Digital Commons Network^™

Full Issue

Sigma: Journal of Political and International Studies

No abstract provided.

Welcome To The Circus: An Analysis Of Kennedy V. Bremerton, Ryan Spencer

BYU Education & Law Journal

Since the inception of the public education system, schools have played numerous roles in student’s lives. Public schools and their employees have acted as educators, babysitters, role models, safe havens, disciplinary settings, and have filled the role of parents for most of each day; so much so, that the legal doctrine of in loco parentis (“in the place of the parents”) has been applied to public schools during school hours. Balancing the numerous roles schools play for the students becomes more difficult when the school must also consider the students’ legal rights as well as those of employees and parents. …

Student Athlete Or Student Employee? Considering The Future Implications Of Recent College-Athletics Decisions Regarding Employee Classification, Nathan Schmutz, Joseph Hanks

BYU Education & Law Journal

Nature often provides warning signs of oncoming danger. For example, a generally recognized phenomenon associated with a tidal wave caused by an oceanic earthquake is the major withdrawal of water resembling an extreme low tide. Universities take note, a similar phenomenon might be occurring in relation to college sports. Recent decisions might be signaling a receding of waters before a surge of litigation that results in college athletes being considered employees of the university. This paper considers recent court and administrative decisions that might be indicative of this major shift and discusses possible implications of such a change.

Is There Room For Grace In The American Dream?, Ali Critchfield

Sigma: Journal of Political and International Studies

In the face of growing inequality in the United States, researchers have sought to understand why there is not a proportionate level of public concern over widening economic disparities (Kim 2023, 39–54). Much research in this area is grounded in the idea that America has become a meritocracy, where success is earned by merit. Despite the nation’s Puritan beginnings that emphasized that God’s grace, not works, are what led to salvation and success, the country has taken on a meritocratic core, one that effectively eliminates grace in the pursuit of material success. This way of thinking has compounded with the …

The Legality Of Second Chances: Employment For The Formerly Incarcerated, Ella Paligo

Brigham Young University Prelaw Review

The United States has one of the highest incarceration and recidivism rates globally. This is largely attributed to the fact that a large number of employers reserve the right to not hire those with a criminal record. To combat this, cities and states have enacted “Ban the Box” legislation which prohibits employers from inquiring about criminal history before the interview round. However, with this decision being left up to local and state officials, marginalized individuals are left open to employment discrimination. This paper explores how federal protection, like “Ban the Box” laws, must be implemented to avoid recidivism and reimprisonment.

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

Advantages And Disadvantages Of The Chinese Digital Yuan, Mikayla Cheng

Sigma: Journal of Political and International Studies

China’s rapid progress toward a completely cashless society through the release of its digital yuan marks a pivotal point in monetary history. In recent years, China has taken the next step in digital payment technology by proposing and implementing a fully digital, government fiat, legal tender currency known as the digital yuan. The focus of this paper is understanding the implications of the widespread adoption of digital yuan from the perspective of the Chinese people. I propose that there are three main advantages of the digital yuan for the Chinese people. First, the digital yuan reduces transaction costs through eliminating …

A Practitioner's Approach To Examining Title Ix, Jordan Tegtmeyer, Ashley Nicoletti

BYU Education & Law Journal

With the 52nd anniversary of Title IX happening this spring amid recent issues related to gender equity in college sports, we thought it important to examine Title IX’s three-part test. The past year’s Title IX stories indicate a gap in understanding around compliance with its three-part test. Whether it be disparate accommodations for NCAA women’s basketball and softball players or institutions citing Title IX as one of the rationales for dropping sports, Title IX has been all over the news. This article seeks to establish a legal and regulatory framework practitioners can use when thinking about compliance with Title IX’s …

Safeguarding Wetlands Post-Sackett V. Epa: Protecting Indigenous Territories And Environmental Health, Anna J. Mahler, Emily Richardson

Brigham Young University Prelaw Review

The Clean Water Act (CWA) has been a tool for federally recognized tribes to protect the waters within their borders and sacred lands that exist outside the borders of the tribe. Sackett v. EPA limited the scope of the CWA to cover only wetlands that have a continuous surface connection. This restricts the ability of Tribes to protect important waters. The Sackett decision decreases the nation’s ability to protect the chemical, physical, and biological aspects of the waters. This paper explores past legislative remedies and proposes federal wetland protection.

The Price Of Dignity: How Medicare Requirements Shape End-Of-Life Care, Juliette K. Ball, Dallin M. Mildenhall

Brigham Young University Prelaw Review

End-of-life care comes with several challenges: the level of care required is often complex and difficult to administer, fraud goes unchecked, facilities are understaffed, and the enforcement of care requirements is minimal. As a result, these conditions lead to neglect and abuse of an extremely vulnerable population with few options for recourse for elderly victims and their families. As the elderly population continues to rise in the United States, the need for reform will only continue to increase. The federal government provides substantial funding for end-of-life care through Medicare, and significant changes must be made to address current health disparities …

Parched Rights, Thirsty Lands: Improving Paiute Water Rights With A Proactive State Solution, Hailey Russell

Brigham Young University Prelaw Review

This paper critically examines the impact of the Winters Doctrine on water rights for Native American tribes, focusing on the Paiute Tribe of Utah (PITU). While the doctrine has facilitated significant achievements, challenges persist, particularly in differentiating between “paper” and “wet water rights”. The complexities of the doctrine of prior appropriation, as revealed in the PITU case, underscore the need for a nuanced approach to water allocation. Disparities in "wet water rights" among PITU bands highlight the urgent requirement for comprehensive State-led solutions that address environmental factors and the preservation of Paiute culture.

Free Speech Or Fair Elections? A Call For Campaign Finance Reform And A New Definition Of Corruption, Annabelle Crawford

Brigham Young University Prelaw Review

This paper argues that to protect free speech, the Supreme Court must authorize stricter limits on independent expenditures and expand the legal definition of corruption. It scrutinizes the historical trajectory of Supreme Court rulings concerning the control of political expenditure, emphasizing the delicate balance between safeguarding freedom of expression and mitigating corruption in electoral processes. The paper highlights the Court's limited interpretation of corruption, advocating for a broader conceptualization that encompasses not only direct quid pro quo transactions but also subtler forms of corruption including undue influence and distortion. The paper illustrates how unregulated independent expenditures can subvert democratic principles …

Clearing The Air: Addressing Utah’S Pollution Crisis Through Legal Reform And Environmental Justice, Eduardo A. Rios, Catherine Patino-Celedon

Brigham Young University Prelaw Review

Within the context of structural racism and economic inequality, Black and Latino communities confront disproportionate exposure to environmental hazards, amplifying health inequities. This article emphasizes the imperative for advancing environmental justice in Utah, where pervasive pollution exacerbates disparities. Furthermore, the disregard for community input by Utah's authorities perpetuates disparities in resource allocation. This narrative aligns with a nationwide trend wherein marginalized populations confront grave environmental risks. Concurrently, escalating concerns regarding air quality in Utah highlights the far-reaching consequences of pollution on public health, necessitating comprehensive legislative action to safeguard vulnerable communities.

Authorship In The Age Of Algorithms: Adapting Copyright Law For Ai -Generated Content, Sydney Thomas

Brigham Young University Prelaw Review

In the age of Artificial Intelligence (AI), the relationship between technological advancement and legal protection for human creators has become increasingly critical. From Stephen Hawking's admonition of the potential risks of unregulated AI to Sam Altman's advocacy for proactive regulation, this paper navigates the evolving landscape of AI innovation and copyright law. By examining the challenges posed by AI-generated content, including issues of intellectual property infringement and privacy concerns, it highlights the need for adaptive legal frameworks. Strategic enhancements to copyright law must be developed, such as bolstering fair use doctrine and expanding creator rights, to ensure the protection of …

Editor In Chief & Managing Editor's Note, Inaê Cavalcante, Zac Bright

Brigham Young University Prelaw Review

No abstract provided.

Plagiarism Or Progress?: An Inquiry Into Generative Ai And Copyright, James Knight

Brigham Young University Prelaw Review

The emergence of accessible artificial intelligence (AI) in 2022, including notable models such as Chat GPT, Google Bard, and Microsoft Bing Chat, has sparked significant discourse regarding their societal impact. This paper delves into the contrasting perspectives regarding the role of Large Language Models (LLMs) in society, particularly in the realm of copyright law. While pessimists express concerns about the potential stifling of human ingenuity and innovation, optimists advocate for embracing AI's creative potential, advocating for legal reforms to address copyright issues. Focusing on the legal domain, this paper argues for amending US copyright law to accommodate AI-generated content, proposing …

Ensuring Equity In Medical Malpractice Cases For Low-Income Plaintiffs, Hassan El-Cheikh

Brigham Young University Prelaw Review

Every year in the United States, around 85,000 medical malpractice lawsuits are filed. These lawsuits are overwhelming and exhausting for the plaintiffs, while doctors report feelings of anxiety, denial, and panic. Due to the complexity of medical malpractice lawsuits and state legislators making it difficult for victims of medical negligence to sue, some attorneys require up-front payment to retain a medical expert witness. This typically costs over $500 per hour but depends on the specialty. For low-income individuals, these payments are simply unrealistic. However, if the government were to pay for the obtaining and retention of a medical expert witness …

Free Speech Limitations And Canada’S Online Streaming Act, Ethan Schortinghuis

Brigham Young University Prelaw Review

In early 2023, the government of Canada passed the Online Streaming Act, formerly known as Bill C-11, extending federal influence over media to the more recently developed online streaming platforms. This legislation aims to further protect Canadian cultural identity by supporting the creation of “certified Canadian content” and increasing its discoverability on digital platforms. However, not only does the Online Streaming Act fail to accomplish its goal, but it also creates the possibility of unconstitutional infringement on Canadian freedoms in every part of the broadcasting process, from writer to audience.

The Tiktok Dilemma: Regulating Tiktok For Minors In The Age Of Free Speech, Julia Waters

Brigham Young University Prelaw Review

The influence of social media platforms, particularly TikTok, on the mental health and well-being of adolescents has become a matter of increasing concern. This paper examines the constitutionality of Montana's proposed ban on TikTok, arguing that while well-intentioned, such a ban would infringe upon citizens' First Amendment rights. Instead, the focus should be on addressing the underlying issues of data collection practices and content moderation. The paper proposes federal legislative solutions, including age verification requirements and amendments to Section 230 of the Communications Decency Act to hold social media platforms accountable for harmful content. By addressing these issues, policymakers can …

Byu Online Language Team On-Boarding Training, Iolanda Costa

Instructional Psychology and Technology Graduate Student Projects

In the early stages of departmental training (2018-2019), BYU-O instructional designers (IDs) focused on developing a Canvas training course to meet diverse needs and equip their student employees, also known as instructional design assistants (IDAs). However, the incorporation of specific needs and skills for the language team was postponed. The purpose of this project was to optimize and unify the training process to address the BYU-O Language Team needs and develop a training experience for all teams.

Exploring Caregiver Support For Advanced Practice Nurses Following An Error, Sunnie L. Nield

Student Works

Advanced Practice Registered Nurses (APRN) are a growing population of employed individuals within the healthcare system, working in outpatient and inpatient settings. Like other healthcare professionals, nurse practitioners can and do make errors while practicing. Nevertheless, little to no research has focused on them. This research aimed to better understand nurse practitioners’ attitudes towards error approach, perception, and cause using the Medical Error Attitude Scale (MEAS). Additional purposes included the further exploration of APRNs' experiences following an error and support they may or may not receive. A convenience sample of ARPNs licensed in Utah was sent an electronic survey via …

Robot Proficiency Self-Assessment Using Assumption-Alignment Tracking, Xuan Cao

Theses and Dissertations

A robot is proficient if its performance for its task(s) satisfies a specific standard. While the design of autonomous robots often emphasizes such proficiency, another important attribute of autonomous robot systems is their ability to evaluate their own proficiency. A robot should be able to conduct proficiency self-assessment (PSA), i.e. assess how well it can perform a task before, during, and after it has attempted the task. We propose the assumption-alignment tracking (AAT) method, which provides time-indexed assessments of the veracity of robot generators' assumptions, for designing autonomous robots that can effectively evaluate their own performance. AAT can be considered …

Experimental Evidence On Leadership Experience And Women’S Political Participation In Malaysia, Grace Burns

Sigma: Journal of Political and International Studies

Across the globe, there is a lack of gender parity in the political realm (Darcy, Welch, and Clark 1994). Solving this important issue will ensure increased representation for women’s issues (Bratton 2005), greater diversity and effectiveness in leadership styles (Kathlene 1994), and better outcomes for countries as a whole (Cole et al. 2017; Garikipati and Kambhampati 2020). In Malaysia, women rank highly on many indicators such as literacy and labor force participation (“World Bank Open Data” n.d.), but lowly in political polarization, due to cultural and religious factors (Ariffin 1992). Women are not socialized to view themselves as leaders and …

The United Kingdom And Brexit: A Case Study In Affective Polarization, Tannah Carter

Sigma: Journal of Political and International Studies

Political polarization has become an increasingly hot topic in recent years as countries around the world have seen a greater divide in their national politics. In general, polarization refers to the process whereby people become increasingly sorted into separate camps that hold distinct and opposing identities and interests (McCoy, Rahman, and Somer 2018). However, this divide is not limited to ideology: countries have also seen an increase in affective polarization. Affective polarization occurs when individuals move beyond simple policy disagreements into seeing themselves as belonging to an “in-group” while those who oppose them belong to the “out-group” (Iyengar, Sood, and …

Prison Labor: The Ethical And Economic Implications Of Rethinking The Thirteenth Amendment And Fair Labor Standards Act, Peter Holland

Brigham Young University Prelaw Review

Prisoners have historically been paid extremely low wages, if any, for the jobs they perform while incarcerated. The Thirteenth Amendment, which made slavery illegal except as a punishment for crime, has often been used to validate this practice. This paper will argue that denying prisoners minimum wage is a misapplication of both the Thirteenth Amendment and the Fair Labor Standards Act. Additionally, the paper claims that paying prisoners minimum wage would have many positive economic consequences.

End Matter

Sigma: Journal of Political and International Studies

No abstract provided.

Latest Research (Summaries) On Charitable Giving, Angie Holzer

Journal of Nonprofit Innovation

No abstract provided.

Charitable Giving: Full Issue, Angie Holzer

Journal of Nonprofit Innovation

No abstract provided.

Endowment Funded Experiential Learning: Facilitating Student Engagement, Elise Lael Kieffer

Journal of Nonprofit Innovation

This article provides background information on the establishment of an endowment that serves specifically to provide experiential learning opportunities for students in and around the university. This case study may serve as a guide for higher education programs in the nonprofit discipline to promote both active philanthropy and learning for students.

This article provides an examination of student reflections following their participation in an endowment funded experiential learning opportunity with a hope of promoting this teaching method in other nonprofit and philanthropic educational programs. The results of this analysis assist in the development of greater understanding into how the experiential …

The Dos And Don'ts Of Charitable Giving, Sumaya Ali, Mandie Carter, Lakell Archer, Erica Jensen, Angie Holzer

Journal of Nonprofit Innovation

No abstract provided.