Digital Commons Network^™

Before Interpretation, Anya Bernstein

Faculty Scholarship

What is it that a judge interprets in a statutory interpretation case? This Article shows that the answer to this question is surprisingly complex. First, the text that a judge interprets is not simply given. Rather, judges must select texts to interpret. Second, the background against which a judge views that text is also not given. Rather, judges situate the texts they interpret within unique, case-specific contexts that they construct from a diverse and unpredictable variety of factors. Selecting and situating: these form the infrastructure of interpretation. Each requires judges to exercise creativity and choice. But opinions tend to present …

Recognizing Women's Rights At Work: Health And Women Workers In Global Supply Chains, Erika R. George, Candace D. Gibson, Rebecca Sewall, David Wofford

Faculty Scholarship

The Guiding Principles mandate that businesses respect the human fights enshrined in the International Bill of Human Rights and in the International Labour Organization (ILO)'s Declaration on Fundamental Principles and Rights at Work. Due diligence processes and risk impact assessments are the main recommended means for ensuring compliance with companies' commitments to respect international human fights. Because OSH as a conceptual framework and regulatory order is not sufficient to identify the risk of health fights violations to women workers, we argue companies should not anchor their due diligence and risk assessment in OSH conventions and settle for a check-the-box solution …

Resistance, Resonance And Restoration: How Generative Stories Shape Organisational Futures, Michelle Lebaron, Nadja Marie Alexander

All Faculty Publications

Stories are powerful. They reflect our past and shape our futures, but are never complete. Stories connect us to people in organisations – present and past – with whom we feel belonging, and disconnect us from others. Always abstractive, they give incomplete pictures of what was, weaving past accounts into what is and what will be. Because choice-points in storytelling are mostly unconscious, biases and perceptions are always part of narration, tending to reinforce preferred images, identities and trajectories. Storytelling habits, in turn, often accent negative histories and escalate conflict.

Because stories are so powerful, it is essential to critically …

Privacy And Court Records: Online Access And The Loss Of Practical Obscurity, David S. Ardia

Faculty Publications

Court records present a conundrum for privacy advocates. Public access to the courts has long been a fundamental tenant of American democracy, helping to ensure that our system of justice functions fairly and that citizens can observe the actions of their government. Yet court records contain an astonishing amount of private and sensitive information, ranging from social security numbers to the names of sexual assault victims. Until recently, the privacy harms that attended the public disclosure of court records were generally regarded as insignificant because court files were difficult to search and access. But this “practical obscurity” is rapidly disappearing …

Maintaining Power By Manipulating Memory In Rwanda, Thomas A. Kelley Iii

Faculty Publications

No abstract provided.

The Free Speech Rights Of University Students, Mary-Rose Papandrea

Faculty Publications

No abstract provided.

Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick

Faculty Publications

No abstract provided.

Tripping The Light Fantastic: A Comparative Analysis Of The European Commission's Proposals For New And Interim Financing Of Insolvent Businesses, Jennifer Payne, Janis P. Sarra

All Faculty Publications

The European Commission published a draft Directive in November 2016, with the aim of ensuring that all Member States have in place an effective mechanism for dealing with viable, but financially distressed, businesses. The draft Directive includes provisions designed to encourage financing for the debtor company, both interim financing to “keep the lights on” for a brief period while the debtor negotiates with its creditors for a resolution to its financial distress, and where possible, to finance implementation of a restructuring plan, called “new financing” in the draft Directive. Creating such a financing regime is a complex and difficult issue, …

The Effect Of Repetitive Text Messages On The Retention Of Knowledge Among Clinical Staff, Judy Bowling

All Publications

No abstract provided.

The Frequency Of Texting On Middle School Students' Writing Achievement, Jennifer French

Doctoral Dissertations and Projects

The purpose of this correlational study was to discover the impact of texting on writing achievement for middle school students. The theory guiding this study is Vygotsky’s Social Cognitive Theory (Newman & Holzman, 2013) as it explains that learning is influenced by one’s social environment. The data that will be collected consists of the scores of the writing portion of the 2014-2015 state standardized test (ISTEP), a student survey answering questions about texting practices, and student status information on Free and Reduced Meals. The multiple regression analysis will be used to analyze this data because as inferential statistics it can …

Understanding Faculty Use Of The Learning Management System, Jason Rhode

Faculty Articles, Papers, and Other Scholarship

The learning management system (LMS) has become a critical tool for nearly all institutions of higher education, and a driving force in online learning. According to a 2014 report by the Educause Center for Analysis and Research, 99% of higher education institutions have an LMS in place, and the LMS is used by 85% of faculty and 83% of students. This was not always the case, however. There was a time in the not-so-distant past when using an LMS was considered highly innovative. Understanding the growth and adoption of the LMS is a stepping stone to understanding how faculty may …

The Effects Of A Worksite Wellness Program On Prescription Claims, Carrie Deann Davidson

Theses and Dissertations--Kinesiology and Health Promotion

The purpose of this study was to determine the effectiveness of the worksite wellness weight loss program called Weight Loss Matters (WLM) for employees at the University of Kentucky. The three main objectives were to measure the effect of Weight Loss Matters for employees from June 2006 to December 2011 in the following areas (1) prescription claims for hypertension, diabetes, and dyslipidemia, (2) weight loss, and (3) food diary compliance. Participants included 591 employees who participated in WLM for at least one session from 2006 to 2011 for whom there were data. This study employed a Quasi-experiment, longitudinal design. Data …

Self-Stigma, Attitudes, And Preferences When Seeking Mental Health And Sport Psychology Services: A Student-Athlete Point Of View, Rena Marie Goodwin

Theses and Dissertations--Kinesiology and Health Promotion

This study explored student-athletes’ attitudes, stigmas, and preferences toward mental health and sport psychology services. Previous research has identified that student-athletes report similar rates of distress compared to the general student population (Davoren & Hwang, 2014; Frank, Hautzinger & Beckmann, 2013). While student-athletes are in need of mental health services, previous research has also found that student-athletes can benefit from the use of sport psychology services. Previous research has demonstrated the need to support student-athletes as people, students, and athletes (Andersen, Miles, Robinson, & Mahoney, 2004; Bond, 2002; Friesen & Orlick, 2010; Miller & Kerr, 2002). However, not all athletic …

Center Of Pressure Excursion During A Single Leg Standing Test In Ambulatory Children With Cerebral Palsy, Ryan Thomas Callahan

Theses and Dissertations--Kinesiology and Health Promotion

INTRODUCTION: Cerebral Palsy (CP) is the most common disabling motor disorder found during childhood, occurring in 2.1-3.2 of every 1,000 births. Motor functionality of children with CP is commonly compromised and is classified with a gross motor function classification score (GMFCS) and with the gross motor function measure (GMFM). Balance ability has typically been assessed using single leg stance test (SLST) time but more recently, center of pressure excursion (COPE) has shown to be a more valid measurement in populations with altered motor abilities. However, COPE has not been used to test balance in the CP population, yet. This study …

Examination Of Volume And Intensities Of Weekday Practices And Competitive Games In Collegiate Football Players, Tyler Lindon

Theses and Dissertations--Kinesiology and Health Promotion

The aims of the present study were to characterize the typical volume (total distance) and intensities (high-speed distance > 75% of maximum speed for weekday practices, Monday through Friday and competitive games on Saturday; compare the daily practice volume and intensities to competitive games to determine if the targeted volume and intensities are achieved as part of the periodized strategies using GPS software; and examine the relationship among total distance, high-speed distance in the prediction of player-load . Thirty NCAA Division I Football players (187.9 ± 5.5 cm; 107.4 ± 24.6 kg) were monitored using GPS receivers with integrated accelerometers during …

The Relationship Between Involvement In Religious Student Organizations And The Development Of Socially Responsible Leadership Capacity, William J. Black

Theses and Dissertations--Educational Policy Studies and Evaluation

This study of 76,365 students from 82 U.S. institutions explored the relationship between involvement in a religious student organization and student capacities for socially responsible leadership, based on the Social Change Model of Leadership (SCM). Results from t-tests found students involved in both religious and secular student organizations reported statistically significantly higher scores on all eight measures of socially responsible leadership than students involved in only religious student organizations.

Hierarchical multiple regression models explained between 26% and 29% of the variance in student reported levels of overall socially responsible leadership. Compared to students involved in no organizations, involvement in …

The Departmental Work Lives Of Full-Time Non-Tenure Track Faculty, Pamela Jane Clouse

Theses and Dissertations--Educational Policy Studies and Evaluation

This qualitative phenomenological dissertation explored The Departmental Work Lives of Full-Time Non-Tenure Track Faculty (FTNTT) at two public four-year universities located in the Southeastern region of the United States. This study is based on interviews with twelve (FTNTT) faculty members representing departments traditionally associated within the College of Arts and Sciences. This study found FTNTT faculty participants highly credentialed and reasonably satisfied in their positions. This study adds the descriptor heterogeneous to FTNTT faculty members’ job roles, work environments, daily engagements, and work experiences and contradicts existing literature that finds FTNTT faculty positions to be resource deficit and administratively non-supporting. …

By Need And By Name: School Leaders Fostering Environments For Grandparents Raising Grandchildren, Rebecca G. Roach

Theses and Dissertations--Education Sciences

Children raised by their grandparents are a steadily growing demographic in schools throughout the United States. When parents are unable to care for their children, grandparents sometimes assume the role of primary caregiver. This is especially true when they are faced with the threat of placing their grandchildren in the foster care system. More often than not, these grandparents are not adequately prepared for the challenges of raising children who have lost their parent through death, drug abuse or incarceration and few resources exist to guide elementary school principals to engage this demographic. Regardless of the growing numbers of caregiving …

Support Networks Of “Educational Pioneers”: A Methodological Approach For Examining The Impact Of A Residential Learning Community On First-Generation Students, Ryan R. Setari

Theses and Dissertations--Educational Policy Studies and Evaluation

The purpose of this study is to demonstrate the use of social network analysis to examine the peer involvement and supportive relationships of students living within an exclusively first-generation RLC. Using network surveys targeted toward a first-generation population, the networks of first-year residents were visualized and measured. The supportive peer relationships that provided students with encouragement, validation, and academic assistance were identified, as well as the networks for friendship and study partnership. The networks identified for this study were examined to find if change occurred between the start and the end of the semester. Multiple regression QAPs were performed to …

Utilizing The Social Ecological Model To Address Drinking Behaviors Among College Students Participating In Ncaa Division I Non-Revenue Generating Sports, Andrew M. Smith

Theses and Dissertations--Educational Policy Studies and Evaluation

College students between the ages of 18 and 24 are considered high-risk for alcohol-related negative consequences due to drinking at high-risk levels (Barry, Howell & Salaga, 2015). Within that population, varsity student athletes are considered at even greater risk for those issues (Druckman, 2015; Wechsler, 2002).

With football and men’s basketball being considered the only revenue-generating NCAA Division I sports, non-revenue-generating sports consist of the majority of student athletes (NCAA, 2016). This study is designed to examine high-risk drinking as well as alcohol-related consequences among non-revenue-generating student athletes attending a National Collegiate Athletic Association (NCAA) Division I school.

The sample …

Determined To Make A Difference: A Qualitative Study Of College Women Student Leaders, Heather Yattaw Wagoner

Theses and Dissertations--Educational Policy Studies and Evaluation

While research has grown related to the experiences of gender and leadership in the workplace, little research exists on the experiences of gender and leadership in collegiate student organization settings. This study explores the experiences of college women holding executive leadership roles in highly visible on-campus registered student organizations. More specifically, the study seeks understanding of how social role expectancies interfaced with the women’s perceptions and experiences as college leaders.

Data were generated with undergraduate women leaders at a large, public research institution in the southeast during the fall of 2014 using qualitative methods including individual interviews, group interviews, and …

"A World To Suit Themselves": Student-Constructed Narratives And The Hidden History Of College Life, David M. Brown

Theses and Dissertations--Educational Policy Studies and Evaluation

An individual’s years in college are a time of trial and transformation. This dissertation examined college students’ self-created accounts of their time in college in order to identify students’ significant meaning-making activities during those years. Four primary areas of student life were investigated: the rules that students were expected to adhere to, the ways in which students and their class cohorts antagonized one another, hazing, and class competitions.

A comparative historical approach was used to analyze student-created accounts of college life in the years 1871-1941. Archival research at a geographically diverse sample of fourteen colleges and universities provided primary source …

Do Intercollegiate Athletics Subsidies Correlate With Educational Spending? An Empirical Study Of Public Division-I Colleges And Universities, Michael J. Rudolph

Theses and Dissertations--Educational Policy Studies and Evaluation

Intercollegiate athletics are a prominent feature of American higher education. They have been characterized as the “front door” to the university due to their unique ability to draw alumni and other supporters to campus. It is often supposed that the exposure from high-profile athletics produces a number of indirect benefits including greater institutional prestige. Such exposure comes at a cost, however, as most Division I athletics programs are not financially self-sufficient and receive institutional subsidies to balance their budgets. At present, it is unclear how institutions budget for athletics subsidies or whether the recent increases in subsidies have impacted the …

Understanding The Links Of Mindfulness, Relationship Satisfaction, And Sexual Satisfaction, Elizabeth N. Greer

Theses and Dissertations--Kinesiology and Health Promotion

The purpose of the present study was to examine the relationship between mindfulness and its link to sexual satisfaction and relationship satisfaction. Data were collected from 809 individuals (18.8% bisexual, 60.7% straight, 19.2% gay/lesbian) in romantic relationships. Participants completed an online survey to measure mindfulness (five facets: observing of experience, describing with words, acting with awareness, non judging of inner experience, non reactivity to inner experience), sexual satisfaction, and relationship satisfaction. Results from two multivariate analyses (predicting sexual satisfaction and relationship satisfaction) revealed that relationship satisfaction is significantly predicted by three of the five facets of mindfulness – acting with …

Design And Implementation Of An Orientation To Online Learning Mini Course With Undergraduate And Graduate Students With Varying Levels Of Online Course Experience, Heather E. Arrowsmith

Theses and Dissertations--Curriculum and Instruction

This case study examined the implementation of an orientation to online learning mini-course that introduced the learning management system (LMS) and the support services available for online learning students involved in undergraduate and graduate coursework. The purpose of the mini-course was to address issues with online course attrition related to students' technology preparation and skills described in the literature (Bozarth, Chapman, and LaMonica, 2004; Dupin-Bryant, 2004). The course design featured elements of Keller’s (1968) Personalized Systems of Instruction and Bloom’s Mastery Learning (Guskey, 1997), specifically, student demonstration of unit mastery, monitored by the instructor, and the use of correctives. Sixty-five …

Evaluating The Quality Of Online Courses Within The Kentucky Community And Technical College System (Kctcs), Kevin R. Dunn

Theses and Dissertations--Educational Leadership Studies

The purpose of this exploratory, multi-phased iterative study was to explore the extent to which Kentucky Community and Technical College (KCTCS) faculty utilize quality standards during the design and continuous improvement of their online courses. The study also explored how leadership supports quality online instruction. More specifically, this study sought (a) to determine to what degree KCTCS quality assurance rubrics aligned with national quality standards, (b) to what degree did faculty use quality standards to design, develop, and improve courses, (c) to what role did KCTCS leadership play in ensuring course quality, (d) to examine the quality of KCTCS online …

Designing And Testing A Comprehensive Fall Prevention Program With Mastery Outcomes: A Case Study, Emily C. Piercy

Theses and Dissertations--Curriculum and Instruction

Existing research demonstrates the usefulness of multi-factorial approaches to the challenge of patient fall prevention (Spoelstra, Given, & Given, 2012; Wexler, D’Amico, & Rolston, 2011; Hart-Hughes, Quigley, Tatjana, & Scott, 2004). Some of the current strategies include assessment of a patient’s risk for falling based on a valid assessment instrument, management of a patient’s environment to provide a safe space, medication monitoring and management to avoid use of medications that could lead to falls, patient teaching, post-incident evaluation, and more. Implementation of these strategies is dependent upon patient care employees including nurses, nursing assistants, and physical therapists.

Instructional systems design …

Enhancing The Culture Of Professional Learning In A High Performing School, Ann Elizabeth Ingram

Theses and Dissertations--Educational Leadership Studies

Essential transformations within a school culture that ensure organizational learning take place at the individual, group, and organizational levels. With the recent implementation of the Teacher Professional Growth and Effectiveness System, Kentucky teachers have experienced change in their organization, but may have not yet changed their professional practice. This recently revised framework for teacher evaluation requires teachers to reflect on their practice, create professional growth plans, seek opportunities for professional development, set goals for student academic growth, analyze student progress, and participate in observations conducted by a peer and their principal. The framework for teachers centers on the belief that …

The Effect Of Haptic Interaction And Learner Control On Student Performance In An Online Distance Education Course, Marty J. Park

Theses and Dissertations--Curriculum and Instruction

Today’s learners are taking advantage of a whole new world of multimedia and hypermedia experiences to gain understanding and construct knowledge. While at the same time, teachers and instructional designers are producing these experiences at rapid paces. Many angles of interactivity with digital content continue to be researched, as is the case with this study.

The purpose of this study is to determine whether there is a significant difference in the performance of distance education students who exercise learner control interactivity effectively through a traditional input device versus students who exercise learner control interactivity through haptic input methods. This study …

Factors That Affect African-American Students' Persistence In A Spanish Immersion Program, Dawn Cheneen Offutt

Theses and Dissertations--Curriculum and Instruction

The number of African-American students studying a foreign language has continually persisted to be low (National Center for Education Statistics, 2009), thus eliminating them from the benefits gained from the study of foreign language. This study explores the experiences of African-American students in a partial Spanish Immersion Program (SIP) in Central Kentucky from their parents’ perspectives. Data were collected via a survey and a focus group. Findings revealed that data gleaned from the focus group corroborated responses from the survey. Moreover, themes from content analysis of the qualitative data arose as to why parents chose to continue or discontinue their …