Digital Commons Network^™

The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Danielle K. Citron, Mary Anne Franks

Faculty Scholarship

A robust public debate is currently underway about the responsibility of online platforms. We have long called for this discussion, but only recently has it been seriously taken up by legislators and the public. The debate begins with a basic question: should platforms should be responsible for user-generated content? If so, under what circumstances? What exactly would such responsibility look like? Under consideration is Section 230 of the Communications Decency Act—a provision originally designed to encourage tech companies to clean up “offensive” online content. The public discourse around Section 230, however, is riddled with misconceptions. As an initial matter, many …

The Automated Administrative State: A Crisis Of Legitimacy, Danielle K. Citron, Ryan Calo

Faculty Scholarship

The legitimacy of the administrative state is premised on our faith in agency expertise. Despite their extra-constitutional structure, administrative agencies have been on firm footing for a long time in reverence to their critical role in governing a complex, evolving society. They are delegated enormous power because they respond expertly and nimbly to evolving conditions.

In recent decades, state and federal agencies have embraced a novel mode of operation: automation. Agencies rely more and more on software and algorithms in carrying out their delegated responsibilities. The automated administrative state, however, is demonstrably riddled with concerns. Legal challenges regarding the denial …

The Supreme Court Bar At The Bar Of Patents, Paul Gugliuzza

Faculty Scholarship

Over the past two decades, a few dozen lawyers have come to dominate practice before the U.S. Supreme Court. By many accounts, these elite lawyers—whose clients are often among the largest corporations in the world—have spurred the Court to hear more cases that businesses care about and to decide those cases in favor of their clients. The Supreme Court’s recent case law on antitrust, arbitration, punitive damages, class actions, and more provides copious examples.
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/="/">Though it is often overlooked in discussions of the emergent Supreme Court bar, patent law is another area in which the Court’s agenda has …

Implementation Of A Spine-Centered Care Pathway At A Regional Academic Spine Center., George M Ghobrial, Jefferson Wilson, Daniel Franco, Kristen Vogl, Alexander R Vaccaro, James S Harrop

Department of Neurosurgery Faculty Papers

Study Design: Retrospective case series.

Objective: To describe the early implementation of an inpatient spinal surgery unit and measure the impact on cost and length of stay (LOS).

Methods: A retrospective case review was performed for frequent spine-related diagnosis-related groups (DRGs) cared for by a dedicated multidisciplinary team: combined anterior/posterior (AP) spinal fusion with major complicating or comorbid condition (MCC), combined (AP) spinal fusion with CC, combined (AP) spinal fusion without complicating or comorbid (CC)/MCC, cervical spinal fusion with MCC, cervical spinal fusion with CC, and cervical spinal fusion without CC/MCC. Four time periods were compared: historical control, initial pathway …

Proper Conjugation Of Bodies: Chastity, Age, And Care Work In Sri Lankan Migrants’ Families, Michele Ruth Gamburd

Anthropology Faculty Publications and Presentations

Physical and symbolic aspects of bodies limit the migration trajectories of female domestic workers from a Buddhist community in coastal Sri Lanka. Government regulations and family decisions regarding women’s overseas labour draw upon and in turn influence discourses about gender, sexuality, age, health, and class. This ethnographic analysis illustrates that local norms task women with nurturing the brains of babies, preserving the chastity of teenage daughters, caring for frail elders, and preventing their working-class husbands from overindulging in liquor or having sex with other women. Successful social reproduction depends on the proper conjunctions of bodies in the extended family. Corporeal …

“Their Markers As They Go”: Modified Trees As Waypoints In The Dena’Ina Cultural Landscape, Alaska, Douglas Deur, Jamie Hebert

Anthropology Faculty Publications and Presentations

The Inland Dena’ina, an Athabaskan people of south-central Alaska, produce and value Culturally Modified Trees (CMTs) in myriad ways. Ethnographic interviews and field visits conducted with Inland Dena’ina residents of the village of Nondalton, Alaska, reveal the centrality of CMTs in the creation and valuation of an Indigenous cultural landscape. CMTs serve as waypoints along trails, as Dena’ina people travel across vast distances to hunt wide-ranging caribou herds and fish salmon ascending rivers from Bristol Bay. CMTs also provide bark and sap used in Dena’ina material culture and medicines, leaving signature marks upon the spruce, birch, and other trees found …

Between “Us” And “Them”: Political Subjectivities In The Shadows Of The 2018 Brazilian Election, Charles H. Klein, Milena Mateuzi Carmo, Alessandra Tavares

Anthropology Faculty Publications and Presentations

This article examines political subjectivities, community engagements and voting practices among residents of São Paulo’s Zona Sul peripheries in the three years preceding Brazil’s 2018 presidential election. Building on a 398-person household survey, 46 in-depth interviews, and extensive participation observation over the course of a fouryear study, we argue that although most residents of our study communities across the political spectrum are disenchanted with institutional politics, many maintain political engagement through their everyday lives, including activism centered on intersectional identities and state-sponsored violence/genocide. Our discussion combines statistical analysis and auto-ethnographic inflected vignettes and is in dialogue with two common themes …

Walking Dena’Ina: A Cultural Landscape Report For The Telaquana Trail, Douglas Deur, Jamie Hebert, John Branson, Tricia Brown

Anthropology Faculty Publications and Presentations

The Telaquana Trail is an ancient pathway ascending from the shores of Qizhjeh Vena, Lake Clark, through tundra and timbered valleys, into a high-elevation expanse of rolling tundra and smaller interior lakes nearly 50 miles north of Lake Clark. The pathway is an ancestral corridor used by Native peoples since the beginning of remembered time. Though the archaeological record of the trail is still coming into focus, it lends us important clues about the trail and how it was used. For example, archaeological evidence at places like Twin Lakes and Snipe Lake suggests that ancestral Native communities occupied and traveled …

Environmental Law, Jocelyn Stacey

All Faculty Publications

In commemoration of their 50th anniversary, this chapter examines the Federal Courts’ role in shaping environmental law in Canada. The chapter uses well-known environmental principles – the precautionary principle, sustainable development and access to (environmental) justice – as focal points for examining environmental law as well as the legal culture of the Federal Courts. The chapter identifies four distinct interpretive roles that the Federal Courts have ascribed to the precautionary principle and it argues that three of these roles have the potential to generate more coherent and transparent doctrine that upholds the rule of law in the environmental context. In …

Responsible Scholarship In A Crisis: A Plea For Fairness In Academic Discourse On The Carbon Pricing References, Stepan Wood, Meinhard Doelle, Dayna Nadine Scott

All Faculty Publications

The Canadian federal government’s carbon pricing legislation has generated substantial public and academic debate. In this paper we argue that academic debate should adhere to standards for responsible conduct of research during crises such as the current climate emergency, and avoid the nastiness and distortion that infect populist political rhetoric and social media. We discuss the norms of responsible scholarship that apply to Canadian legal academics, with a focus on standards that demand scrupulous fairness to other scholars and to the materials one is analyzing. We argue that a recent article by Professor Dwight Newman on the Saskatchewan and Ontario …

The Meaning Of Life: A Study Of The Use Of Parole Ineligibility For Murder Sentencing, Isabel Grant, Crystal Choi, Debra Parkes

All Faculty Publications

A number of legal developments in recent years suggest that murder sentencing may be becoming increasingly punitive. This study examines two aspects of setting parole ineligibility. First, using cases from three two-year time periods spanning the past three decades, the authors explore whether judicial calculations of parole ineligibility for second degree murder have changed over time. Second, the authors examine changes enacted in 2011 to allow parole ineligibility to be imposed consecutively for those who commit more than one murder. The study finds a national trend towards reduced reliance on the minimum 10-year period of parole ineligibility, a slight increase …

Cash On The Table? Imperfect Take-Up Of Tax Incentives And Firm Investment Behavior, Wei Cui, Jeffrey Hicks, Jing Xing

All Faculty Publications

We investigate whether tax incentives are effective in stimulating private investment in less developed countries, by exploiting the introduction of accelerated depreciation for fixed assets investment in China as a natural experiment. In contrast to the large positive impact of similar tax incentives in the U.S. and U.K. found in recent studies, accelerated depreciation appeared ineffective in stimulating Chinese firms’ investment. Using confidential corporate tax returns from a large province, we find that firms fail to claim the tax benefits on over 80 percent of eligible investments. Firms’ take-up of the tax incentive is significantly influenced by their taxable positions …

How Well-Targeted Are Payroll Tax Cuts As A Response To Covid-19? Evidence From China, Wei Cui, Jeffrey Hicks, Max Norton

All Faculty Publications

Numerous countries cut payroll taxes in response to economic downturns caused by COVID-19. This includes China, which completely exempted most firms from making social insurance (SI) contributions, resulting in an average tax cut of 21 percentage points on formal labor costs and approximately 20% of total tax remittances made by firms. We use novel data on 900,000 firms in one Chinese province to document new facts about the structure of SI in China and evaluate payroll tax cuts as a COVID-19 relief measure. We calculate that labor informality causes 54% of tax-registered firms---representing 24% of aggregate economic activity---to receive no …

Disparities In Health Behavior Risks Among Employed And Disparities In Health Behavior Risks Among Employed And Unemployed Black And White Older Adults, M. Courtney Hughes, Tamara A. Baker, Hansol Kim

Faculty Articles, Papers, and Other Scholarship

Objective: Examine health behavior risk rates and disparities in health behavior risks related to race and employment among older adults.

Methods: A cross-sectional analysis of a representative sample of noninstitutionalized adults aged 65 and older (150,669 in 2015 and 168,011 in 2016) from the Behavioral Risk Factor Surveillance System. Self-reported health behavior risks were measured as well as multiple logistic regression analyses assessing the independent effects of demographic variables on health behavior risks.

Results: Employed older adults have greater health behavior risks than unemployed older adults. Black employed older adults have greater health behavior risks than Black unemployed older adults …

Teaching During The Pandemic? An Opportunity To Enhance Curriculum, M. Courtney Hughes, Beverly W. Henry, Michael R. Kushnick

Faculty Articles, Papers, and Other Scholarship

The rapid transition of courses to an emergency remote teaching and learning format at the onset of the COVID-19 pandemic in early 2020 created challenges across the university landscape for faculty and students and, inevitably, affects the future of higher education. We drew upon education theory, evidence-based teaching practices, and insights from a rapid-response survey of academics in the fields of public health, health promotion, and health communication about their perspectives on the impact of COVID-19. This article aims to help educators explore potential strategies to incorporate the lessons and reality of the pandemic into their curriculum. Shifting expectations and …

New Teacher Induction: Improving Teacher Self-Efficacy, William Jesse Bacon

Theses and Dissertations--Educational Leadership Studies

Induction programs are comprehensive initiations or introductions to a position that provides beginning teachers with the necessary tools for starting their teaching careers, as well as specific guidance aimed at helping them meet performance standards. Induction programs may include mentoring, assistance in planning, professional development, and evaluation. Other terms used for induction include support, orientation, training, internship, assistance or assessment programs, retention programs, beginning teacher program, transitional program for existing teacher, cohort program, phase-in, professional development, and workshops. School districts across the country have turned to effective induction programs in response to rising teacher attrition rates. Comprehensive induction programs that …

Responding To Students Experiencing Emotional Distress: An Action Research Study Of Professional Learning Experiences For Faculty And Staff, Christopher Taylor Lakes

Theses and Dissertations--Educational Leadership Studies

Students entering college are increasingly presenting with complex mental health conditions that negatively affect their college experiences. This mixed methods action research study was designed to assess the current level of faculty and staff member’s abilities with respect to, comfort with, and role in identifying and responding to students who exhibit signs of emotional distress (e.g., anxiety, depression, suicidal ideation). Specifically, this study was designed to evaluate faculty and staff understanding of skills, techniques, and resources that can support them in this work, identify an appropriate professional learning experience (i.e., intervention) to increase the level of comfort in this area, …

An Exploratory Case Study: Using Web-Based Micro Videos As A Parent Involvement Tool To Support Families With Preschool Age Children In Early Numeracy Development, Jamie Thompson

Theses and Dissertations--Curriculum and Instruction

The United States Federal Government recognized the importance of parent involvement in the No Child Left Behind Act (NCLB) of 2001. Parent involvement has been associated with lower grade retention rates (student repeating a grade level), higher graduation rates, and higher student achievement rates. Reported obstacles to parent involvement include lack of child development knowledge and time constraints. In early childhood, a major focus has been placed on early literacy skills. However, studies that involve early numeracy skills especially in the home environment are lacking. Therefore, this study attempted to fill that void. An instrumental exploratory case study research design …

Is Athlete Activism A Predictor Of Resilience?, Travis Robert Scheadler

Theses and Dissertations--Kinesiology and Health Promotion

Several athletes have taken personal responsibility to engage in activism, often with hopes of bringing social and political change. While scholars have identified several barriers preventing athletes from engaging in activism (e.g., public criticism, status and job loss, withdrawal of funding, anticipated distress; Cunningham & Regan, 2012), other scholars have identified personal benefits from engaging in activism (e.g., improved confidence, self-concept, belief in change, agency, life meaning; Klar & Kasser, 2009; Rabkin et al., 2019). Distress from the barriers, however, may be prerequisites to enhancing resilience, a theoretical construct that may help explain the benefits of activism. Thus, by applying …

Identifying And Predicting Intention To Quit Using Juul Among Emerging Adults, Jakob W. Hester

Theses and Dissertations--Kinesiology and Health Promotion

Objectives: (1) Describe intention to quit, (2) identify relationships between sociodemographic factors or social influences and intention to quit, (3) explore if Theory of Planned Behavior-informed constructs can predict intention to quit as well as identify which construct best predicts, and (4) discover if descriptive norms strengthen a predictive model of intention to quit among emerging adults currently using Juul. Participants: Full-time, first-year students currently using Juul, an e-cigarette product, at a large university in the southeastern United States (N = 182). Methods: A November 2018 online survey assessed sociodemographic characteristics, social influences, patterns of use, quit intention, and attitudes, …

A Systematic Review Of Mindfulness Interventions’ Impact On Athlete Emotional Distress & Wellbeing, Trevor Nathan Tierney

Theses and Dissertations--Kinesiology and Health Promotion

Mindfulness-based interventions’ (MBIs) effectiveness for improving wellbeing and reducing emotional distress is well-documented in both clinical and non-clinical sections of the general population (McAlarnen & Longshore, 2017). Although mindfulness has been shown to be effective with these populations, less is known about the specific effects for athletes. The effects of MBI’s for athletes may be different given that the intention for MBIs in the sport context is typically to improve performance, where in most other contexts it is not (Gardner & Moore, 2012). Furthermore, athletes are a distinct population who possess unique factors on which their wellbeing and mental health …

Health Priorities, Current Lifestyle Behaviors, And Barriers To A Healthy Lifestyle Among Emergency Department Nurses, Shannon C. White

Theses and Dissertations--Kinesiology and Health Promotion

Background: Emergency nurses are tasked with managing the hectic, unpredictable, and constantly changing environment of an ED. In addition, emergency nurses have been shown to have high levels of stress, irregular meal schedules, rotating shift work, long hours, and a lack of physical activity. Furthermore, research has suggested that nurses are at an increased risk for non-communicable diseases, such as diabetes, hypertension, and coronary heart disease (Phiri, et al., 2014), in addition to a high prevalence of obesity (Kyle, et al., 2016).

Methodology: In this study, 23 emergency nurses completed a 43-item survey regarding current behaviors and constructs of …

Negotiating My Chineseness In College: The Complexities And Uniqueness Of Being Chinese American, Yan Wang

Theses and Dissertations--Educational Policy Studies and Evaluation

Chinese Americans are historically perceived as “perpetual foreigners” in the American political, cultural and racial discourses. People of Chinese descent have long been conceived as sharing a same ancestor as those in China. Situated in the global context of China’s rise in the world, culturally, politically and economically, this research looks at how Chinese American college students negotiate their ethnic identity in the Midwest of the United States. The current Coronavirus outbreak brought new waves of anti-Chinese/Asian sentiment into American political and cultural life. This rhetoric makes the discussion of Chinese American college students’ ethnicity construction crucial.

Using qualitative research …

An Examination Of Sexual Fantasy And Infidelity, Katherine Rose Haus

Theses and Dissertations--Kinesiology and Health Promotion

Infidelity is a common behavior, influencing many people within romantic relationships (Mark & Haus, 2019). Many factors have been linked to increased infidelity engagement, but no studies exist documenting the role of sexual fantasy regarding infidelity. One such predictor of infidelity is need fulfillment, or the extent to which one’s needs are fulfilled in their relationship (Le & Agnew, 2001). Sexual fantasy is a highly common, but largely understudied sexual behavior (Lehmiller, 2018). Therefore, the aims of the current study were: 1) to document the role that sexual fantasy and need fulfillment play in infidelity, 2) to determine any potential …

“Checking Off Boxes”: Teachers Describe Civic Education In World History: A Mixed Methods Study, Carly Claire Muetterties

Theses and Dissertations--Education Sciences

Scholars have long identified fostering democratic citizenship as a primary purpose of public schooling in the United States, meaning schools should intentionally prepare students with the knowledge and skills needed for active, informed democratic civic life. Furthermore, global interconnectedness has reshaped needed knowledge to participate in civic life. History is often identified as subject content well suited to address civic education and prepare students for citizenship. Though scholars point to a connection between world history and civic education, there is little empirical research studying how civic education informs teachers’ curriculum and instruction in world history. The purpose of this explanatory …

The Development Of A New Instrument Comparing Teacher And Principal Perceptions Of School Technology Leadership, Garrick Grace

Theses and Dissertations--Education Sciences

Use of technology in education is rapidly growing in terms of dollars spent annually. With such enormous expenditures for schools, stewardship of human and capital resources via leadership feels vital. School technology leadership is a specialty area of educational leadership with a focus on how leaders address technology issues within their schools and guide others through successful implementation. As the body of research continues to grow, measurement instruments can assist researchers and practitioners in understanding the implementation and adoption of new technologies, and their relationship to leadership.

The purpose of this study was to analyze the current literature on school …

The Sound Of Leadership: The Self-Leadership Strategies Of Local Activist Musicians, John Hill

Theses and Dissertations--Education Sciences

Within this dissertation I focused on the examination of local activist musicians’ self-leadership strategies and the method in which they lead social change movements. Additionally, I sought to increase the understanding of charismatic leadership, self-leadership strategies of local activist musicians, and the method in which local activist musicians lead social movements. To my knowledge, no published studies have explored local activist musicians’ self-leadership strategies. Therefore, this study is significant because I (a) explored a term which lacks a unifying definition, charismatic leadership, (b) provided theoretical foundations for activist musicians and social change, and (c) explored the self-leadership strategies of …

Stretching The Dollar: Exploring The Lived Experiences, Multiple Identities, And Class Politics Of Poor And Working-Class Women At The University Of Kentucky, Rachael Deel

Theses and Dissertations--Education Sciences

In the climate of prioritizing retention and pressure to move an increasingly diverse undergraduate population towards degree, it is critical that educational research consider the multiple, overlapping identities of students and how that influences their experiences on campus. The number of low-income students entering four-year institutions is growing each year, including at the University of Kentucky. This study aims to extend our understanding of social class beyond the material and focus on the affective dimensions of class including language, comportment, and leisure activities in an effort to better understand how poor and working-class women contend with the constraints they encounter …

Disassemble/Analyze/Assemble: How A Hands-On Engineering Project Affects High School Girls' Science/Engineering Self-Efficacy, Interest And Career Considerations, Jennifer Corbett Ferguson

Theses and Dissertations--Education Sciences

Engineering education as part of the K-12 curriculum can be an effective instructional tool and its benefits include improved science and mathematical achievement as well as an increased interest and understanding of the engineering field, especially for female students. However, there is a serious lack of research-based engineering curriculum being used at the middle and high school levels and lessons most often rely on building or construction competitions. Over the past decade or two, many well-known colleges have implemented a reverse engineering instructional unit known as Disassemble/Analyze/Assemble projects within their introductory engineering courses. These units have been shown to improve …

Sexual Health Education In Kentucky's Public High Schools, Marjorie Stanek

Theses and Dissertations--Education Sciences

This dissertation seeks to enhance the understanding of sexual health education efforts, as they currently exist in Kentucky’s public high schools. It will include an examination of the factors that influence the provision of sexual health education in Kentucky schools, including relevant legislation, directives from the Kentucky Department of Education, and the presence of site-based councils within the Commonwealth. Additionally, the suggested curriculum elements from the Kentucky Department of Education’s Academic Standards, which were implemented during the 2019-2020 school year, will be compared to those established within the National Sexuality Education Standards (NSES), which serve as a gold standard …