Fly Ash, Syabilla Cardosh

Graduate Theses, Dissertations, and Problem Reports (ETD)

Coal fly ash (CFA), a byproduct of coal combustion, represents an innovative opportunity to address the rising demand for critical minerals and the need to reduce CO2 emissions due to its significant concentrations of calcium and magnesium. By providing insights and preliminary data, this study aims to contribute to the foundational understanding necessary for future development.

A multidisciplinary approach was employed to assess CFA’s potential, including detailed chemical and mineralogical characterization using X-ray fluorescence (XRF), inductively coupled plasma mass spectrometry (ICP-MS), X-ray diffraction (XRD), and scanning electron microscopy (SEM). XRD analysis revealed crystalline phases in the CFA samples. At the …

Three Essays On Externalities Of Energy And Agricultural Production, Taiwo Foluso Akinyemi

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation consists of three essays exploring the externalities that arise from energy production and development in a developing country, Nigeria, and agricultural production in a developed nation, the United States (US). The research examines the benefits of energy development in terms of its impact on local wealth and the associated costs, including the health effects on communities living near energy production sites. Additionally, the dissertation analyzes the opportunity costs of policies aimed at preventing the relocation of nutrients, particularly nitrogen fertilizers, within the agricultural sector and their impact on the producer and consumer surplus.

The first essay examines the …

Effect Of Specific Data Variations On Automated Speaker Recognition, Ethan David Meighen

Graduate Theses, Dissertations, and Problem Reports (ETD)

Speaker recognition is not a new biometric modality but there are still many obstacles in the way in order for it to become as used as fingerprint recognition, facial recognition, and iris recognition. Many real-world environmental conditions, hardware device variations, and human behavior present serious challenges to the use of opportunistic voice or speaker samples for identification purposes. Non-idealities, identified as nuisance factors, include environmental noise, input device quality, length of utterance, sample rate variation, and unscripted data are common nuisance factors that can impact speaker recognition match score performance. The impact of the nuisance factors listed above were evaluated …

A Multimodal Physical Fatigue Assessment Method Using A Biomarker And Accelerometer-Embedded Wearable Wristband, Md Hadisur Rahman

Graduate Theses, Dissertations, and Problem Reports (ETD)

Physically demanding tasks pose significant challenges to worker health, safety, and productivity across various industrial sectors in the United States. The construction industry is particularly affected due to the labor-intensive nature of its tasks and harsh environmental conditions. The industry suffers from unsatisfactory occupational health and safety records, with physical fatigue being a major contributor. Physical fatigue not only affects individual well-being and workplace safety but also influences productivity and the United States’ economy. Given the high incidence of injuries and accidents in the construction industry, assessing physical fatigue has become critical for improving worker safety and productivity. To address …