Digital Commons Network^™

Tradition Without Text?, Daniel B. Rice

Faculty Publications

This Essay critiques the Supreme Court’s emerging “history and tradition” methodology, as articulated in Dobbs v. Jackson Women’s Health Organization, arguing that its reliance on affirmative textual recognition in historical positive law fundamentally misrepresents the nature of American liberty traditions. By insisting that unenumerated rights are constitutionally cognizable only when earlier legal sources explicitly identified them as rights, the Court adopts a truncated evidentiary framework that privileges written enactments while disregarding lived experience, social practice, and the normative assumptions that shaped earlier understandings of permissible state power. The result, the Essay contends, is a mechanized and impoverished account of …

A New 17 U.S.C. § 108a: Restoring The Intellectual Property Clause's Balance In Copyright Consideration Of Digital Disruption And The Prevalence Of Onerous Licensing Practices, Caroline L. Osborne

Faculty Publications

Accessibility of knowledge and control over information is key to an informed public and democracy. The founding fathers recognized the benefits of an informed citizenry, enshrining this concept in the Intellectual Property Clause of the Constitution. Such a clause created a delicate balance between creator and consumer, incentivizing creation for the benefit of society. The beauty of the Clause is the concept of balance. Balance resting delicately on the fulcrum with the dual requirements of reward for creation and benefit to society. The evolution of the means and formats in which information is delivered to the consumer in the creation …

The Trademark Bargain: Registration As Disclosure, Dustin Marlan

Faculty Publications

This Article highlights the central—and under-theorized—role that disclosure plays within trademark law. By loose analogy, the patent disclosure requirement is a cornerstone of patent law, embodying the “patent bargain” where an inventor must disclose their invention in exchange for a twenty-year monopoly. This quid pro quo is believed to stimulate the progress of science and technology, making patent disclosure the very pulse of the patent regime. However, the fundamental importance of disclosure in trademark law remains underexplored. Like patents, trademark law imposes a rigorous bargain—to obtain the enhanced rights granted by federal registration, trademark owners must first make significant disclosures …

Who's Afraid Of Copyright And Ai?, Deborah R. Gerhardt

Faculty Publications

Copyright and AI need not be a copyright no man’s land. Recent decisions by the Copyright Office have gotten so much media attention that many creators are unsure if they can secure copyright protection if they use AI as a creative tool. The proposed creative control paradigm can help us all tackle the challenge of determining when works created with the assistance of AI are copyrightable. Instead of relying on long-established nuanced precedent for protecting works generated with new technology, the Copyright Office asserts that any content generated with assistance from AI tools is unprotectable. This position is radically inconsistent …

Choice Of Law In Terrorism Cases, John F. Coyle

Faculty Publications

When an Iranian-backed terrorist group operating out of Lebanon detonates a bomb in Israel that kills a U.S. citizen domiciled in Texas, what law governs civil claims brought against Iran in the District of Columbia? Some version of this choice-of-law question has been presented to U.S. courts many times over the past two decades. Their answers have been frustratingly inconsistent. In some cases, courts have applied the law of the place of the attack. In others, they have applied the law of the plaintiff’s domicile. In still others, they have applied the law of the forum where the plaintiff brings …

Construyendo Comunidades Inclusivas: Estrategias Para Fomentar La Unidad En Iglesias Progresistas Diversas, Andi C. Villar Arroyo

Apuntes: Reflexiones teológicas desde el margen hispano

This article explores the challenges and opportunities faced by progressive churches in balancing their cultural identity with inclusive principles. It argues that inclusive language, intercultural communication, and diverse leadership are key strategies for fostering cohesive and equitable faith communities. Drawing from biblical teachings and Wesleyan theology, the article emphasizes that embracing diversity strengthens the church’s mission of unity, justice, and spiritual growth. By implementing these practices, congregations can create a welcoming environment where all members feel valued, respected, and actively engaged in the life of the church.

A Qualitative Study Of Undergraduate Underrepresented Minoritized Students’ Online Learning Experiences, Susanne Morris

Theses and Dissertations--Curriculum and Instruction

This dissertation reports a qualitative secondary analysis of 37 semi-structured interviews with 40 undergraduate underrepresented minoritized (URM) students. Guided by social constructionism and intersectionality, the study explores how students make sense of online learning as a sociomaterial environment, attending to perceptions of constraints, affordances, and missing or misaligned signifiers. Interviews were analyzed using Braun and Clarke’s Reflexive Thematic Analysis to examine how institutional norms and course design shape what students experience as doable, safe, and meaningful. The study offers insight relevant to research and practice in equity and online learning.

Industry To Classroom: The Role Of Academic Program Consultants In Building Self-Efficacy Among Occupation-Based Career And Technical Education Teachers, Erica L. Settelen

Theses and Dissertations--Educational Leadership Studies

Occupation-based career and technical education (CTE) teachers bring industry expertise to secondary classrooms but often begin teaching without traditional pedagogical preparation or familiarity with public school systems. In Kentucky’s New Teacher Institute (NTI), academic program consultants (APCs) provide program-area support to strengthen induction. Using the framework of self-efficacy and guided by Ivankova’s mixed methods action research (MMAR) framework, this study examined how occupation-based CTE teachers perceived APC engagement during induction and how APC-created asynchronous supports were experienced.

In the Reconnaissance Phase, a sequential Quantitative → Qualitative design included an initial survey followed by interviews. Survey results indicated midrange familiarity with …

Responding To The Needs Of First-Generation Students: An Action Research Study Of Professional Development Opportunities For Faculty And Staff, Kyle G. Phillips

Theses and Dissertations--Educational Leadership Studies

First-generation college students have historically been considered marginalized in institutions of higher education, with diminished success rates and disproportionately higher incidents of imposter syndrome. This Mixed Methods Action Research study assessed the extent to which faculty and staff are able to recognize and implement research-based best practices to improve the support system surrounding this student demographic. In particular, it assessed current levels of preparation to support first-generation students and sought to identify and implement an appropriate professional development program as part of the study's intervention. The efficacy of the intervention was then assessed, with the result delineated in this dissertation. …

Recruitment Messaging, Authenticity, And Representation: A Mixed Methods Action Research Study In A Public School System, Chavis A. Sims

Theses and Dissertations--Educational Leadership Studies

This study employed a Mixed Methods Action Research (MMAR) design to examine recruitment communication within a public school system facing persistent underrepresentation of minority educators.  Recruitment prototypes were developed in collaboration with district leadership and evaluated in a formative pilot involving 15 educators who provided Likert-scale ratings and written feedback on clarity, cultural relevance, persuasiveness, and engagement.  Quantitative findings indicated that messaging emphasizing professional purpose and pathways into teaching was perceived as clear and engaging.  In contrast, cultural relevance consistently received the lowest ratings across prototypes.  Qualitative responses revealed that reliance on non-local and AI-generated imagery weakened perceived authenticity and …

The Development Of Self-Efficacy Among New Residence Life Professionals, Kenyatta S. Jeter

Theses and Dissertations--Educational Leadership Studies

New professionals in student affairs, particularly those working in housing and residence life, face complex job responsibilities that demand a high level of confidence and preparation. The purpose of this study was to increase resident directors’ sense of self-efficacy as they transition into their new role. This study employs a mixed methods action research (MMAR) design to explore the development of an effective onboarding and training framework to support housing and residence life professionals in successfully transitioning new resident directors into their roles.

An intervention plan was developed in collaboration with key stakeholders to increase resident directors’ sense of self-efficacy …

Problem-Based And Practice-Driven: Designing For Engagement In An Online Educational Leadership Program, Owens G. Saylor

Theses and Dissertations--Educational Leadership Studies

Virtual professional learning has emerged as a flexible and scalable solution for developing educational leaders, particularly those navigating demanding roles and geographic barriers. However, these benefits often come at the cost of diminished engagement, interaction, and practical application to real-world leadership challenges. Without intentional design, virtual sessions risk becoming passive and disconnected, undermining their professional development value. This study responds to these challenges by exploring how a problem-based learning (PBL) approach can improve engagement in the virtual component of the Kentucky Leadership Rising (KLR) Aspiring Superintendent Workshop Series.

This mixed methods action research (MMAR) study examined participants’ perceptions of engagement …

Enhancing International School Implementation Capacity: Supporting Contextualized Learning At An International Baccalaureate School In China, Christopher J. Hayden Iv

Theses and Dissertations--Educational Leadership Studies

International schools allocate substantial resources to implement progressive curricular innovations; however, the advantages offered by these developments are contingent on their effective execution within classroom settings. This mixed methods action research (MMAR) study examined the implementation of the International Baccalaureate (IB) Global Context (GC) Strategy in the Middle Years Programme (MYP) at an international school in China and asked how the school might strengthen its capacity to enact this and similar innovations. Following a sequential MMAR design, a reconnaissance phase combined a whole-staff survey (n=87) with qualitative interviews to diagnose the individual, organizational, and contextual factors shaping implementation. Analyses identified …

Unveiling The Shadows: An Exploratory Study On Ghostwriting, Gray Markets, And The Ethics Of Contract Cheating, Micah Crawford

Theses and Dissertations--Educational Policy Studies and Evaluation

Contract cheating has become an increasingly complex challenge for higher education, particularly as digital platforms, global academic labor markets, and generative artificial intelligence reshape the production and detection of academic work. While much of the existing literature examines contract cheating from the perspectives of students, faculty, and institutions, less attention has been given to the individuals who produce ghostwritten academic work. This dissertation addresses that gap by exploring how shadow scholars understand their roles, ethical boundaries, and participation within the academic integrity ecosystem.

Using an exploratory qualitative design, this study draws on twelve semi-structured narrative interviews with six freelance academic …

Biomechanical Effects Of Exercise-Based Interventions In Chronic Nonspecific Low Back Pain: A Systematic Review And Meta-Analysis, Lara De Vecchi Machado

Theses and Dissertations--Kinesiology and Health Promotion

Chronic nonspecific low back pain (CNLBP) is the leading cause of years lived with disability worldwide and represents a complex, multifactorial, and heterogeneous condition. It is characterized by substantial interindividual variability in muscle activation patterns, lumbo-pelvic coordination, and movement strategies. Although exercise is widely recommended as a first-line intervention and its clinical benefits are well established, the biomechanical mechanisms underlying functional improvement remain fragmented in the literature and are rarely synthesized quantitatively.

This dissertation conducted a systematic review with meta-analysis to investigate the biomechanical effects of exercise-based interventions in individuals with CNLBP. A total of 39 studies were included and …

Leadership Perceptions In Mid-Major Ncaa Athletics: Exploring Women's Teams Head Coaches' Experiences With Athletic Department Senior Staff, Sydnie A. Steele

Theses and Dissertations--Education Sciences

Leadership practices within NCAA Division I athletic departments can shape the professional climate, well-being, and stability of the coaching staff. Yet, limited research has explored how senior administrators influence the experiences of coaches who lead women’s teams at mid-major institutions. This phenomenological inquiry study explored how head coaches interpret their interactions with senior athletic department staff and how these relational dynamics inform perceptions of support.

Twelve Division I head coaches participated in semi-structured Zoom interviews about their experiences at former institutions. The interview protocol integrated the LMX-7 framework with open-ended questions to capture the significance of the head coaches’ lived …

Exploring High School Students’ Learning Interests And Information Sources On Viruses And Covid-19, Sahar Alameh, James W. Keck, Elizabeth Loh, Lin Xiang, Scott M. Berry, Anna G. Hoover, Abigail Knapp, Savannah Tucker

Science, Technology, Engineering, and Mathematics (STEM) Education Faculty Publications

This study investigates high school students’ health-information seeking behaviors related to COVID-19 and viruses in a rural area of the south-central United States, and how these behaviors relate to students’ knowledge, perceptions, and learning interests. Survey data were collected from 83 students in Spring 2023, during the post-pandemic period, as part of a STEM and public health unit. Drawing on frameworks from Health Information-Seeking Behavior and student interest, the study examines students’ COVID-19 information sources, how these sources relate to their knowledge about viruses and their perceptions of COVID-19, and the specific topics about which they were most interested in …

Exploring The Relationships Between Social Influence, Vaping Behaviors, And Susceptibility Across Grade Levels In Kentucky, Raphael Adesiyan, Odunayo O. Omotilewa, Saber Feizy, Melinda J. Ickes

Kinesiology and Health Promotion Faculty Publications

Purpose: This study explored the relationships between social influence, vaping behavior, and susceptibility across different grade levels.   Design: The study design was cross-sectional. Data were collected from middle and high school students who voluntarily participated between September 2022 and April 2023.   Sample: A convenience sample of students in 6^th to 12^th grades in Kentucky (N = 4677).   Measures: Demographic information, including age, grade level, school location, and race/ethnicity, was collected. The outcome variables included social influence, susceptibility, and vaping behavior.   Analysis: Logistic regression analysis was used to explore the relationships between social influence, vaping behavior, and susceptibility.   Results: …

From Mandate To Meaning: Designing Implementation Supports For Organizational Readiness In Behavioral Health Service Planning, Lauren K. Mergen

Theses and Dissertations--Education Sciences

Behavioral health agencies often struggle to translate the Transformational Collaborative Outcomes Management (TCOM) framework into practice when implementation is externally mandated. This study examined how educational leaders can support meaningful use of TCOM tools under a Midwestern state’s October 2024 requirement that behavioral health providers use the state Child and Adolescent Needs and Strengths assessment in service planning.

Using a Mixed Methods Action Research design, the study progressed through six phases: Diagnosis, Reconnaissance, Planning, Acting, Evaluation, and Monitoring. The Diagnosis Phase identified a knowledge-to-practice gap and weaknesses in implementation support infrastructure. Practitioner surveys administered immediately after training and six months …

Bridging The Intention–Behavior Gap In Mental Health Help-Seeking, Wenqi Weng

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

Objective: To examine whether modifiable factors shape the extent to which help-seeking intention is translated into formal mental health service initiation among distressed adults. Method: Participants were U.S. adults (N = 777; M age = 47.21 years, SD = 16.70; 73.23% women; 77.74% White) who reported at least moderate psychological distress and were not currently receiving formal mental health treatment. At baseline, participants completed measures of help-seeking intention, focal moderators (action planning, psychological distress, and mental health steward self-identity), coping planning, cues to action, and emotion regulation as exploratory candidate moderators. At three-month follow-up, participants reported whether …

Academic Departments As Microfoundations Of Institutional Governance, Karley A. Riffe, Meghan J. Pifer

Educational Policy Studies and Evaluation Faculty Publications

Considerations of governance in US higher education do not typically include the academic department. This results in a knowledge gap about the role of these central organizing units of academic work in the governance of colleges and universities. Through the concept of microfoundations, we explore concrete ways in which departmental governance matters, how it may be challenging, and strategies for fostering effective governance within academic departments.

Critical Discourse Analysis Of Nil Policies: Examining Institutional Control And Economic Opportunities For Division I Football Athletes In Power Four Universities, Allen T. Alvarez

Theses and Dissertations--Educational Policy Studies and Evaluation

The adoption of Name, Image, and Likeness (NIL) policies has redefined the economic landscape of collegiate athletics, expanding opportunities for student-athletes and reshaping institutional authority. This dissertation nvestigates how NIL policy language at Division I universities frames economic possibilities for football student-athletes and sustains systems of governance. Through a Critical Discourse Analysis of policy documents from Power Four and mid-major institutions, this study reveals that NIL participation is persistently conditioned by institutional approval, compliance monitoring, and ambiguous definitions, especially regarding boosters and collectives.

Policy language presents NIL as an opportunity but embeds institutional control through oversight structures. The analysis further …

The Operationalization Of Student Success: How Institutions And Divisions Of Student Affairs Define And Align Non-Academic Student Success With External Accountability Expectations, Madeline N. Trudeau

Theses and Dissertations--Educational Policy Studies and Evaluation

This qualitative multi-case study investigates how higher education institutions and their divisions of student affairs publicly discuss and define non-academic student success through their strategic planning, within the context of external pressures from state legislatures and accrediting bodies. Grounded in Organizational Learning Theory, Transition Theory, and Theory of Student Involvement and Engagement, this study analyzes the alignment and divergence between external policy expectations and internal institutional and divisional strategic plans.

The findings reveal a fundamental tension; while external stakeholders increasingly demand quantifiable outcomes tied to economic productivity - like post-graduate wages and employability metrics - divisions of student affairs continue …

A Historical Case Study Of The Effects Of The Coordinate Interagency Partnership Regulating International Students (Cipris) System And The Student Exchange Visitor Information System (Sevis) On Foreign Students Coming To The United States For Higher Education From 1990 To 2008, M. Ann Livingstone

Theses and Dissertations--Educational Policy Studies and Evaluation

The United States has welcomed foreign scholars and students since 1774, but their numbers increased dramatically after World War I, and again after World War II, as America became a world power leader and interest in the United States and its educational system and technological developments grew internationally. The Immigration and Naturalization Service (INS) was set up to oversee immigrants, visitors, and nonimmigrants who included students and diplomatic staff and families. This study deals with the changing laws and responsibilities of the INS during the period 1990 to 2008 to track foreign students in higher education, specifically with the introduction …

Contractual Democracy From Statehouse To School Board: Shifts In Legislation And School Board Authority In Kentucky, Hannah M. Edelen

University of Kentucky Doctoral Dissertations

School boards have long been regarded as a cornerstone of American democracy, providing local governance over public education. While considerable scholarship highlights the increasing involvement of state and federal governments in education, relatively few studies examine with specificity how legislatures shape the local authority of these governance structures. This study investigates how the Kentucky State Legislature has influenced the authority of local school boards over three legislative sessions (2020–2022) and how board members perceive their evolving role. Using a multi-method approach and conceptualized in principal-agent theory, this research contributes to understanding how legislatures shape the governing responsibilities of school boards …

Beyond Teaching: Black And Hispanic Calculus Students Describe Interactions With Faculty, Kevin A. Palencia Infante, Ricela Feliciano-Semidei, Alcibiades Bustillo-Zarate, Ke Wu

Faculty Articles, Papers, and Other Scholarship

The experiences of underrepresented minority (URM) students in science, technology, engineering, and mathematics (STEM) programs provide valuable insights into improving their retention and academic achievement. This study investigates how Black and Hispanic calculus students describe faculty-student interactions. Four students participated in a demographic survey and follow-up interviews, sharing their experiences with calculus learning. Using thematic coding guided by validation theory, the data revealed instructors’ academic practices that either validated or invalidated students’ participation in calculus classes. These practices include cultivating in-class conceptual support, promoting collaborative learning spaces, demonstrating out-of-class academic availability, acknowledging and integrating diverse student experiences, and encouraging metacognitive …

Bringing Pandemic Science To The Classroom: Building Public Health Capacity At A Rural Kentucky High School, Sahar Alameh, Anna G. Hoover, James W. Keck, Scott M. Berry, Sagan Goodpaster, Savannah Tucker, Ashley Goodin

Science, Technology, Engineering, and Mathematics (STEM) Education Faculty Publications

In response to the COVID-19 pandemic, a multidisciplinary team at the University of Kentucky developed an interdisciplinary science, technology, engineering, and mathematics and environmental health unit—the Wastewater Assessment for Coronavirus in Kentucky: Implementing Enhanced Surveillance Technology (WACKIEST) Unit—for high school students in summer 2022. This case study outlines the WACKIEST Unit, which focused on wastewater surveillance and COVID-19, the obstacles faced during development and recruitment, and implementation of the WACKIEST Unit in conjunction with a rural wastewater surveillance initiative. The unit was implemented in spring 2023 at a rural high school in Kentucky, spanning 12 days and engaging 190 students. …

Chinese Athletes’ And Parents’ Motivations For U.S. Collegiate Sports Participation, Wenting Sun, Russell D. Ravert, Simran Kaur Sethi

Kinesiology and Health Promotion Faculty Publications

To gain an understanding of international student recruitment and retention in collegiate athletics, this study examines the motivations and decision-making processes of Chinese high school athletes and their parents in pursuing U.S. collegiate sport opportunities. Using the push–pull framework and an ecological perspective, it explores how individual aspirations, family priorities, institutional resources, and national policies shape transnational mobility. Semistructured focus group discussions with 10 athletes and eight parents revealed six key motivational themes and highlighted the influence of recent collegiate sport-related policy changes in China. The findings suggest that while both groups value U.S. sport pathways, athletes and parents may …

Comparing Strength Testing Measures And The Association Of Strength And Body Composition In Young Children, Abigayle R. Spong

Theses and Dissertations--Kinesiology and Health Promotion

Muscle strength is an important component of physical fitness; however, measuring it with isokinetic dynamometry (IKD) is expensive and requires dedicated space. Handheld dynamometry (HHD) provides a practical alternative for field and clinical settings. Thus, the purpose of this study was to compare peak knee flexion and extension torque measured by IKD and HHD in 37 children (ages 5-11 years) and examine relationships with body composition. Participants completed a RAMPing protocol at 90^o knee flexion consisting of two warm-up contractions at 50% and 75% effort followed by three maximal voluntary isometric contractions. Body composition was assessed via DXA scans. …

Cochlear Micropump Drug Delivery System: A Noninvasive Technique For Murine Intracochlear Drug Delivery, Janette Collins

Theses

In a 2018 World Health Organization (WHO) study, over 400 million people worldwide were affected by hearing loss (World Health Organization, 2023). Cochlear implants have provided a conventional route to aid inner ear issues but are ineffective either delivering to unintended targets or delivering unknown concentrations of a particular drug and create toxicity to the user. With medical advances and using 3-D printing technology, new opportunities to use programmable drug delivery systems to treat auditory disorders have been created. Borkholder Labs in Rochester, NY have created and improved a miniaturized implantable and scalable peristaltic micropump that provides programmable and accurate …