Digital Commons Network^™

Is This The Law Library Or An Episode Of The Jetsons?, Ronald E. Wheeler

Faculty Scholarship

In this brief essay penned for the inaugural online edition of the Journal of the Legal Writing Institute, Professor Wheeler discusses his vision for the future of law libraries and the future of legal research, legal research instruction, law teaching, and law related technologies.

Will Uncooperative Federalism Survive Nfib?, Abigail Moncrieff, Jonathan Dinerstein

Faculty Scholarship

In October Term 2012, the Supreme Court decided two cases that are fundamentally at odds: NFIB v. Sebelius and Douglas v. Independent Living Center of Southern California. In NFIB, the Court held that the federal government, at least under some circumstances, may not use the threat of reduced funding in cooperative federalism programs to require states to comply with federal statutory requirements. In Douglas, however, the Court indicated that private litigants should sue federal agencies under the Administrative Procedure Act if those agencies refuse to enforce federal statutory requirements against the states. The problem is that the withdrawal of funding …

Addressing Cyber Harassment: An Overview Of Hate Crimes In Cyberspace, Danielle K. Citron

Faculty Scholarship

This short piece will take a step back and give an overhead view of the problem of cyber harassment and the destructive impact it can have on victims’ lives. Then, it will address about what the law can do to combat online harassment and how a legal agenda can be reconciled with the First Amendment. Finally, it will turn to recent changes in social media companies’ treatment of online abuse and what that might mean for our system of free expression.

The Relationship Between Transformational Leadership Behavior, Adult Attachment And God Attachment, Deboarah Foulkes

Doctoral Dissertations and Projects

Transformational leaders are charged with the undertaking of not only accomplishing tasks, but also engaging followers in a manner that will achieve these tasks. An interaction with the follower is needed to achieve this, and the quality of that interaction may be impacted by environmental stressors. Past studies suggest that adult attachment orientation will determine the quality of interpersonal interactions. Additionally, past studies also suggest that an attachment to God influences the quality of interpersonal interactions and how one copes with stress. A correspondence model of God attachment posits that a person’s attachment to God will be similar to their …

Grudge Spending: The Interplay Between Markets And Culture In The Purchase Of Security, Ian Loader, Benjamin J. Goold, Angelica Thumala

All Faculty Publications

In the paper, we use data from an English study of security consumption, and recent work in the cultural sociology of markets, to illustrate the way in which moral and social commitments shape and often constrain decisions about how, or indeed whether, individuals and organizations enter markets for protection. Three main claims are proffered. We suggest, firstly, that the purchase of security commodities is a mundane, non-conspicuous mode of consumption that typically exists outside of the paraphernalia of consumer culture – a form of grudge spending. Secondly, we demonstrate that security consumption is weighed against other commitments that individuals and …

Ending The Isolation: An Introduction To The Special Volume On Human Rights And Solitary Confinement, Debra Parkes

All Faculty Publications

Prisoners and their advocates in Canada and around the world have been calling attention to the harms and impact of solitary confinement for some time. What is significant about the current moment is that these calls seem to be achieving some traction, even as the use of solitary confinement grows across jurisdictions. This short piece introduces a special volume of the Canadian Journal of Human Rights which collects the writing of advocates and scholars from a range of disciplines (criminology, law, philosophy) who bring a variety of perspectives and methodologies to bear on the opaque correctional systems that hold human …

The Politics Of Early Justice, Federal Judicial Selection, 1789-1861, Michael J. Gerhardt, Michael Ashley Stein

Faculty Publications

No abstract provided.

Superdelegation And Gatekeeping In Bankruptcy Courts, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Off-Label Drug Promotion And The Ephemeral Line Between Marketing And Education, Joan H. Krause

Faculty Publications

No abstract provided.

The Psychic Cost Of Tax Evasion, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.

Customized Procedure In Theory And Reality, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.

Holocene Settlement History Of The Dundas Islands Archipelago, Northern British Columbia, Bryn Letham, Andrew Martindale, Duncan Mclaren, Thomas Brown, Kenneth M. Ames, David J.W. Archer, Susan Marsden

Anthropology Faculty Publications and Presentations

As this article demonstrates, the Dundas Islands have been home to humans for at least eleven thousand years. This occupation was at times very extensive; this relatively small group of islands was likely home to a population of several thousand people by about two thousand years ago. While geographically on the “outer shores” of Northern Tsimshian traditional territory, these islands were in no way marginal as locations for settlement. We outline the settlement history of the archipelago by presenting the results of the Dundas Islands Archaeological Project, including the radiocarbon dating program results combined with data from three previous small-scale …

Archéologie Du Cap Espenberg Où La Question Du Birnirk Et De L’Origine Du Thulé Dans Le Nord‐Ouest De L’Alaska, Claire Alix, Owen K. Mason, Nancy H. Bigelow, Shelby L. Anderson, Jeffrey Rasic, John F. Hoffecker

Anthropology Faculty Publications and Presentations

Résumé en français

Le cap Espenberg est une flèche littorale au large de la mer des Tchouktches dans le nord‐ouest de l’Alaska contenant les vestiges de 4000 ans d’occupations humaines et de changements climatiques. Les recherches archéologiques et paléoenvironnementales qui sont menées depuis 2009 dans le cadre d’un projet pluridisciplinaire apportent des informations nouvelles sur la chronologie des occupations du dernier millénaire et documente l’émergence de la culture thuléenne directement antérieure et ancestrale aux Inuit/Inupiat d’aujourd’hui, dans un contexte d’intensification des conditions cycloniques contemporain du petit âge glaciaire. Parallèlement, ces recherches posent la question de la nature de l’occupation Birnirk …

Branding Identity, Kate Sablosky Elengold

Faculty Publications

No abstract provided.

Charter Eviction: Litigating Out Of House And Home, Margot Young

All Faculty Publications

The case of Tanudjaja v Attorney General (Canada) takes up the cause of housing rights under the Canadian Charter of Rights and Freedoms in a novel and complex way. The government actions and inactions cited as constitutional breaches and the broad remedial requests reflect the “pixelated” picture of housing concerns necessary to understanding Canada’s housing security crisis. In dismissing the challenge at a preliminary stage, the Ontario Superior and Appeal Courts risk rendering the Charter irrelevant to the deep social justice concerns that cross our country. More specifically, formulaic judicial invocation of concerns about positive rights and justiciability leave the …

The Effects Of Spinal Manipulative Therapy On Isokinetic Strength And Postactivation Potentiation, Grant D. Sanders

Theses and Dissertations--Kinesiology and Health Promotion

Spinal manipulative therapy (SMT) is a therapeutic procedure employed by various healthcare practitioners for alleviating acute and chronic musculoskeletal complaints. This form of treatment is also delivered to enhance the performance and augment the rehabilitation of athletes. However, despite research findings alleging the strength-modulating effects of SMT alongside numerous professional athletes’ positive anecdotal claims concerning its results, the physiological processes to explain its effects remain largely unexplained. Therefore, the purpose of this work was to investigate the effects of SMT in a college-aged sample population with two experiments.

The first study examined the effect of SMT targeting the lumbosacral region …

Parent Involvement And Science Achievement During Students’ Transition Years From Elementary School To Middle School: A Cross-Lagged Panel Analysis Using Ecls-K, Letao Sun

Theses and Dissertations--Educational Policy Studies and Evaluation

Transitioning from elementary school to middle school can be a difficult time for many adolescents. It is a period often correlated with a decline in students’ academic achievement, perceptions of performance, potential, and value in schooling. Research has shown evidence that parents’ involvement in their children’s education significantly influences children’s academic achievement. However, there are many conflicting findings regarding this relationship.

The primary purpose of this study is to extend existing research on academic achievement by examining the causal relationship between parent involvement and science achievement during the transition years, using data from the Early Childhood Longitudinal Study, Kindergarten Class …

Student Perceived Motivational Climate, Enjoyment, And Physical Activity In Middle School Physical Education, Christine Elizabeth Johnson

Theses and Dissertations--Education Sciences

Youth physical activity (PA) levels, specifically that of girls, decline as they enter the middle grades (Parish & Treasure, 2003). Physical education (PE) is one area in the school environment where student PA can be increased. One goal recognized by the Society of Health and Physical Educators (SHAPE) is for students to be physically active for at least 50% of class time and be offered PE for at least 225 minutes per week (SHAPE, 2013). Achievement Goal Theory (AGT) suggests student perceived motivational climate can influence PA levels, student enjoyment, and intrinsic motivation. The purpose of this study was to …

"The Wild Experiment" And Its Aftermath: How Courts Settled Conflict And Questions Of Power In Higher Education, 1900-1930, Rhyan Michael Conyers

Theses and Dissertations--Educational Policy Studies and Evaluation

Between 1900 and 1930, who determined the balance of power between higher education and the state when conflicts arose? This study presents an untold story of how courts settled disputes that stemmed from public officials’ attempts to rein in spending and influence among colleges in their states. These disputes followed what Frank Blackmar in 1890 referred to as a “wild experiment” with higher education’s growth and planning. Colleges desired to expand, acquire additional funding, and function as independently as possible, while public officials and legislatures sought to exercise influence and power over those colleges. This laid the groundwork for conflict …

Transgender Individuals' Social Support Experiences In Central Appalachia, Angela J. Aaron

Theses and Dissertations--Educational, School, and Counseling Psychology

The majority of empirical studies in transgender psychology have focused on the negative experiences of urban transgender individuals (Grossman & D’Augelli, 2007; Koken, Bimbi, & Parsons, 2009; Melendez & Pinto, 2007; Singh & McKleroy, 2011; Strain & Shuff, 2010; Xavier, Bobbin, Singer, & Budd, 2005). Less is known about the experiences of rural transgender individuals (Fassinger & Arseneau, 2007; Grossman, 2008) especially in Central Appalachia (Gray, 2009). The purpose of this study was to examine transgender individuals’ perceptions of social support in Central Appalachia. Bronfenbrenner’s (1977) ecological model framed the analysis of social support experiences within the culture of Central …

Missed Opportunities In The Mountains: The University Of Kentucky's Action Program In Eastern Kentucky In The 1960s, Bradley L. Goan

Theses and Dissertations--Educational Policy Studies and Evaluation

This dissertation explores the University of Kentucky’s efforts to develop and implement an “action program” in eastern Kentucky in the 1960s. By the late 1950s, Kentucky’s political, business, and academic leaders had identified eastern Kentucky as the state’s problem area, and they sought strategies to bring the region into the economic and cultural mainstream. This generation of post-war leaders had an uncompromising faith in the power of knowledge, technology, and planning, and University leaders saw their action program as a university-wide effort to address what most would argue was Kentucky’s ugliest problem. This study begins with an examination of the …

Rise Of The Administrator In Higher Education: Focus On Professionalization Of The Registrar At The University Of Kentucky From 1910 To 1937, Nancy D. Taylor

Theses and Dissertations--Educational Policy Studies and Evaluation

The decades following the Civil War saw a tremendous growth in the number of colleges and universities, both public and private, due in large part to funds provided by federal legislation under the Morrill Act of 1862 and a surge in philanthropy on the part of wealthy industrialists. In the early colleges and universities, administrations were typically run by the president alone. With increased enrollment and the demand for expanded services, one man could no longer handle all the administrative functions, and thus was born the administrative professional in higher education. Due to the increased demand for record-keeping, one of …

Gender Discrimination And Title Ix Implementation: Lessons From The Office For Civil Rights Resolution Letters 1997-2011, Laura S. Johnson

Theses and Dissertations--Educational Policy Studies and Evaluation

Gender discrimination, such as sexual harassment, sexual assault and inequitable treatment has long been considered a prominent issue on higher education campuses and is regulated under the Patsy Takemoto Mink Equal Opportunity in Education Act, commonly known as Title IX. Title IX is enforced by the Department of Education’s Office for Civil Rights (OCR) who responds to gender discrimination complaints on campus through investigations resulting in what are called OCR Resolution Letters. These letters define numerous policies and procedures Institutions of Higher Education (IHE) must put in place pertaining to the prevention of gender discrimination. This qualitative study looks specifically …

Good Leavers And Bad Stayers: Exploring The Influence Of Defining Student Success Outcomes With A Composite Measure Of Performance And Persistence, Curtis T. Sandberg

Theses and Dissertations--Educational Policy Studies and Evaluation

Not all college “stayers” and “leavers” stay or leave for the same reason or with the same experience. However, traditional measures and studies of academic success have limited their scope to either performance or persistence as individual variables. This study explored whether a more nuanced definition of success as a composite of both performance and persistence (GPA and retention) produced different results than when using the variables separately. The influence of academic self-efficacy on student success served as the context for this exploration. The study used an existing incoming student survey dataset from a small private liberal arts college. Subjects …

The Learning Station: A Holistic Single-Case Study Of An After School Program To Address The Achievement Gap, Serenity Wright

Theses and Dissertations--Educational Policy Studies and Evaluation

The three parts of this dissertation provide multiple perspectives on a single-case study of the ways in which the achievement gap is defined in one Kentucky school district. The case study focuses on the Learning Station, an after-school tutoring program that intended to address the achievement gap for minority and low-income students. Given the intensity of high stakes testing and testing frequency becoming part of the national mainstream conversation, the first part provides a brief overview of the various state and district mandated tests that students are required to take throughout the course of the year. I use quantitative data …

The Use Of A Digital Game-Based Safety Program For All-Terrain Vehicles: Operational Knowledge For Youthful Riders, Mark Schneider

Theses and Dissertations--Curriculum and Instruction

Given the exposure and preference of digital natives for games, along with the proliferation of digital devices, there is a need to determine how effective digital games are in conveying operational knowledge to our youth. This quasi-experimental study examined whether a digital safety game increased high school student operational knowledge of All-terrain Vehicle (ATV) safety in contrast to conventional PowerPoint ATV safety training with commensurate information. The first treatment group consisted of “in class” students participating in the ATV game, the second treatment group was made up of “free play” students playing the game out of class, and finally the …

Transformative Participation In A Professional Community: A Holistic Case Study Of One Experienced Teacher’S Evolving Practice, Kim Zeidler-Watters

Theses and Dissertations--Curriculum and Instruction

This descriptive, holistic, single case study focuses on how an experienced teacher with 21 years of teaching was able to negotiate participation in a community of practice (CoP). The study applies Wenger’s (1998) Community of Practice framework as a lens through which to gain insight into the subject’s professional transformation. Wenger’s multilayered theoretical approach, including the four components of his social learning model, provides a common language to describe participation.

The specific research questions that frame this inquiry are: 1) How did an experienced secondary mathematics teacher, involved in an ongoing and dual-faceted professional development project, negotiate meaningful participation in …

Concept Mapping: Effects On Content Knowledge And Engagement With Content In Elementary Students’ Persuasive Writing, Melissa E. Gardner

Theses and Dissertations--Curriculum and Instruction

This comparative pre-test/post-test quantitative study investigated the effect of an instructional strategy using concept mapping as a graphic organizer on the quality of persuasive writing compositions produced by fourth grade elementary school students. Six fourth grade classes were assigned as intact groups to three conditions: concept mapping treatment, four square treatment, and control. Participants wrote a pre-test essay prior to treatment. Treatment consisted of an instructional unit collaboratively developed by the researcher and classroom teachers on persuasive writing. Instruction for the three treatment groups was the same except for type of graphic organizer used (Concept Map, Four Square, or none). …

The Use Of Contrastive Analysis In Code-Switching From Appalachian English Dialect To Standard English Dialect, Shayla D. Mettille

Theses and Dissertations--Curriculum and Instruction

This study examined the use of an intervention, Contrastive Analysis (CA), with fourth-graders’ writing in a Central Appalachian elementary school. The purpose was to improve the use of Standard English in students’ writing in Appalachia by decreasing the number of vernacular features typically used in the writing. The researcher collected data through Consent and Assent Forms, interviews with the fourth-grade teacher, classroom observations and an accompanying CA observation evaluation rubric, pre- and post-writing prompts, selected writings and Writer Self-Perception Scale (WSPS), as well as communication data. Data analysis was accomplished for both the prompts, writing pieces and the WSPS scores. …

Biomechanical Analysis Of Race Walking Compared To Normal Walking And Running Gait, Jaclyn D. Norberg

Theses and Dissertations--Kinesiology and Health Promotion

Human locomotion is phenomenon that is extraordinarily complex. It is evident that a complete description of locomotion involves consideration of kinematics, kinetics, and muscle activity of the extremities in all of their various movements. Race walking (RW) is a form of upright locomotion that differs from normal walking and running by its form dictated by the International Amateur Athletics Federation (IAAF). Despite the similarities to both normal walking (NW) and running (RU), RW has not been the subject of equally intensive investigations.

This study explores the comprehensive biomechanics of race walking and how it compares to NW and RU. A …