Digital Commons Network^™

Transfers And Licensing Of Copyrights To Nft Purchasers, Michael D. Murray

Law Faculty Scholarly Articles

Property as a concept in the law means the right to own and control something and to exclude others from using and controlling it. This concept often is expressed as the rights owner having a monopoly over the thing that is owned. When the term “intellectual” is added to the concept of property, it means that the thing protected is a non-tangible item devised, imagined, developed, or invented by a person or group, and that thing has value deserving of protection in the law. Copyright is one form of intellectual property (“IP”), the others being trademarks, patents, right of publicity, …

Nft Ownership And Copyrights, Michael D. Murray

Law Faculty Scholarly Articles

Non-fungible tokens (NFTs) have made enormous waves in the art, music, entertainment, and collectibles world, but the backwash of this blockchain technology has inundated and overwhelmed many peoples’ understanding of intellectual property (IP) law in general and copyright law in particular when it comes to NFTs and blockchains. Artists and creatives who mint NFTs often have very different understandings and expectations from collectors and investors who purchase and use them when it comes to the copyrights associated with the content linked to an NFT. Art law attorneys may not have gone fully down the rabbit hole that is the current …

Generative Ai Art: Copyright Infringement And Fair Use, Michael D. Murray

Law Faculty Scholarly Articles

The discussion of AI copyright infringement or fair use often skips over all the required steps of the infringement analysis in order to focus on the most intriguing question, “Could a visual generative AI generate a work that potentially infringes a preexisting copyrighted work?” and then the discussion skips further ahead to, “Would the AI have a fair use defense, most likely under the transformative test?” These are relevant questions, but without considering the actual steps of the copyright infringement analysis, the discussion is misleading or even irrelevant. This neglecting of topics and stages of the infringement analysis fails to …

Precious And Dear To Us Is Only This Place: The Transformative Potential Of Monumental Remnants, Zachary A. Bray

Law Faculty Scholarly Articles

When monuments are torn down, what remains, and what should we do with the remains? In the United States as elsewhere, recent political and social conflicts have led to the destruction or relocation of many monuments—sometimes spontaneous, sometimes carefully planned. Much attention has been focused on these processes of removal and relocation, and the laws that hinder or advance these changes. On the other hand, relatively little attention has been paid to what remains behind after monuments are removed or destroyed: the vacant spaces, empty pedestals, fragments of statues, and so forth. Sometimes these remnants are protected by laws that …

Introduction: There Must Be Something In The Water - Or The Bourbon - In Kentucky: Voting Rights In The Bluegrass State, Joshua A. Douglas

Law Faculty Scholarly Articles

Kentucky is best known for three things: horses, bourbon, and basketball. Add positive improvements for the right to vote to the list.

The Bluegrass state has made national news in recent years for its election rules. In 2020, many people in the media and advocacy world pointed to Kentucky as a model for administering an election during the COVID-19 pandemic. Under a bipartisan agreement between the Democratic Governor and Republican Secretary of State, Kentucky initially postponed the 2020 primary to provide for additional planning time. Then it implemented smart rules to ease access to vote-by-mail and made in-person voting safer …

Reading Legal Ethnographies To Re-Map Legal Pluralism: A Pospisilian Corrective To The Prevailing Dichotomous Description Of Afghanistan’S Legal Order, Tomas Ledvinka, James M. Donovan

Law Faculty Scholarly Articles

This article explores several ethnographies (both academic and para-academic) of Afghanistan’s traditional justice (jirgas and shuras) in order to illuminate contrasts of their conceptual approaches at different periods of the country’s history. In this genealogy we identify ethnographic observations of the levels at which various sociolegal authorities operate and which often elude standard international ontology. The article takes the legal ethnographies as signposts for a conceptual reframing of the legal situation in the country by drawing upon Pospisil’s legal-anthropological conceptual approach which offers an alternative to generic global legal models based on binary oppositions such as formal–informal, state–non-state or official–traditional. …

Rebranding The Battle Against Clinician Burnout, Taylor Albitar

DSW Capstone Projects

The purpose of this capstone project is to take a deep dive into the issue of burnout among marginalized healthcare providers. This paper will dissect key points in history that target wellness and define terms that are relevant to understanding the effects of burnout on a person’s work-life balance. It will be divided into several sections, including an overview of the problem and contributing factors, a thorough review of relevant literature, a conceptual idea that will explore both the problem at hand and theories that can help with its effects, and finally a practice application that will serve as the …

Supporting Social Work Employment-Hosted Practicum Placements: Challenges And Recommendations, Mary Scanlon

DSW Capstone Projects

The Council on Social Work Education (CSWE) named field education as the signature pedagogy of social work education in 2008. The accrediting organization develops policies that accredited social work programs must adhere to within their field education programs. One policy that stood for over forty years required students completing practicums at their places of employment to create learning opportunities beyond the scope of their employment activities. CSWE altered that policy in its 2022 Educational Policy and Accreditation Standards (EPAS) and now allows programs to let students count their paid work time as field hours. This is a significant shift in …

Implementation Of A School-Based Adolescent Pregnancy Prevention Program In Harlan County, Kentucky, Jaycea Frederick

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

Kentucky has the 6^th highest rate of adolescent pregnancy in the United States and Harlan County ranks among the highest rates in the state. Adolescent pregnancy is a public health problem and costs taxpayers in the United States around $9.4 billion each year. Overall, there have been declines in adolescent pregnancy but the national average soars above those in other Western industrialized nations such as the United Kingdom. Implementing a comprehensive sexual health education program in a public school setting is an efficient strategy to reach numerous adolescents and influence sexual health knowledge and help to delay the initiation …

Impact Of A Parent Education Program On Parents Of Children With Complex Congenital Heart Disease Prior To Discharge Home, Laura Elkhoury

DNP Projects

Abstract

Background and Purpose: Children with complex medical needs, such as children with complex congenital heart disease, are at risk for hospital readmission, morbidity, and mortality related to disease complications. Parents must be adequately prepared to care for their children following hospital discharge to prevent hospital readmission and complications. This study seeks to evaluate the impact of an education intervention on parental knowledge and stress related to caring for their child with complex medical needs.

Methods: The study design is a quasi-experimental, nonequivalent control pre-test/post-test design. The pre-test was administered prior to the educational intervention, with the post-test …

3-Dimensional Muscle Constructs: Using Hydrogels In Order To Model The Effects Of Exercise In Disease Conditions, Mark Mchargue

Theses and Dissertations--Biomedical Engineering

Currently, there is no standard in vitro model for studying the effects of mechanical stimulation on muscle in type II diabetes. Existing models primarily utilize electrical stimulation, which does not fully recapitulate the effects of exercise. In this thesis, we create a standardized in vitro model of murine muscle that can recapitulate the benefits seen in exercise when mechanically stimulated. Moreover, we show that a type II diabetes environment has similar effects on the muscle in vitro as well as in vivo.

Quantitative Microbial Risk Assessment (Qmra) For Urban Stormwater Reuse After Treatment Through A Bioretention System, Isaac Oluk

Theses and Dissertations--Civil Engineering

Bioretention, also referred to as a stormwater biofilter, is an extensively used low-impact development technology for both stormwater management and water quality gains. However, little attention has been paid to the acceptability and uncertainty of human health risks associated with the treatment performance of bioretention filter media, and non-potable water reuse scenarios to guide decision-making and system design. This study uses bioretention mechanistic modeling paired with quantitative microbial risk assessment (QMRA) under uncertainty to evaluate human health risks from two reference pathogens – Campylobacter jejuni and Cryptosporidium. Consumption of irrigated green salad, consumption of raw green salad washed with effluent, …

Drop Wetting And Sliding On Soft, Swollen Elastomers, Zhuoyun Cai

Theses and Dissertations--Chemical and Materials Engineering

Soft, slippery surfaces have gained increasing attention due to their wide range of potential applications, for example in self-cleaning, anti-fouling, liquid collection, and more. One design approach in creating slippery surfaces is using a swollen elastomer, which is a polymer network swollen with a lubricant. This type of surface may be beneficial for longer-term use than standard lubricant-infused surfaces, and provides a versatile surface with tunable mechanical properties. Hence, understanding the physics of soft surface interactions is important for fundamental soft matter physics, biomaterials, adhesives, and coatings. This research experimentally investigates wetting on soft infused networks, with the aim of …

Effects Of Confinement On Ionic Liquids And Deep Eutectic Solvents For The Design Of Catalytic Systems, Electrochemical Devices, And Separations, Andrew Drake

Theses and Dissertations--Chemical and Materials Engineering

Confinement of ionic liquids (ILs) and deep eutectic solvents (DESs) within mesoporous materials such as silica helps to control the local environment within the pores for applications such as catalysis, electrochemistry, and absorption. Silica thin films with 2.5 and 8 nm pores and micron-sized silica particles with pore diameters of 5.4 and 9 nm were synthesized to study the effect of nanoconfinement on ILs 1-butyl-3-methylimidazolium hexafluorophosphate ([BMIM][PF₆]), 1-butyl-3-methylimidazolium chloride ([BMIM][Cl]), and DESs reline and ethaline (choline chloride and urea or ethylene glycol). Silica thin films with vertically aligned, well ordered, and accessible pores were synthesized via the evaporation-induced …

The Reflexitve Fritz Lang: Meta-Cinematic And Genre Critiques In His American Films, Justin J. Roberts

Theses and Dissertations--English

Director Fritz Lang is best remembered and most celebrated for the films he made in Germany, including Metropolis (1927) and M (1931), between 1919 and 1933. But he spent over half of his career working in Hollywood. This dissertation is a reconsideration of his American films, focused on how Lang used various Hollywood genres to question and critique the way Hollywood films and genres functioned, as well as trends within those genres. This dissertation is a roughly chronological reading of twelve of Lang’s American films, sorted by genre. We can see how his thinking about the function of film and …

Conceive And Control: Cultural-Legal Narratives Of American Privacy And Reproductive Politics, Emily Naser-Hall

Theses and Dissertations--English

Law and literature share a foundation in narrative. The literary turn in legal scholarship recognizes that the law itself is a form of narrative, one that simultaneously reflects socio-cultural norms and creates social and political regulations with a complex matrix of power. Cultural narratives from the 1950s to the mid-1970s pertaining to reproductive politics, domesticity, and national identity both produce and are productive of legal rulings that govern and restrict private acts of sexuality and speech. The Supreme Court used cases concerning sex and reproduction to enumerate, explicate, and complicate the right to privacy, which appears nowhere in the U.S. …

Echoed Malice: Identity And The Doubled Voice In Gothic Horror, Brandon West

Theses and Dissertations--English

My dissertation argues we would benefit from focusing on the voice when analyzing gothic and horror texts. That is, I contend, there remains significant fertile ground for us to till in these texts if we shift our focus to the voice and its various iterations across these texts’ long history. To demonstrate this point, I delineate three variations of this theme: the doubled voice in the possession narrative, the split voice in the ventriloquist-dummy dynamic, and the inherent uncertainty of the voice without discernable origin. Each of these variations, I argue, offers fruitful readings of oft-studied texts and, moreover, offers …

Ovid's Caeneus As A Queer Hero: Understanding Gender And Gender Variance In The Ancient Mediterranean., Rj Palmer

Theses and Dissertations--Modern and Classical Languages, Literature and Cultures

Caeneus, as written in Ovid’s Metamorphoses, is a notable blend of ancient and Hellenistic versions of the myth. Ovid’s Caeneus can be understood as a transgender man, since he was assigned female at birth, but asks for his gender to be changed by the god Neptune, and goes on to live the rest of his life with the body, appearance, and social roles of a man. Ovid incorporates Caeneus’ trans identity with his use of grammatical gender endings for Caeneus, using masculine gender for Caeneus except when discussing his pre-transition childhood, or when the centaurs address him mockingly while fighting. …

Picturing The Future City: Digital Mediation And Creative Placemaking, Jessica Mccallum Breen

Theses and Dissertations--Geography

Creative placemaking is an arts-oriented community development policy that focuses on the potential for art, artists, and cultural organizations to generate social, economic, and cultural vibrancy in their communities and is a primary tool of culture-led (re)development practices (Markusen & Gwada, 2010). Despite the focus of creative placemakers on the local impacts of their work, creative placemaking is more than local, it is both translocal and transcalar. In this dissertation, I examine the role that digital mediation plays in creative placemaking and how it makes visible these translocal and transcalar connections. I begin by outlining a methodology for tracing replicated …

The Psycho-(Geo)Political Driving Forces Of Comfort Women Social Movements In South Korea, Jaeyeon Lee

Theses and Dissertations--Geography

"Comfort women" refers to the estimated 80,000 to 200,000 women who were forced to serve the Japanese imperial army sexually, physically, and mentally during WWII in and beyond the Asia-Pacific region. Since 1992, Korean activists have held the Wednesday Demonstration, which is the weekly protest in front of the Japanese Embassy in Seoul, to call for an official apology and legal compensation from the Japanese government. Since 2011, Korean activists have also installed comfort woman statues in and outside of South Korea.

This dissertation examines the psycho-political driving force behind the Wednesday Demonstration and comfort woman statue movements in South …

Language Ideologies In Deep South Korea: Voices Of Jeollanamdo English Teachers, Ian Schneider

Theses and Dissertations--Linguistics

Language ideologies serve as shared beliefs and key frames that link language and society, mediating both macro-level social forces and micro-level interactions. Through this lens, this thesis compares the ideological perspectives and experiences of expatriate and local English teachers working in secondary-level schools in the rural province of Jeollanamdo, South Korea. Through thematic analysis of semi-structured interviews, this study argues for complexity and nuance in how language teachers from distinct backgrounds perceive and negotiate dominant English language ideologies in Korean society. Moreover, these ideological perspectives differ between teachers of local and expatriate backgrounds, or teachers working in urban and rural …

Rhyming Tactics In Korean Hip-Hop With Two Approaches Of English And Korean Syllable Structures, Gihyun Gal

Theses and Dissertations--Linguistics

Rhyming Tactics in Korean Hip-Hop with Two Approaches of English and Korean Syllable Structures

Today, Korean Hip-Hop (KHH) has been slowly moving beyond a localized pop culture through the internet and media. This study finds that rhyming patterns in KHH are much more complex than prior research suggests. Especially, this study focuses on an evolution of Korean Hip-Hop through the time such as since 1989 to 2015. Park (2016) discusses how Korean rappers think about using rhyming tactics as "[m]over, the concept of rhyming was not conceptualized as belonging to the Korean language by most of rappers. Even if rappers …

It's Football Time In The Bluegrass!: The Community Of Uk Football Athletes & Fans And Their Shared Language & Religious Practices, Virginia Anderson

Theses and Dissertations--Linguistics

This thesis observes how University of Kentucky fans and athletes create both a community and a religious experience surrounding the sport of football through their use of language. Fans and athletes took part in interviews that implicitly asked about religious experiences and community. Once the interviews were completed, they were transcribed and underwent open thematic coding. Themes were gathered from the interviews and compared to determine if the fans and athletes were separate subcommunities or if they were simply part of the at-large University of Kentucky football program community. These themes also aided in determining if and how fans and …

“Local, But Intelligent”: Language Ideologies In The Informant Biographies Of The Linguistic Atlas Project, Nicholas A. Passarelli

Theses and Dissertations--Linguistics

This thesis argues for the relevance of the Linguistic Atlas Project (LAP) for studies of language ideologies, indexicality, and enregisterment. The LAP represents the largest dialect survey of North American English to date, offering an abundance of historical linguistic data for research in dialectology, linguistic geography, and variation over space and time. Additionally, the LAP also contains additional sources of sociolinguistic data, including informant biographies — documents written by fieldworkers at the conclusion of the LAP interview that summarize an informant’s demographic profile, as well as their personality, speech, and caliber as an interviewee. Rife with subjective judgments from the …

Sexualidad, Afectos Y Sociedad: Las No Monogamias Consensuadas (Nmc) En La Literatura Y El Cine Español, Sandra Nava Nieto

Theses and Dissertations--Hispanic Studies

Cuando pensamos en las relaciones sexo-afectivas que podemos tener en la sociedad occidental, el sistema monógamo es la opción estándar. La amatonormatividad, el patriarcado y la monogamia son un potente trío que se retroalimentan en cuanto a la promoción de la discriminación de la mujer y de los afectos no heteronormativos. El sistema monógamo sigue vigente, no solo mediante legalizaciones, sino mediante refuerzos sociales de las normas de género. Las relaciones no monógamas consensuadas (NMC), un grupo heterogéneo de relaciones sexo-afectivas fura de la monogamia, pueden ser un punto de inflexión para cambiar los roles de género y desestructurar la …

Mujeres En Crisis: Posturas Divergentes Frente Al Neoliberalismo, Silvia Encinas Caballero

Theses and Dissertations--Hispanic Studies

Popular belief has always attributed women an innate capacity to overcome periods of crisis, whether these are provoked by an economic debacle or by a natural disaster. My dissertation explores the representation of women in Spanish narrative and film from the beginning of the global economic crisis in 2008 up to the recession caused by the Covid- 19 pandemic in 2020. I study how specific cultural production can serve to perpetuate models of patriarchal domination or to provide alternative representations of women as independent, resilient individuals in times of economic crisis.

I analyze four novels and three films in which …

Truth In Horror: Cinematic Representations Of Social Violence In Spain, Latin America, And The United States, Kelly Ferguson

Theses and Dissertations--Hispanic Studies

My dissertation, Truth in Horror: Cinematic Representation of Social Violence in Spain, Latin American, and the Latinx United States, investigates the recent explosion of political horror films that straddle the past and present, reflecting both the current political moment and the polemic historical memories of state repression against racialized others and ideological dissidents. Chapter One, “Paranoid Horror and the Return of Franco,” studies four Spanish horror films, Tras el cristal (1986), Pa negre (2010), Mientras duermes (2011), and Musarañas (2014), all of which feature child protagonists that seek out truth about violent family secrets, but ultimately reject it as …

"Any Changes, Eh?": Party Defection, Party Switching, And Shifting Allegiances In Antebellum America, 1830-1860, Jacob Wood

Theses and Dissertations--History

Political party ties hardened during the Second Party System period, most noticeably in the transition from the Federalist and Democratic-Republicans to the Democratic and Whig parties. “Any Changes, Eh?” argues that politically-minded Americans still found ways to leave their political parties and support another, even in the face of social and political ostracism. As party ties grew stronger, party defection shifted from direct to indirect methods to challenge political system. Sometimes these movements were permanent conversions, other times they were a protest vote only to make a point to their home party. Party defection took a variety of forms beyond …

The Kids Were Alt-Right: Radical Right Youth Activism And The Origins Of The White Power Movement, 1960-1980, Austin Zinkle

Theses and Dissertations--History

This dissertation explores the young people—primarily young men—involved and weaponized within the radical racist Right during the 1960s and 1970s in the United States. This project argues that young people were an active bedrock of support within racist and antisemitic organizations such as the American Nazi Party, the National Alliance, the Knights of the Ku Klux Klan, and others, and created a unique coalition that ultimately developed into a revolutionary racist Right and eventual white power movement by the 1980s. This dissertation makes a significant intervention in scholarship on the radical Right’s development over the past sixty years and serves …

Geometry Of Pipe Dream Complexes, Benjamin Reese

Theses and Dissertations--Mathematics

In this dissertation we study the geometry of pipe dream complexes with the goal of gaining a deeper understanding of Schubert polynomials. Given a pipe dream complex PD(w) for w a permutation in the symmetric group, we show its boundary is Whitney stratified by the set of all pipe dream complexes PD(v) where v > w in the strong Bruhat order. For permutations w in the symmetric group on n elements, we introduce the pipe dream complex poset P(n). The dual of this graded poset naturally corresponds to the poset of strata associated to the Whitney stratification of the boundary of …