Digital Commons Network^™

The Right To A Jury And The Rise Of Guilty Pleas Across Common Law Countries, Carissa Byrne Hessick

Faculty Publications

Juries have long been considered a key common law institution, yet their use has become quite uncommon in common law systems over time. Rather than trials by juries, most criminal cases are instead resolved by way of guilty pleas. The prevalence of guilty pleas is not merely a matter of defendants’ independent choices to accept responsibility and give up the right to a trial. Common law countries have adopted various legal structures over the past half century that incentivize guilty pleas and discourage trials.

This Essay will document the decline of jury trials and the rise of guilty pleas in …

More Information Or More Frequent Information? A Proposal For Quarterly 1099s, Kathleen Delaney Thomas

Faculty Publications

Third-party information reporting enhances tax compliance. When substantial information reporting is present, the compliance rate reaches 94 percent, compared to just 45 percent when there is little or no information reporting. Accordingly, policymakers have expanded information reporting requirements over the past several decades to enhance revenue collection. More recently, Congress has expanded information reporting requirements for third-party settlement organizations (“TPSOs”) by significantly lowering the reporting threshold from $20,000 to $600 as well as eliminating the requirement for 200 or more transactions. While such a shift will subject more taxpayers to information reporting, it will also create additional burden on the …

Equality And Justice: An Essay In Memory Of Dan Markel, Carissa Byrne Hessick

Faculty Publications

One of the traits that I admired most about Dan Markel was that he held legal scholarship to a very high standard. Whether it was his own work or the work of others, he believed that our work could only improve if we insisted on giving each other critical feedback.

It has been a decade since Dan’s tragic death. And while a Festschrift is ordinarily seen as an opportunity to praise the work of one’s colleagues, I want to celebrate Dan Markel in the way that I imagine he would respect most—by providing critical feedback about his work. In particular, …

Sealed Justice: Federal Courts' Inconsistent Record-Sealing Rules And Their Impact On Judicial Transparency, David S. Ardia

Faculty Publications

Public access to court records is a cornerstone of democratic governance, enabling public oversight of the judiciary and fostering confidence in the rule of law. Despite a strong presumption in favor of openness under both the First Amendment and common law, the sealing of federal court records has become widespread, often with minimal judicial scrutiny. Re-cent investigations have revealed that excessive court secrecy shields government and corporate misconduct, conceals vital public-safety information, and erodes public confidence in the courts.

This Article presents the first comprehensive analysis of the local rules governing sealing in all 94 federal districts, reviewing more than …

Administrability Over Testamentary Freedom Of Disposition, Kevin Bennardo

Faculty Publications

This Article challenges the widely accepted view that testamentary freedom is the dominant principle of American inheritance law. It argues that administrability—the need for a predictable, efficient probate system—frequently overrides freedom of disposition. Examining executor selection, procedural constraints, contest doctrines, settlement mechanisms, and the pervasive role of judicial and statutory oversight, the Article shows that testators have far less control over the disposition of their estates than traditional rhetoric suggests. Because process shapes outcomes, limits on testators’ ability to control the probate process constitute significant limits on testamentary freedom. The Article also demonstrates how doctrines such as intestacy and settlement …

Death And Debts, Kevin Bennardo

Faculty Publications

This Article analyzes how inheritance law treats debts owed to and by a decedent, focusing on the Uniform Probate Code’s treatment of unpaid purchase-price balances associated with specifically devised property. While UPC §2‑606(a)(1) automatically gives the outstanding balance to the specific devisee, the Article argues that this rule is inconsistent with modern intent‑based ademption doctrine and with the Code’s treatment of debts owed by the estate. It contends that only outstanding balances secured by the devised asset reflect a meaningful connection to the testator’s likely intent. Unsecured balances, by contrast, should not automatically avoid ademption. The Article proposes amending the …

A Patent System For Temple Grandin, Andrew Chin

Faculty Publications

This article explores the intersection of neurodiversity and innovation through the lens of Temple Grandin’s contributions to livestock handling systems and her philosophical alignment with the U.S. patent system. Drawing on cognitive research by Simon Baron-Cohen, archaeological insights from Penny Spikins, and personal reflections, I argue that autistic cognitive styles—characterized by heightened “folk physics” aptitudes and visual thinking—have historically driven technological progress. Grandin’s patented inventions, motivated by sensory-based empathy for animals, exemplify how neurodivergent inventors seek to embed their conceptions of ethical utility into the nation’s technological infrastructure. The article critiques modern patent litigation trends, advocating instead for a system …

A Review Of Social, Behavioral, And Ethical Considerations For Smart Life Engineering, John Murray

Faculty Research, Scholarly, and Creative Activity

Smart Life (SL) systems do not exist in a technological vacuum; they are embedded in a social ecosystem and have rich and complex interactions with their surroundings. It is important to recognize that their design and implementation will have an impact on the individuals and communities around them. This chapter examines the social, behavioral, and ethical issues to be considered in a holistic systems approach to SL engineering, to help practitioners and stakeholders to design the strategies needed for successful SL deployments. It addresses these topics from several disciplinary viewpoints and provides a comprehensive set of references for those requiring …

Japanese Incarceration Memorial As Trauma Portfolio Play, A. J. Faas, Alyssa Singh, Cibella Gamma

Faculty Research, Scholarly, and Creative Activity

In collaboration with the Japanese American Museum of San José, California, we examined their exhibit of WWII-era incarceration of Japanese Americans to understand how the presentation of different positionalities (e.g., Japanese/American, loyal/disloyal) engage with and contest the terms of incarceration and internal politics within the Japanese American community. In our analysis, we focus on the reproduction and contestation of particular narratives of power and identity and treat the memorial exhibit as a variety of community-based “trauma portfolio” that unsettles state bureaucratic constructions of suffering and (in)justice. We conclude by identifying transformative possibilities for engaging with the different positionalities of incarcerated …

Ai-Generated Text Detection And Source Identification, Anjana Priyatham Tatavarthi, Faranak Abri, Nada Attar

Faculty Research, Scholarly, and Creative Activity

The use of advanced machine learning techniques to detect AI-generated text is a very practical application. The ability to distinguish human-written content from machine-generated text while identifying the source generative model helps address growing concerns about authenticity and accountability in digital communication. The differentiation of human-generated and AI-generated text is highly relevant to several applications, from news media to academic integrity, and is key to ensuring transparency and trust in content-driven environments. However, existing models are often insufficient to accurately detect AI-generated text and determine the specific AI source due to the complex nature of machine-generated content. To address this, …

Validation Of A Self-Fitting Over-The-Counter Hearing Aid Intervention Compared With A Clinician-Fitted Hearing Aid Intervention: A Within-Subjects Crossover Design Using The Same Device, Lucas S. Baltzell, Kosta Kokkinakis, Amy Li, Anusha Yellamsetty, Katherine Teece, Peggy B. Nelson

Faculty Research, Scholarly, and Creative Activity

In October of 2022, the US Food and Drug Administration finalized regulations establishing the category of self-fitting over-the-counter (OTC) hearing aids, intended to reduce barriers to hearing aid adoption for individuals with self-perceived mild to moderate hearing loss. Since then a number of self-fitting OTC hearing aids have entered the market, and a small number of published studies have demonstrated the effectiveness of a self-fitted OTC intervention against a traditional clinician-fitted intervention. Given the variety of self-fitting approaches available, and the small number of studies demonstrating effectiveness, the goal of the present study was to evaluate the effectiveness of a …

The Relationship Between Food Insecurity And Low Birthweight Across Us Counties And Related Racial Disparities, Marissa A. Beldon, Shondra L. Clay, M. Courtney Hughes, Kathryn Mazurek

Faculty Articles, Papers, and Other Scholarship

Objective

To explore the relationship between low birthweight (LBW) and food insecurity across US counties and determine whether this relationship differs between Black and White women.

Methods

LBW data was derived from the 2013–2019 National Center for Health Statistics and National Vital Statistics System Birth Files. Food insecurity data was derived from Feeding America’s 2013–2019 Map the Meal Gap project. Analyses included descriptive statistics and regression models.

Results

Data were available for 3037 US counties. Food insecurity significantly predicted county-level LBW (t(3035) = 44.48, P <  .001) and explained 39.46% of the variance in LBW (F(13,035) = 1978.03, P <  .001, R = .63). Food insecurity predicted LBW for …

Why Do Some Ultra Diffuse Galaxies Have Rich Globular Cluster Systems?, Duncan A. Forbes, Maria Luisa Buzzo, Anna Ferre-Mateu, Aaron J. Romanowsky, Jonah Gannon, Jean P. Brodie, Michelle L.M. Collins

Faculty Research, Scholarly, and Creative Activity

Some ultra diffuse galaxies (UDGs) reveal many more globular clusters (GCs) than classical dwarf galaxies of the same stellar mass. These UDGs, with a mass in their GC system () approaching 10 per cent of their host galaxy stellar mass (), are also inferred to have high halo mass to stellar mass ratios (). They have been dubbed Failed Galaxies. It is unknown what role high GC formation efficiencies and/or low destruction rates play in determining the high ratios of some UDGs. Here we present a simple model, which is informed by recent JWST observations of lensed galaxies and by …

International School Leaders’ Lived Experiences Of Crises And Perceptions Of Trust, Shary L. Marshall

Theses and Dissertations--Educational Leadership Studies

International school leaders worldwide have navigated their schools through a variety of crises. Their unique lived experiences offer insights into the role of trust in leadership, particularly during times of crisis.

This qualitative study employed a phenomenological approach to explore the lived experiences of 12 experienced international school leaders. Data was collected through semi-structured interviews. Using the theoretical lenses of authentic leadership, sensemaking, loose coupling, and crisis leadership, this study illuminates the central role of trust in leading schools through crises.

Three significant themes emerged from the analysis. First, trust is foundational to leadership and is built through intentional, transparent …

Increasing Daily Living Independence Using Video Modeling In Middle School Students With Intellectual Disability, Pamela J. Sullivan

Theses and Dissertations--Educational Leadership Studies

This study used a multiple probe across participants design to (a) evaluate the use of a mobile device (i.e., iPad) for video modeling to increase functional daily living skills and (b) evaluate the use of system of least prompts to teach students to self-instruct. In baseline, the classroom teacher asked participants to start their tasks and collected performance data. In the technology training condition, the teacher implemented a system of least prompts procedure to teach participants to initiate use of the iPad, navigate to a training video model, pause/play videos of training tasks, and perform the modeled training tasks. After …

A Qualitative Study: Supports Enabled By K-8 School Leaders To Bolster The Success Of Teachers In Their Mathematics Departments, Elizabeth A. Mercurio

Theses and Dissertations--Educational Leadership Studies

Despite decades of national policy efforts and reforms, mathematics achievement in public education in the United States, particularly in urban areas, remains persistently low, underscoring the critical need for effective leadership and targeted professional development to maximize student learning. There is limited research on the leadership approaches of building-level school leaders who have effectively strengthened mathematics departments and enhanced teacher capacity to improve student achievement. This qualitative study employed semi-structured interviews with building-level school leaders who have demonstrated success in fostering highly effective mathematics instruction to examine the leadership styles of effective urban school leaders and their use of professional …

Innovative Biomechanical And Engineering-Based Assessments Of Hip Mechanics In Individuals With Hip-Related Pain, Holly M. Stanze

Theses and Dissertations--Kinesiology and Health Promotion

Individuals with hip-related pain exhibit altered movement patterns, and worse fear of movement (kinesiophobia), compared to asymptomatic controls. Exacerbation of hip pain during movement and the role of hip symptom duration may help further our understanding of specific movement patterns that are associated with hip-related pain. A better understanding of the potential connections between hip-related symptom duration, kinesiophobia, hip pain during movement, and lower limb mechanics in those with hip-related pain may allow for more efficient referrals to clinicians and lead to more effective rehabilitation. In addition, the impact of hip-related pain on intra-articular hip loading patterns is not well …

Rasch Model Utilization Towards Developing An Instrument For Measuring Creative Drive, David W. Stenulson

Theses and Dissertations--Educational Policy Studies and Evaluation

Creativity is commonly assessed across undergraduate programs as a graduation requirement. However, a considerable amount of literature suggests that creativity is a complex, multidimensional construct, and more efficient ways of assessing it should be explored with multiple measures representing different creative aspects. This exploratory pilot study sought to take steps in developing a supplemental instrument designed to measure creative drive, a theoretical construct with predictive potential for future creative output. In order to gain a greater understanding of the nature of creative drive and gauge accuracy of initial thinking in terms of item writing, the Creative Drive Assessment (CDA), a …

Exploring College Students’ Motivation For Physical Activity: Applications Of Self-Determination Theory And The Role Of Health And Wellness Education, Anne Russell Blevins

Theses and Dissertations--Kinesiology and Health Promotion

This dissertation includes three pieces of writing that aim to show the importance of physical activity for all ages but specifically college-aged students. The first piece of writing (Chapter 2) includes a teaching tip written for the Journal of Physical Education, Recreation, and Dance. Research has shown that dance was a subject of the past and many teachers did not feel comfortable teaching it. This practical piece was written to help show K-12 physical education teachers effective ways to involve students in physical activity specifically through teaching dance, mainly through using the “Teaching Dance for Understanding” model.

The second section …

Proximity And Density Of Tobacco Retail Locations To Kentucky Schools And The Relationship To Youth Perceptions Of Harm And Susceptibility To E-Cigarette Use, Hannah Cardona

Theses and Dissertations--Kinesiology and Health Promotion

Purpose: To explore the potential relationship between tobacco retailer proximity/density around Kentucky elementary, middle, and high schools, and students’ perceptions, perceived norms, susceptibility to, and use of e-cigarettes. Design: A mixed-methods analysis of youth’s self-reported survey results and geographical data. Setting: 106 Kentucky elementary, middle, and high schools which participated in #iCANendthetrend’s tobacco education program between September 2023 and May 2024. Subjects: Convenience sample of students from Ky schools (N = 7,823) Measures: Items assessing e-cigarette use, susceptibility, perceptions, and perceived norms. Analysis: ANOVA tests used to compare responses of elementary, middle, and high school students. Chi-squared tests were used …

Scholars And Schisms: A History Of Antebellum Conflicts Over Slavery At Central Kentucky Liberal Arts Colleges, Wyatt M. Driskell

Theses and Dissertations--Educational Policy Studies and Evaluation

This dissertation explores how debates about slavery impacted constituents at four early liberal arts colleges (Berea, Centre, Georgetown, and Transylvania) in antebellum central Kentucky. In addition to focusing on how these colleges participated in, responded to, and helped shape regional debates over slavery, this study also explores how college leaders’ consideration of slavery was intertwined with religion, politics, and the financial pressures inherent in operating a 19th-century institution of higher education. From archival research, I argue that these constituents were not passive participants in this process. In addition to considering slavery from religious, moral, or political perspectives, leaders advanced positions …

Restorative Justice In Early Childhood Education: A Professional Development Model And Observational Study Of Classroom Implementation, Sarah Cummins

Theses and Dissertations--Education Sciences

This three-article dissertation explores the use of restorative justice (RJ) in educational settings, with a specific focus on early childhood programs. Restorative justice is a conflict resolution approach that prioritizes repairing harm, restoring trust, and empowering individuals to self-advocate rather than relying solely on punitive measures. While research has demonstrated the success of RJ in middle and high schools, and to some extent in elementary schools, limited attention has been given to its application in early childhood education. This dissertation examines the potential benefits of RJ in early childhood classrooms, including fostering social-emotional learning, student-led conflict resolution, and a positive …

Implementation Of Project-Based Instruction In Statistics Higher Education Courses, Jennifer A. Daddysman

Theses and Dissertations--Education Sciences

Project-based instruction is an instructional methodology based in constructivism that aligns with recommendations from the American Statistical Association for teaching statistics, including incorporating real-world data and examples, collaboration, and scaffolding (GAISE College Report ASA Revision Committee, 2016; GAISE Steering Committee, 2024; Krajcik & Blumenfeld, 2005; Tishkovskaya & Lancaster, 2012). This study examined current use of project-based instruction in United States higher education courses in statistics and the supports for and challenges to implementing this type of instruction.

This study used qualitative research methodology in the integrative pedagogy and diffusion of innovation frameworks. Voluntary response surveys were distributed via two sections …

Examining How Well High School Geometry Students Learn Concepts Of Three-Dimensional Figures Using A Project-Based Instructional Strategy, Lenora A. Mcgrath

Theses and Dissertations--Education Sciences

This paper examines how well the introduction of an integrated approach, namely, Project-based Instruction (PBI), which uses real-world contexts to investigate problems, leads to improved academic performance and student motivation in a 9^th Grade Geometry class studying three-dimensional figures and their properties. The experimental group worked through the researcher-designed unit that included mini-lessons, six benchmark lessons, and the design and creation of a final product to address the driving question of the unit. The comparison group experienced a normative teaching strategy designed by the classroom teacher. An explanatory sequential mixed methods design was chosen for the proposed study to …

Factors Impacting The Educational Environment Of A Phd Student After Experiencing Intimate Partner Abuse: An Autoethnography, Cadie B. Hall

Theses and Dissertations--Education Sciences

This autoethnography examines the impact of intimate partner violence on the educational outcomes of a PhD student. Through a qualitative study of personal narratives and media and document analysis, this research explores the challenges faced by a survivor of assault during an online graduate program, including physical and mental well-being, academic performance, the impact of social support structures, and responses from the University of Kentucky. By integrating lived experiences with existing literature, the study identifies gaps in university policies and offers recommendations for creating more supportive educational environments for online graduate students who have endured intimate partner violence. This work …

A Comprehensive Evaluation Of Thigh Mineral-Free Lean Mass Measures Using Dual Energy X-Ray Absorptiometry (Dxa) In Young Children, Trey R. Naylor, Mariana V. Jacobs, Michael A. Samaan, Laura C. Murphy, Douglas J. Schneider, Margaret O. Murphy, Hong Huang, John A. Bauer, Jody L. Clasey

Kinesiology and Health Promotion Faculty Publications

This study aimed to (1) demonstrate the intra- and interrater reliability of quadriceps (QUADS) and hamstring (HAMS) mineral-free lean (MFL) mass measures using DXA scanning, (2) determine the association of total thigh MFL mass measures with MFL mass measures of the hamstrings and quadriceps combined and (3) analyze the association between total thigh MFL mass and total body MFL mass measures. A total of 80 young children (aged 5 to 11 yrs) participated and unique regions of interest were created using custom analysis software with manual tracing of the QUADS, HAMS, and total thigh MFL mass measures. Repeated-measure analysis of …

Investigating The Psychometric Properties Of A Set Of Local Stem Literacy Instruments In Rasch Model, Lijun Shen

Theses and Dissertations--Educational Policy Studies and Evaluation

This study investigates the psychometric features of the See Blue STEM literacy inventories (SBSTEMs, including the elementary version SB-E and the middle school version SB-M) to determine their validity in measuring STEM literacy. Using data from elementary and middle school students participating in the See Blue STEM camp in 2019 and 2021-22, this research employed the Rasch Partial Credit Model (PCM) to analyze item-level performance and identify DIF items across various demographic subgroups (race, gender, free-lunch status, and potential first-generation status) and camp delivery modes (online versus in-person). Results indicated that both the elementary (SB-E) and middle school (SB-M) versions …

Facility-Based Uptake Of Colorectal Cancer Screening In 45-49-Year-Olds After U.S. Guideline Changes, Alyssa H. Harris, Hannah Murphy, Madeleine Mcdowell, Margaret E. Wright, M. Courtney Hughes

Faculty Articles, Papers, and Other Scholarship

No abstract provided.

Examining The Professional Noticing Skills, Attitudes Toward Mathematics, And Elementary Math Content Knowledge Of Preservice Elementary School Teachers Through The Noticing Numeracy Now Intervention, Johnathan T. Rogers

Theses and Dissertations--Science, Technology, Engineering, and Mathematics (STEM) Education

Abstract: This quasi-experimental study examined the impact of the Noticing Numeracy Now intervention, an intervention focused on professional noticing of children’s conceptual development in whole number and arithmetic reasoning, on preservice elementary teachers’ professional noticing skills, attitudes toward mathematics, and elementary math content knowledge. This study was based off of a previous study and intervention created by Molly Fisher, Jonathan Thomas, Edna Schack, Cindy Jong and Janet Tassell. This study used a video-based professional noticing module, consisting of four lessons, situated in the pedagogies of practice framework. Within this study, 10 students (all preservice elementary teachers) at Kentucky State University …

Investigation Of Subsurface Thermal Radiation Phenomena In Fibrous Thermal Protection Systems, Colby L. Gore

Theses and Dissertations--Science, Technology, Engineering, and Mathematics (STEM) Education

Atmospheric re-entry induces intense thermal stress upon vehicles through a high-enthalpy boundary layer that encompasses the craft. To protect these vehicles, numerous insulative methods, known as thermal protection systems (TPS), are deployed to protect the craft during re-entry. The TPS materials insulate the craft from intense thermal transmission that would terminate a mission. In hypersonic environments, vast temperature gradients exist, enforcing the exponential effect of thermal radiation. However, TPS materials are commonly low-density fibrous materials that allow for the potential to be penetrated by thermal radiation. A series of arc-jet tests was completed to replicate enhanced radiative conditions in a …