Digital Commons Network^™

Valuing Esg, Aneil Kovvali, Yair Listokin

Articles by Maurer Faculty

Corporate environmental, social, and governance (ESG) commitments promise to make capitalism better. Unfortunately, ESG has become a hotbed of hype and controversy. The core problem is that ESG mixes vague environmental and social goals with a profit maximization goal and does not provide a framework for resolving the conflicts that exist between them. The result is confusion that invites deception and cynicism. This Article proposes a mechanism for resolving conflicts between goals by translating them into the common language of money. Once nonpecuniary environmental or social goals are translated into dollar values, they can provide clear and actionable guidance for …

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 …

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 …

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 …

Selling Surveillance, Asaf Lubin

Articles by Maurer Faculty

Almost everything we do on the Internet is achieved through Internet-connected devices, such as smartphones and laptops. This reality has produced a new sprawling industry of commercial spyware corporations: a vast network of companies specializing in selling security vulnerabilities in the very devices we all use. These companies provide clients with tools and services for unauthorized access and surveillance. Investigative reporting has unearthed the scope and nature of the systematic abuses produced by these technologies. Around the world, government actors rely on spyware to target human rights activists, journalists, and dissidents with almost no accountability.

Spyware companies have long defended …

What Fischer V. United States Gets Wrong About Prosecutorial Discretion, Cindy J. Cho

Articles by Maurer Faculty

Conservative Supreme Court Justices have recently expressed heightened concerns about prosecutorial power in cases involving former President Donald Trump and the Capitol siege on January 6, 2021.  Making good on those worries, the conservative majority in Fischer v. United States, rested its decision in part on theoretical concerns about government overreach. The Department of Justice has pushed back on those concerns, but to this point, the debate has been mostly rhetorical and hypothetical.

This article attempts to fill that rhetorical void—and concretely answer the concerns animating Fischer—with evidence from actual cases.  A survey of ten January 6 cases …

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 …

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 …

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 …

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 …

How Trial Preparation Factors Influence Audit Litigation Outcomes: Insights From Audit Litigators, Eldar Maksymov

Faculty Publications

Research indicates that auditors have an impoverished understanding of trial preparation factors that, independent of audit quality, can significantly elevate audit litigation risk. As the scholarly literature sheds little insight about the nature and implications of these factors, we identify what factors audit litigators consider in trial preparation, how they expect these factors to affect litigation outcomes, and how they attempt to lever these factors. To do so, we interview 39 audit litigators, who identify factors germane to trial venues, jury pools, and case arguments. Guided by the Elaboration Likelihood Model, we construct a framework that predicts these factors influence …

Making Home Here: Young Refugee-Migrant Women And The Work Of Emplacement In A Rural Appalachian Town, Valentina Muraleedharan

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation centres young refugee-migrant women’s voices, perspectives, concerns, and actions living in a small, rural Appalachian town called Easton, exploring their social, cultural, and economic experiences. It infers that through their critical participation in family life and labour in making a home in a new place, young refugee-migrant women’s relations to family and place impact how they negotiate their aspirations and future im/mobilities to create pathways to emplacement. Emplacement is an ongoing process that hinges on the efforts of individuals, families, and communities to find a way in a new place by giving meaning to their surroundings. This research …

Project Quiet: A Quality Improvement Initiative To Reduce Noise Pollution During Anesthesia Induction And Emergence, James Christopher Woods

Graduate Theses, Dissertations, and Problem Reports (ETD)

Problem: Excessive intraoperative noise puts anesthesia providers at risk for errors that could negatively impact patient morbidity and mortality. Distractions from excessive noise experienced during the “critical phases” of anesthesia present a risk to patient safety and need to be reduced or eliminated. Anecdotally, reports from anesthesia staff at a large academic medical center confirmed that noise pollution during induction and emergence significantly impacted the performance of critical anesthesia tasks. Objective: The goal of this quality improvement (QI) project was to implement a series of interventions designed to reduce noise pollution during induction and emergence, and to reduce …

A Rainy Day For Cancer: The Characterization And Utilization Of The Long Non-Coding Rna Lnc-Rainy In The Radiation Response Of Non-Small Cell Lung Cancer, Emily S. Rice

Graduate Theses, Dissertations, and Problem Reports (ETD)

Lung Cancer remains the leading cause of cancer-related deaths worldwide. While important improvements have been made to the treatment of non-small cell lung cancer (NSCLC), treatment resistance is a critical issue facing the majority of patients. Previously, our lab identified a group of long non-coding RNAs (lncRNAs) known as linc-SPRY3 RNAs, expressed on the Y-chromosome, that play a role in radiation sensitivity by decreasing tumor burden in vitro and in vivo after radiation. Through molecular cloning methods and further functional characterization, here we present evidence that the linc-SPRY3 RNAs were originally mischaracterized as individual linc-RNAs but are in fact parts …

Effects Of Probabilistic Win-Paired-Cue Delivery On Loss Trials On Risky Choice In Rats, Connor M. Lambert

Graduate Theses, Dissertations, and Problem Reports (ETD)

Problem gambling, or Gambling Disorder, is a behavioral disorder that affects 2.5% of the U.S. population and can result in detriments to physical, mental, and financial well-being. Electronic gambling machines (e.g., slot machines, video poker, pachinko) may be more addictive than other forms of gambling (e.g., table games, sports betting). Electronic gambling machines present a series of audiovisual stimuli concurrently with winning and some losing outcomes. Previous research in human and non-human animals has found increased levels of risky choice when audiovisual stimuli are presented with wins compared to their absence. The present study was arranged to evaluate how a …

Between Wages And Wellbeing: Examining The Role Of Employers In Increasing Covid-19 Vaccine Uptake In The State Of West Virginia, Nathaniel Udoh Godwin

Graduate Theses, Dissertations, and Problem Reports (ETD)

The novel coronavirus disease 2019 (COVID-19) stretched public health systems globally, with millions of cases confirmed across all continents of the world. The United States health systems struggled as the country grappled with emerging variants of the virus, differing levels of vaccine acceptance, misinformation, and disparity in health outcomes. As COVID-19 vaccines emerged, the U.S. Government sought to bolster uptake through myriad measures, including announcing vaccine requirements for federal employees, which was met with mixed reactions. Accordingly, some employers and businesses adopted a “no jab, no job” policy, while others stopped short of mandates but encouraged and incentivized vaccine uptake …

An Integrated Framework For Establishing Long-Term Transportation Management Strategies Promoting Sustainable Urban Growth, M Imtiaz Rahman

Graduate Theses, Dissertations, and Problem Reports (ETD)

Urban land areas are experiencing a more rapid expansion compared to their population growth on a global scale. This phenomenon, known as urban sprawl, is characterized by low-density development in the outskirts of cities. This unplanned urban growth leads to changing urban transportation patterns, posing a threat to sustainable development. In response, government agencies implement growth management practices, with transportation management strategies playing a crucial role in achieving sustainable urban growth. However, developing effective growth management strategies is difficult because of several challenges, including limited understanding of the key influencing factors, the complex interdependencies among these factors, and the uncertainties …

Interactions Between Myeloid Cells And Neutrophil Extracellular Traps In Pancreatic Ductal Adenocarcinoma, Hillary Gabrielle Pratt

Graduate Theses, Dissertations, and Problem Reports (ETD)

The 5-year-survival rate for pancreatic ductal adenocarcinoma (PDAC) is only 12% due in part to a lack of therapeutic strategies that target the pathophysiology of the disease. The only known curative therapy is surgical resection of the PDAC tumor, but only 20% of patients are eligible at the time of presentation. To improve outcomes for patients, new therapeutic options are needed. The PDAC tumor microenvironment (TME) is uniquely fibrotic and hypoxic, which is in part driven by the immune cell composition in the TME. Myeloid cells are a prominent immune infiltrate within the PDAC TME, so these cells have been …

Evaluating Outcomes Post-Adoption Of Reck Solution For Total Shoulder Arthroplasties: A Retrospective Quality Analysis, Benjamin Levi Tillis

Graduate Theses, Dissertations, and Problem Reports (ETD)

Abstract

Evaluating Outcomes Post-adoption of RECK Solution for Total Shoulder Arthroplasties: A Retrospective Quality Analysis

Benjamin Tillis

Introduction: Local infiltration analgesia (LIA) has become an integral part of postoperative pain relief for West Virginia University (WVU) Medicine’s total joint arthroplasty procedures. However, not all LIAs are the same. Liposomal bupivacaine has a unique mechanism of delivery which could potentially lead to longer lasting effects. Ropivacaine, epinephrine, clonidine, and ketorolac (RECK) solution offers a multimodal approach to enhancing the duration of effect for the LIA. In 2022, WVU Medicine switched from liposomal bupivacaine to the RECK solution for total joint …

Factors Related To Adolescent Anger In Appalachia: Implications For Violence Prevention, Rosalina Mills

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background. Adolescent health outcomes are vitally important for public health. One such outcome includes adolescent violence, a persistent and prevalent public health issue in the United States. Adolescent violence in rural areas is particularly understudied and some measures of rural violence are underreported compared to violence metrics in urban areas. A key risk factor for adolescent violence, is anger. By examining known key risk factors for adolescent anger through a primary prevention and socioecological perspective, it may be possible to reduce or prevent downstream violence in adolescence and later adulthood. Identifying specific systemic, environmental, and interpersonal factors related to anger …

Defining Success For An Introductory Mathematics Non-Stem Pathway Course, Clark D. Metz

Graduate Theses, Dissertations, and Problem Reports (ETD)

The enduring debate surrounding college algebra, traditionally a gateway for STEM pathways, underscores the necessity for curricular evolution in response to the rising popularity of non-STEM majors. This dissertation explores the success of an applied college algebra course designed for non-STEM students. The study aimed to determine whether this alternative course could meet diverse student needs while promoting academic achievement and fostering positive attitudes towards mathematics. Findings revealed through a novel approach of a difference-in-differences analysis that students enrolled in the applied college algebra course exhibited higher pass rates due to the introduction of the new course. The lower failure …

Pilot Quality Improvement Project To Update Surgeon Preference Cards Of A Community Hospital's Orthopedic Service, Jessica R. Mitchell

Graduate Theses, Dissertations, and Problem Reports (ETD)

Abstract

Implementation of a Pilot Quality Improvement Project to Update Surgeon Preference Cards

of a Community Hospital’s Orthopedic Service

Jessica R. Mitchell

Problem Statement: Over time, surgeons change preferences for surgical equipment, and their preference cards need updating. Failure to update preference cards leads to impaired staff communication, opening of unnecessary equipment, excess waste, increased cost to patients and facilities, and potential threats to patient safety.

Background: Members of the orthopedic surgical team in a community hospital in suburban West Virginia wanted to establish a process to regularly update outdated surgeon preference cards (SPC) for several common orthopedic procedures. The …

Life Cycle Impacts Of Hardwood Forest Resources For Sustainable Bioenergy And Bioproducts In The Eastern United States, Jinghan Zhao

Graduate Theses, Dissertations, and Problem Reports (ETD)

A life-cycle impact assessment of hardwood resources across the eastern United States was conducted based on the life-cycle inventory data for hardwood forest resource management and was integrated with the Forest Vegetation Simulator (FVS). This integration allowed for the analysis of forest carbon dynamics in the four subregions: northeast (NE), mid-Atlantic (MA), southeast (SE), and northcentral (NC). The system boundary was selected to be consistent with the A1 module (extraction and upstream production) required by an Environmental Product Declaration (EPD) for wood products. The results indicated that uneven-aged management (UA) yielded higher carbon stocks than even-aged management (EA) across all …

Ethnic-Racial Socialization Experiences Of Mexican American Youth, Katherine J. Bingham, Elizabeth A. Cutrer-Párraga, Timothy B. Smith

Faculty Publications

Research has shown that ethnic–racial socialization (ERS) predicts education and mental health outcomes for adolescents. However, limited research has evaluated the ERS experiences of Latinx students. The current study examined ERS experiences of Mexican American youth in four focus group interviews that were transcribed and analyzed at both the individual and group level using interpretive phenomenological analysis. Main themes included feeling like an outsider, navigating discrimination, encountering social/emotional difficulties, and achieving a positive identity. Each theme contained two to three subcategories that provide further insight into the Mexican Americans' ERS experiences. Participants reported within-group discrimination, motivation to disprove stereotypes, and …

Pepperoni Roll Studios: Prototype Design For Creating And Operating A Podcast And Audio Production Student Organization At West Virginia University, Nicholas Kirk Kratsas

Graduate Theses, Dissertations, and Problem Reports (ETD)

As technology and audience demand change the traditional media landscape, student organizations at the university level, such as West Virginia University’s Student Media, are looking for ways to expand experiential learning opportunities for their students. This professional project seeks to address this need at West Virginia University by proposing and developing a prototype for a stand-alone community of practice for podcasting and audio editing as a student organization under the management of an advisor and professional staff. This project will not only justify the importance and timeliness of an experiential learning environment centered on podcasting but also culminate in generating …

Implementing Unmanned Aerial Vehicles To Collect Human Gait Data At Distance And Altitude For Identification And Re-Identification, Donn E. Bartram

Graduate Theses, Dissertations, and Problem Reports (ETD)

Gait patterns are a class of biometric information pertaining to the way a person moves and poses. Gait information is unique to each person and can be used to identify and reidentify people. Historically, this task has been achieved through the use of multiple ground-based imaging sensors. However, as Unmanned Aerial Vehicles (UAVs) advance, they present the opportunity to evolve the process of persons identification and re-identification. Collecting human gait data using UAVs at distances ranging from 20m to 500m and altitudes ranging from 0m to 120m is a challenging task. The current biometric data collection methods, primarily designed for …

Ask The Duke, Why: How Fabrications Can Undermine Impact In Shakespeare’S Measure For Measure, Spencer D. Hansen

Graduate Theses, Dissertations, and Problem Reports (ETD)

The following document recounts the observations and consequences that result from my attempts at justifying the actions of Duke Vincentio in Shakespeare’s Measure for Measure. By following my experience through the duration of West Virginia University’s 2023 production of Measure for Measure, I examine the ramifications of justifying the Duke’s actions and the potentially harmful consequences such justifications could create with regard to the play’s reception. Additionally, this text outlines performance techniques, audience responses, rehearsal strategies, and progressive interpretations for one of Shakespeare’s most challenging characters in one of his most divisive plays.

The Impact Of Occupational Therapy In Lactation Services, Sarah Adrienne Mcaninch

Graduate Theses, Dissertations, and Problem Reports (ETD)

Many benefits to breastfeeding exist for both mothers and infants, yet exclusive breastfeeding rates remain low across the nation. These benefits include decreased chance of infections for infants, low infant mortality, and decreased chances of breast and ovarian cancers for mothers (Binns et al., 2016; CDC, 2023). Education strategies have recently become imperative for health organizations to help mothers sustain their ability to breastfeed within the recommended six-month timeframe. Current literature on education supports that women who receive education at some point in their lactation journey are more likely to reach the six-month period and have more confidence in their …

The Mercury 2024

The Mercury

No abstract provided.