Digital Commons Network^™

Evaluating Remote Economic Benefits Of Watershed-Scale Acid Mine Drainage Restoration, Rachel E. Pell

Graduate Theses, Dissertations, and Problem Reports (ETD)

In 2011, the West Virginia Abandoned Mine Lands and Reclamation Program (WVAML) implemented a watershed-scale restoration project in Three Fork Creek, a 103 square-mile watershed in rural West Virginia impaired by acid mine drainage (AMD). This was accomplished through the installation of four in-stream lime dosers in 2011. Due to the great capital investment in the restoration of Three Fork Creek and an interest in applying this watershed-scale approach to other watersheds throughout West Virginia, it is of great interest to demonstrate the successes of this remediation. It has already been demonstrated that the watershed has visibly improved and is …

Reproductive Rates, Kitten Survival, And Den Site Selection Of Bobcats (Lynx Rufus) In The Black Hills, South Dakota, Erin E. Morrison

Graduate Theses, Dissertations, and Problem Reports (ETD)

The bobcat (Lynx rufus) is an important furbearer in South Dakota. However, management of bobcats can be difficult because of their elusive nature and lack of demographic information. In particular, managers lack information on abundance, survival, and reproductive rates necessary to ensure sustainable harvests and stable populations through time. Additionally, cause-specific mortality can provide insight into the factors influencing bobcat kitten survival rates, as well as reveal actions managers could take to improve survival. Bobcat resource selection can vary depending on spatial scale and it is important to understand how denning may result in different selection patterns at …

Implementation Of Stress Management And Resiliency Training To Address Nursing Burnout In A Neuroscience Critical Care Unit, Jessica May Marie Hughes

Graduate Theses, Dissertations, and Problem Reports (ETD)

In the United States, over one-third of nurses experience symptoms of burnout (Reith, 2018). If left unchecked, poor stress management and resiliency skills can contribute to nursing burnout, leading to costly employee turnover. Stress management and resiliency training (SMART) provides the tools necessary to develop resiliency, improve stress management and decrease burnout (Resilient Option, 2020). Nursing staff under the age of 36, who work in a Neurosciences Critical Care Unit (NCCU) demonstrate lower resiliency scores and a higher risk of burnout. This project aimed to evaluate: (a) the effects of a SMART program on the wellbeing of nursing staff in …

Implementation Of An Amiodarone Infusion Nurse Practice Guideline To Reduce The Incidence Of Phlebitis: A Quality Improvement Project, Kristen N. Cottrill

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background: Patients have an increased risk of developing phlebitis when amiodarone is delivered through a peripheral intravenous catheter. In a 32-bed cardiac surgery step-down unit, patients experienced phlebitis at a rate of 28.57% despite following manufacturer recommendations. Individual interventions targeted at amiodarone-related phlebitis have presented mixed results, however, when an amiodarone infusion practice guideline was established, the rate and severity of phlebitis consistently decreased across studies. Purpose: This project aimed to implement an evidence-based amiodarone infusion guideline to reduce phlebitis development or severity in cardiac-surgery step-down patients without a central venous catheter who received a peripheral intravenous infusion of amiodarone. …

Evaluating The Feasibility Of A Collaborative Care Clinical Pathway For The Treatment Of Adolescent Depression And Anxiety In Rural Pediatric Primary Care, Kayla R. Watson

Graduate Theses, Dissertations, and Problem Reports (ETD)

Evaluating the Feasibility of a Collaborative Care Clinical Pathway for the Treatment of Adolescent Depression and Anxiety in Rural Pediatric Primary Care

Kayla Watson

Background: Due to a national shortage of Child and Adolescent Psychiatrists (CAP), Primary Care Providers (PCP) are often required to manage patients with mental health disorders despite a lack of focused training and lower self-efficacy or confidence in the management of these disorders. Referral to CAPs for management following the diagnosis of adolescent depression and anxiety is a common practice. The integration of mental health services within the primary care setting can overcome many of these …

Size Effect And Anisotropy On The Strength Of Shale Under Compressive Stress Conditions, Yun Zhao

Graduate Theses, Dissertations, and Problem Reports (ETD)

The underground coal mines in the Appalachian region report the highest rate of roof falls in the United States. The immediate roof of these mines is mostly composed of shale. The in-situ strength of shale is necessary for designing roof support to prevent roof falls. Estimating the in-situ strength of shale requires the knowledge of both size effect and anisotropy. This research used literature review, theoretical analysis, numerical modeling, and laboratory experiment to systematically investigate the size effect and anisotropy of shale strength under compressive strength conditions.

Literature review involved a comprehensive summary of previous research on the size effect …

Macroarchaeology, Epistomology, And The Quality Of The Archaeological Record, James R. Allison

Faculty Publications

Perrault (2019) combines a critique of current archaeological practice with a call to re-center research on questions of culture history as well as “macroarchaeology”, or the search for large-scale patterns of human behavior and cultural development. His arguments for what archaeologists should do (and stop doing) are driven by the way the quality of the archaeological record underdetermines the answers to questions that archaeologists often seek to answer. There is much to like in Perrault’s arguments, but there also are some problematic aspects. I agree that something like Perrault’s macroarchaeology should receive greater focus within the discipline, and that archaeologists …

Rethinking Countercyclical Financial Regulation, Jeremy C. Kress, Matthew C. Turk

Georgia Law Review

The 2008 financial crisis exposed a longstanding problem in financial regulation: traditional regulatory strategies tend to be procyclical. That is, regulatory tools—most notably, bank capital requirements—incentivize excessive credit growth during economic expansions and insufficient lending during contractions. The procyclicality of U.S. financial regulation was a key driver of the housing bubble in the mid-2000s and the massive credit crunch that followed. To combat this phenomenon, Congress and the federal banking agencies attempted to mitigate procyclical boom-and-bust cycles by implementing regulatory approaches that were explicitly countercyclical. The Dodd-Frank Act and related post-crisis reforms included several countercyclical features that were designed to …

The Unidentified Wrongdoer, Ronen Perry

Georgia Law Review

This Article addresses the untheorized and under-researched problem of strong unidentifiability in tort law, namely the victim’s occasional inability to identify the direct wrongdoer, or even an ascertainable group to which the wrongdoer belongs, and bring an action against him or her. This Article offers a systematic analysis and a general theoretical framework for the appraisal of possible solutions to strong unidentifiability problems, which undermine liability and frustrate its goals.

Part I presents the main legal models developed and used to overcome these problems in different contexts and various legal systems: adherence to direct liability with creative procedural identification tools, …

Table Of Contents

Georgia Law Review

No abstract provided.

Uzuegbunam V. Preczewski, Nominal Damages, And The Roberts Stratagem, Michael Wells

Georgia Law Review

In Uzuegbunam v. Preczewski the Supreme Court held for the first time that federal-court jurisdiction exists over a § 1983 case that presents only a claim for nominal damages. As a result, such claims remain subject to adjudication even when the plaintiff’s request for prospective relief, targeting an allegedly unlawful practice, has been mooted by the government’s discontinuance of the thus-challenged behavior. In dissent, Chief Justice Roberts maintained that the majority’s ruling clashed with Article III’s “personal stake” requirement and also unwisely permitted plaintiffs to sidestep controlling jurisdictional rules by adding a meaningless claim for nominal damages to a complaint …

To Trust Or Not To Trust: Native American Healthcare Improvement In The Supreme Court’S Hands, Katherine Graham

Georgia Law Review

The United States federal government’s relationship with Native American tribes has long been tenuous. Despite years of unjust and inhumane treatment of Native Americans by the government, Congress has attempted to rectify or limit the government’s harm to Native American people but has fallen short of upholding all agreements intended to improve United States-tribal relations. In particular, the government has not always followed treaties between the government and tribes, and the United States Supreme Court has failed to protect Native American rights in many cases. Central to this issue is the 1868 Treaty of Fort Laramie, in which the United …

No Motion Left Behind: Adjudicating Motions To Remand In Cases Snap Removed To Mdls, Millie Price

Georgia Law Review

Under the current wording of the federal removal statute, 28 U.S.C. § 1441, defendants in some jurisdictions may remove a state action to federal court before an in-state defendant is served. These defendants are taking advantage of the forum defendant rule in 28 U.S.C. § 1441(b)(2). This phenomenon has been coined “snap removals.” Three federal courts of appeals allow such removals, whereas many federal district courts say it is improper. The “home” district court might not be the end point for the case, though. Corporate defendants often ask for the case to be transferred to a pending Multidistrict Litigation (MDL) …

Jus Sanguinis Or Just Plain Discrimination? Rejecting A Biological Requirement For Birthright Citizenship Of Children Born Abroad To Same-Sex Couples Via Assisted Reproductive Technology, Thomas Evans

Georgia Law Review

Until recently, the State Department had a policy deeming children born abroad to married same-sex couples to be children born out of wedlock. Then, applying the statute for children born out of wedlock with more rigorous requirements, the State Department only allowed citizenship to pass through a biological relationship between the biological parent and the child.

Although the State Department updated this policy in May 2021 to allow for birthright citizenship of children born abroad to married same-sex couples, the new policy does not go far enough. This Note argues that Congress should amend the Immigration and Nationality Act to …

Executive Discretion And First Amendment Constraints On The Deportation State, Jennifer Lee Koh

Georgia Law Review

Given the federal courts’ reluctance to provide clarity on the degree to which the First Amendment safeguards the free speech and association rights of immigrants, the immigration policy agenda of the President now appears to determine whether noncitizens engaging in speech, activism, and advocacy are protected from retaliation by federal immigration authorities. This Essay examines two themes: first, the discretion exercised by the Executive Branch in the immigration context; and second, the courts’ ambivalence when it comes to enforcing immigrants’ rights to be free from retaliation. To do so, this Essay explores the Supreme Court’s influential 1999 decision in Reno …

Fear Foreigners, And Free Expression: A Brief Reflection On Ideological Exclusion And Deportation In The United States, Julia Rose Kraut

Georgia Law Review

“Why should we be afraid of this man and his ideas?” asked Secretary of State William P. Rogers, referring to Belgian, Marxist economist Ernest Mandel.1 In 1969, Mandel applied for a nonimmigrant visa to visit the United States after receiving invitations to speak at several American colleges and universities, including Amherst College, Columbia University, Princeton University, Massachusetts Institute of Technology, and the New School for Social Research.2 Mandel had received visas to visit the United States twice before: one in 1962 and another in 1968.3 Yet, this time, Mandel’s application for a visa was denied.4

The State Department informed Mandel …

Immigration Detention And Dissent: The Role Of The First Amendment On The Road To Abolition, Alina Das

Georgia Law Review

The movement to abolish slavery relied heavily on the exercise and protection of enslaved and formerly enslaved people’s freedom of speech against robust efforts to suppress their messaging. The same is true in the context of the movement to abolish immigration detention. For decades, people in immigration detention, formerly detained people, and their allies have exercised their First Amendment rights to expose the conditions of their confinement and demand their freedom. In response to their protests and other forms of individual and collective expression, detained and formerly detained immigrants have faced suppression and retaliation, threatening not only their right to …

Vacant To Vibrant: Transforming Vacant Lots In North Philadelphia, Olivia Anne Sinclair

Graduate Theses, Dissertations, and Problem Reports (ETD)

The City of Philadelphia has addressed the need to utilize vacant lots in the city’s comprehensive planning document, Philadelphia2035 (PCPC, 2010). The document encourages designers to use sustainable practices to reincorporate these abandoned lots back into the fabric of the city. Through partnerships with local organizations in Philadelphia, guidelines and suggestions were created to guide Philadelphians while they revive abandoned lot spaces. In the neighborhood of Nicetown-Tioga, Philadelphia, there is a large amount of vacant lots leaving the area blighted and without resilience. This study accepts Philadelphia’s invitation to use design strategies to be applied to vacant lots within the …

Mechanisms Of Nourishment, Raymond Lloyd Brown Iii

Graduate Theses, Dissertations, and Problem Reports (ETD)

This written thesis is a description and analysis of the ceramic work of Ray Brown. Included in this thesis is an explanation and defense of my work in my exhibition Mechanisms of Nourishment. It also unpacks the conceptual, technical, and formal aspects of the work.

The research explored in this written thesis discusses the relationship between the aesthetic and utilitarian components of pottery. From an analytical, iterative approach to form, I strive to isolate proportions that evoke a sense of volume and repetition. My references to Mid Century Modern and Streamlining Era design guide my efforts into dynamic mechanisms of …

Do Different Learning Environments Influence Graduate Students’ Professional Communication?, Lacey M. Beam

Graduate Theses, Dissertations, and Problem Reports (ETD)

Purpose: The purpose of this study was to investigate the impact of two educational environments (jigsaw learning activity and standardized patient encounters) on speech-language pathology students’ professional communication when assessing and treating a voice disorder case study. Jigsaw activities are cooperative learning experiences that provide students opportunities to learn from one another. Studies have shown that students have improvements in learning new material, self-confidence, and communication skills (Wong & Driscoll, 2008; Asif et al., 2021). A standardized patient encounter provides a real-life clinical experience for students. There has been a mixed response to students improving their communication skills through …

Stormwater Runoff Response Under Changing Climate And Land Uses Across Gradients Of Inland And Coastal Urban-Natural Basin, Mahmood Khan

Graduate Theses, Dissertations, and Problem Reports (ETD)

Climatic variability has caused significant shifts in the magnitude, frequency and spatiotemporal distribution of precipitation, generating excessive runoff that leads to frequent occurrences of extreme hydrologic events such as the pluvial (rainfall accumulation) and fluvial (riverine) floods. The conversion of natural areas into urban lands is further exacerbating the rainfall accumulation by increasing surface imperviousness that hinders infiltration of water into the soil. This dissertation predicts and characterizes potential shifts in the future annual stormwater runoff
volumes and runoff extremes under the standalone and coupled changes in climate and land use across inland and coastal urban-natural settings. The research was …

Detection Of Fecal Bacteria In Watersheds Impacted By Acid Mine Drainage, Claire Addison Mcdonald

Graduate Theses, Dissertations, and Problem Reports (ETD)

Escherichia coli, a fecal coliform, is an essential component of water quality monitoring, entering waterways through sewage deposits, agricultural land and livestock, and wildlife. Various fast and user-friendly methods for quantifying E. coli make it the principal indicator bacteria for fecal contamination. The most common methods for E. coli quantification are culture-based and involve cultivating samples onto nutrient agar and counting the visible colonies. However, E. coli can enter a viable but non-culturable (VBNC) state in stressful environments. Bacteria in a VBNC state are still alive but reduce key metabolic activities that typically encourage growth and division, allowing them …

Knowledge And Training In Language Sample Analysis Of Us Speech-Language Pathology Graduate Students, Allegra Cornaglia

Graduate Theses, Dissertations, and Problem Reports (ETD)

Purpose: Speech-language pathologists (SLPs) play an integral role in identification and treatment of developmental language disorders (DLD). Best practices include the use of language sample analysis (LSA) as part of a comprehensive evaluation. However, LSA requires a specific set of foundational morphological and syntactic knowledge. Previous studies have shown a knowledge gap for both SLPs and SLP graduate students for other areas of morphosyntax and phonology. This study examined the language analysis skills of current SLP graduate students on a test of Mean Length of Utterance (MLU) analysis and Clausal Density (CD) and whether there were possible factors associated with …

Jurors' Perceptions Of Child Sexual Abuse Disclosure Patterns, Hannah Elias

Graduate Theses, Dissertations, and Problem Reports (ETD)

The process of child disclosure of sexual abuse can be complex. Children often disclose abuse consistently across settings (continuous disclosure), though there is research to support that children may deny abuse or recant their allegations despite the abuse having truly occurred (London et al., 2008; Bradley & Wood, 1996; Malloy, Lyon, & Quas, 2007). In this study, data was collected from voluntary MTurk users (N = 688). Mock jurors responded to a survey assessing perceptions of child credibility, defendant guilt, and child susceptibility to external influence in response to each CSA disclosure pattern (continuous disclosure, denial, recantation). Additionally, expert …

Care To Walk In My Shoes? Repairing Trust After Violations Of Benevolence, Luke Aaron Langlinais

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation examines how perceived perspective taking relates to trust repair, specifically in the context of a benevolence-based violation. I draw on perspective taking theory, attribution theory, and the integrative model of organizational trust to explore a model of interpersonal trust repair. The extant literature on trust repair primarily focuses on violations of ability and integrity, leaving the third dimension of trustworthiness, benevolence, largely unexplored. Yet, research suggests as many as 96% of workplace employees have been victims of benevolence-based offenses, such as disrespect, condescension, or degradation. The present research expands the theoretical bounds of the extant trust repair literature …

Smallmouth Bass (Micropterus Dolomieu) Population Characteristics And An Evaluation Of Management Responses In Two West Virginia Watersheds, Jacob D. Harrell

Graduate Theses, Dissertations, and Problem Reports (ETD)

Smallmouth Bass (Micropterus dolomieu) population characteristics were examined within the Tygart and Cheat River watersheds of north-central West Virginia. Growth, mortality and recruitment were examined for each individual population prior to modeling potential effects of various management schemes. Smallmouth Bass were sampled for total length and weight, aged using sagittal otoliths and sexed through observations of gonadal or ovarian development. Growth for each population was examined using von Bertalanffy growth models and assessed for variation among populations. Population demographic characteristics differed between and among populations, most noticeably between riverine and lacustrine habitat, whereby growth, mortality and recruitment were higher …

Needs Assessment Of Diabetes Self-Management Education And Support Within West Virginia From Provider Viewpoints, Kasey M. Yost

Graduate Theses, Dissertations, and Problem Reports (ETD)

Diabetes is a chronic health condition that affects millions of Americans. It can have significant, lasting effects on an individual’s mental and physical wellbeing, especially when it goes unmanaged or untreated. Diabetes has been a growing problem in West Virginia (WV), which has the highest adult rate of diabetes at 15.7% in the US. Furthermore, WV has the highest mortality rate associated with diabetes at 36.2%. An effective method of management is through diabetes self-management education and support (DSMES). DSMES is a critical component of care for all individuals with diabetes. It is defined as the ongoing process of facilitating …

Evocations Of Nature In Selected Piano Works By Debussy, Heah Zi-Ling

Graduate Theses, Dissertations, and Problem Reports (ETD)

The connection between nature and the music of Claude Debussy is unique and fascinating, with nature serving as a source of influence and inspiration for Debussy. Debussy looked upon nature with veneration and this viewpoint helped to form the musical ideals that he pursued while breaking with the traditional forms of music. References to nature appear in the descriptive titles of many works by Debussy, but this research focuses on selected piano works from his two books of Images. Debussy’s sense of connection to nature in his music, especially when viewed through the lenses of the Impressionist and Symbolist movements, …

From Evaluating The Performance Of Approximations In Density Functional Theory To A Machine Learning Design, Pedram Tavazohi

Graduate Theses, Dissertations, and Problem Reports (ETD)

Density-functional theory (DFT) has gained popularity because of its ability to predict the properties of a large group of materials a priori. Even though DFT is exact, there are inaccuracies introduced into the theory due to the approximations in the exchange-correlation (XC) functionals. Over the 50 years of its existence, scientists have tried to improve the design of the XC functionals. The errors introduced by these functionals are not consistent across all types of solid-state materials. In this project, a high throughput framework was utilized to compare the theoretical DFT predictions with the experimental results available in the Inorganic Crystal …

Teachers’ Perceptions Of Causes Of Academic Difficulties Experienced By Students Who Are Culturally And Linguistically Diverse, Courtney D. Miller

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of the study was to identify in-service general and special educators’, counselors’, and English as a Second Language educators’ perceptions of the cause of academic difficulties for students who are culturally and linguistically diverse (CLD). A mixed-methods sequential explanatory design was used to initially collect quantitative data though an online survey with more in-depth qualitative data collected through subsequent focus groups. This design allowed the researcher to better interpret and explain the quantitative data by exploring general and special educators’, counselors’, and ESL teachers’ perceptions of the causes of academic difficulties experienced by students who are CLD, to …