Digital Commons Network^™

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 …

Development Of An Order Set To Improve Consistency Of Blood Glucose Monitoring For Hospitalized Patients On Enteral Feeding, Kristen Calebaugh

Graduate Theses, Dissertations, and Problem Reports (ETD)

Abstract

Development of an Order set to Improve Consistency of Blood Glucose Monitoring for Adult Hospitalized Patients on Enteral Feeding

Kristen Calebaugh, BSN, RN

Background

Hospitalized patients often require artificial nutrition through either enteral feeding, placing the patient at risk for glucose alterations related to physiological responses of nutritional metabolism. Historically, there has been no standard of care or consistency aligning tube feedings times with point of care blood glucose testing. Without a standardized order set to guide blood glucose monitoring orders, patients on artificial nutrition may experience undetected hypo or hyperglycemia or inadequate glycemic control, which can cause adverse …

Polylactic Acid (Pla) Containing Talc Microparticles And Amorphous Polyhydroxyalkanoates (Aphas) For Improved Barrier And Mechanical Properties In Food Packaging, Mohammed Alfaifi

Graduate Theses, Dissertations, and Problem Reports (ETD)

Polylactic acid (PLA) is a biobased and compostable polymer that is increasingly being used as an alternative to petroleum-based, non-biodegradable polymers for single-use food packaging due to its environmental benefits. It is also commercially available in large quantities, and it can be processed like polyethylene. However, it has a higher water-vapor permeability (WVP) as compared to polyolefins and polyethylene terephthalate that are the incumbent materials. This results in a competitive disadvantage in employing PLA for packaging baked goods since the shelf life of the food is likely to be reduced. In the past, barrier properties of PLA were improved by …

A Multidisciplinary Approach To Identify Postoperative Delirium In Geriatric Patients Using A Brain Health Screening Tool, Ashlyn Mccartney

Graduate Theses, Dissertations, and Problem Reports (ETD)

Postoperative delirium (POD) is a common occurrence, effecting nearly 61% of the surgical population recovering from anesthesia. POD increases risk of morbidity and mortality leading to prolonged hospital length of stay by 0.8 to 7.3 days and increased costs by $1,551 to $23,698 (Masharaf et al., 2022; Sethi, 2021). An academic medical center in northern West Virginia (WV) lacks a structured practice/protocol to identify high risk patients and assess POD. An evidence-based solution was developed based on the PICO question: Does a multidisciplinary approach to perianesthetic care utilizing a brain health screening tool, compared to lack of a screening tool, …

Symptoms Of Anxiety, Trauma, Depression, And Obsessive-Compulsive Disorders In A Subsequent Pregnancy Following A Previous Pregnancy Loss, Juliana Lynn Restivo Haney

Graduate Theses, Dissertations, and Problem Reports (ETD)

Pregnancy loss is a common and intense personal event that has been found to be a risk factor for increased symptoms of mood, trauma, obsessive-compulsive and anxiety disorders in subsequent pregnancies. Using a self-report online survey, the current study hypothesizes that levels of anxiety, trauma, and obsessive-compulsive symptoms will be higher in pregnant individuals who had a pregnancy loss in their most recent previous pregnancy (n= 61) when compared to pregnant individuals whose most recent previous pregnancy resulted in a live birth (n= 62). Participants responded to an online questionnaire asking about reproductive and mental health history, symptoms of perinatal …

Artificial Intelligence And Mediation Ethics, Zachary R. Calo

Scholarly Works

No abstract provided.

Tax Sentiment And Compliance: Evidence From Social Media, Andrew Belnap, Jacob Thornock, Kevin Standridge, Braden Williams

Faculty Publications

Motivations for voluntary tax compliance that fall outside of a standard, rational model can be intrinsic or extrinsic. We use social media rhetoric about taxes to create a measure of tax sentiment that reflects taxpayers’ extrinsic, behavioral motivations for voluntary compliance, and then examine the association between public tax sentiment and tax compliance. Our machinelearning based approach for measuring sentiment uses millions of tax-related tweets, which vary by time and geography. We find that tax sentiment is negatively associated with tax compliance. Our main findings and cross-sectional tests are consistent with the notion that paying one’s taxes is a way …

The Intellectual Structure Of Audit Committee Research: A Bibliometric Analysis (1969 – 2020), Joel Behrend, Marc Eulerich, David A. Wood

Faculty Publications

The audit committee is a widely recognized mechanism of effective corporate governance. We advance prior literature reviews by using bibliometric analysis techniques that comprehensively process large bodies of bibliometric information. We base inferences on citation patterns of 1,173 articles to identify concepts that “shine through” within the scientific understanding of audit committees. Using content analysis, we then analyze these concepts and explore existing interrelationships. We document a declining influence of audit committee research, as well as a widening gap between the quantitative and qualitative research camps. While the former is mostly derivative in nature, the latter produces innovative insights on …

Demonstrating The Need For Intergenerational Trauma-Specific Substance Use Treatment For Mothers Receiving Substance Use Treatment And Their Children, Brittany Ti-Esha Smith

Graduate Theses, Dissertations, and Problem Reports (ETD)

For decades the United States has faced substance use epidemics that have devastating public health consequences, with the most recent epidemic being the opioid epidemic. While the substance that is the center of the epidemic’s changes over time, one factor that has been found to be positively related to substance use has remained consistent, that preventable risk factor is adverse childhood experiences (ACEs). Those who experience ACEs are at elevated risk for developing SUD. If the trauma that is a result of experiencing ACE is not treated it can complicate recovery and impact the individuals’ families. The children of individuals …

Development Of Lab-On-A-Chip Platforms Incorporating A Novel Acoustic Atomization Induced Pump Based On A Vibrating Sharp Edge Capillary., Balapuwaduge Lihini Tharanga Catherine Mendis

Graduate Theses, Dissertations, and Problem Reports (ETD)

Capillary Vibrating Sharp-edge Ionization device (cVSSI device) was developed by our laboratory with a low cost and an easy fabrication procedure. The generation of small liquid droplets by this technique has been used as an ionization source for mass spectrometry analysis platforms. On usual applications incorporating the cVSSI device a syringe pump was connected to the back end of the vibrating sharp tip capillary to ensure continuous loading of sample into the capillary to sustain the ionization process at the tip end of the vibrating sharp tip capillary. We were able to observe that upon the generation of droplets the …

Multidisciplinary Approach To Injury Rehabilitation: The D1 College Athlete Perspective, Lindsey Leatherman

Graduate Theses, Dissertations, and Problem Reports (ETD)

Sport injuries continue to be unavoidable disruptions in student-athletes’ athletic careers with over 200,000 injuries estimated to be reported each year in college sport (Kerr et al., 2015). Researchers continue to emphasize the importance of an interprofessional approach to rehabilitation to help athletes manage the adverse psychological and emotional reactions to injury (Appaneal et al., 2009; Gervis et al., 2020; Putukian, 2016). The purpose of this study was to extend and replicate the research of Clement and Arvinen-Barrow (2021) by incorporating perspectives of Division I US student-athletes. The current study describes 321 NCAA Division I collegiate athletes’ experiences of receiving …

Standardizing Nasogastric Tube Securement: A Quality Improvement Initiative, Shannon Lee Thompkins

Graduate Theses, Dissertations, and Problem Reports (ETD)

Problem: At a large academic medical center located in the northeastern United States, nasogastric tubes (NGT) were traditionally secured with tape. The institutional policy was nonspecific with no written procedure. The inconsistent use of nasal bridle securement devices (NBSD) and predominant use of tape has the potential to lead to a high rate of NGT dislodgement.

Background: NGT complication and dislodgement rates range from 2%-36% (Gimenes et al., 2019). Stabler et al. (2018) report 29%-63% NGT dislodgement rates in critically ill patients. Patients with intracranial hemorrhage dislodge NGTs in 25% of patients (Rahman et al., 2022)

Available Knowledge: Based on …

Investigation Of Synergistic Effect Between Polystyrene And Polyethylene Under Conventional Thermal Heating And Microwave Heating, Thang Luong

Graduate Theses, Dissertations, and Problem Reports (ETD)

Single-use plastics (Low Density Polyethylene, LDPE; Polystyrene, PS; Polypropylene, PP) are increasingly used in the modern world, with their usage growing every year. An effective method to manage the resulting waste is urgently needed, as landfilling and incineration have proven harmful to the environment in the long term. Mechanical recycling may not maintain the desirable characteristics of the single-use plastics through several cycles. Pyrolysis emerges as a promising approach to address plastic waste. Given that single-use plastic waste often comes in a mixture, combining plastic in the feedstock is a viable solution to effectively convert these polymers altogether to gain …

Dynamic Load Identification Using Optimal Sensor Placement And Dynamic Condensation Methods, Iole Pecora

Graduate Theses, Dissertations, and Problem Reports (ETD)

Knowledge of excitation loads that structures experience during their service life is pivotal in different engineering fields, not only from a structural design optimization point of view but also as prevention of possible damages to the structures themselves. However, in case of dynamic events such as tornadoes, structures subjected to impulsive load due to their vicinity of explosions, the excitation load cannot be directly determined through direct measurements. In these scenarios, the inverse problem is used, and it is called load identification. This type of problem tries to determine the excitation load knowing the system response through a series of …

Carl Philipp Emanuel Bach’S Sonata In C Minor, Wq. 65/31: A Study Of Performance Practice, Weiyang Sun

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation discusses concepts of performance practice in Carl Philipp Emanuel Bach's keyboard works, including historical instruments, fingering, articulation, ornamentation, dynamics, rhythm, and other related topics. It provides an interpretive analysis of C. P. E. Bach's Sonata in C Minor, Wq. 65/31, for keyboard, as a way to discuss the application of these issues. Additionally, this dissertation includes a brief biography of C. P. E. Bach, a list of his keyboard works, and a discography of current and historical recordings of the Sonata in C Minor, Wq. 65/31.

Changes In Psychiatric Diagnosis Associated With Sars-Cov-2 Infection And Predicting The Development Of New Psychiatric Illness In Covid Patients By Using Machine Learning Approach: A Study Using The Us National Covid Cohort Collaborative (N3c), Asif Rahman

Graduate Theses, Dissertations, and Problem Reports (ETD)

The enduring impact of COVID-19 extends beyond acute illness, with potential long-term psychiatric consequences raising significant concern among healthcare professionals and researchers alike. Emerging evidence suggests a multifaceted relationship between COVID-19 and the development of different psychiatric illnesses like Schizophrenia Spectrum and Psychotic Disorders (SSPD), Depression, Bipolar disorder, Personality disorder, Trauma, and a range of other mental health conditions. Considering these emerging connections, our study endeavors to rigorously assess the associations between COVID-19 and various psychiatric illnesses while simultaneously employing machine learning techniques to predict the development of new psychiatric disorders in individuals affected by the virus. Leveraging the extensive …

Breaking The Silence: International Students’ Communication About Sexual Assault And Opportunities For Improved Prevention Messaging, Samaha Ghani

Graduate Theses, Dissertations, and Problem Reports (ETD)

The beginning of college campus life is one of the most exciting phases of student life. However, for some students, it might pose a threat in the form of sexual violence. In the United States, sexual violence is highly pervasive, placing college students at a greater risk of victimization. Currently, there is a lack of data on sexual crimes within the international student population on U.S. college campuses due to cultural and language barriers. As such, the purpose of this study is to explore international students’ communication needs around the topic of sexual consent and sexual violence. This vulnerable and …