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First Record Of Jaguar (Panthera Onca) And Potential Prey Species In Sierra De Quila, Jalisco, Mexico, Efrén Moreno-Arzate, Luis Ignacio Iñiguez-Dávalos, Jorge Servín, María Magdalena Ramírez-Martínez, Milton Cezar Ribeiro, Rafael Sevilla

Western North American Naturalist

The jaguar (Panthera onca) is considered a keystone species for neotropical ecosystems. Jaguar records in natural protected areas (NPAs) are important to manage and maintain the long-term occupancy of the species in a region. The objectives of this study are to report the first jaguar records in the Sierra de Quila, Jalisco, Mexico, and to report observations of potential prey items. Between February 2018 and January 2019, 24 camera traps were placed for 180 days during 3 seasons, with a total capture effort of 3216 trap nights. Four hundred and two independent records were obtained from 17 species …

Forty-Five Years Later: Redefining And Reclassifying Computer Code Under The Copyright Act Of 1976, Trevor Oldham, Topher Hill

Brigham Young University Prelaw Review

Congress passed the Copyright Act of 1976 more than 45 years ago. However, despite the foresight to include a definition for computer code in the original version of the Act, the definition Congress provided has proven difficult for courts to interpret. This article proposes a new definition of computer code for the Copyright Act, which is not only more inclusive, but also more accurate. It then discusses the direction this new definition provides to the courts and software creators. It also proposes that computer code be granted its own category within the Act, based on the precedent set by the …

The Culture Of Authority In The Church Of Jesus Christ Of Latter-Day Saints, Sara Grundvig

Final Projects

Stories about Latter-day Saint general authorities sharing questionable, out of line, or personally offensive teachings.

Constitutional Cautions Post-Covid-19: A Proposal For 5th Amendment Protection From Police Power Overreach, Ethan Finster, Jessica Dofelmire, Editor

Brigham Young University Prelaw Review

The invocation of police powers by state governments throughout the Covid-19 pandemic to restrict business activity created a legal protection around government action that prevents 5th Amendment claims. This protection persists whether or not those actions fit within precedential criteria for takings. While police powers are certainly an important aspect of governance in times of crisis, the infringement of individuals’ constitutional rights that accompanied their utilization must be addressed. Moreover, their use during the pandemic set a potentially dangerous precedent for their use in future emergencies. Considering the growing concern surrounding the adequacy of Takings Clause precedent for preventing government …

Front Matter

Brigham Young University Prelaw Review

No abstract provided.

Acid Rain: Detoxifying Diversity Jurisdiction’S Poisonous Cycle, Baerett Nelson, Gavyn Roedel

Brigham Young University Prelaw Review

Diversity jurisdiction authorizes federal courts to act as impartial tribunals over certain matters of state law. To preserve states' judicial sovereignty, the US Supreme Court has prohibited diversity courts from directly interpreting state law, holding that federal courts must "predict" the legal outcome as if a state court had adjudicated. However, litigant abuse hinders consistency in legal outcomes. Discrepancies between courts spur forum shopping, which cyclically generates more legal incongruence. This paper identifies a "toxic cycle" plaguing diversity jurisdiction and offers five prescriptions which courts and Congress must use to reverse it.

Ambiguity In Legal Non-Conforming Use Statuses, Zeke Peters

Brigham Young University Prelaw Review

Legal nonconforming uses have similar definitions and codes throughout the United States. However, certain restrictions and rules can vary so much that ambiguity makes the truth harder to see. Many nonconforming uses are limited in their “expansion” or “enlargement.” However, what defines these terms is unclear in various codes across state lines. This paper proposes a framework for cities to adopt to have a more uniform definition with some exemptions of these terms. While planning and land use code should vary based on the specific needs of each municipality, this framework definition can help create a more concrete definition for …

Modernizing The Birds And The Bees: New Standards For Sexual Education, Ashley Whetten, Katie Whitehead

Brigham Young University Prelaw Review

Conversations surrounding sexual education usually revolve around comprehensive sexual education curricula and abstinence-only until marriage curricula. These conversations and the federal funding budgets that developed from these programs prevent innovation and modernization of sexual education programs. Furthermore, research has demonstrated major flaws in both curricula. This paper does not argue for one approach to sexual education over another; instead, the proposals in this paper aim to bridge long-standing disputes on sexual education by creating a new standard of sexual education that also addresses the major downfalls of both current curricula. In order to qualify for funding the program would require …

The Shadow Docket: What Is Happening And What Should Be Done, Collin Mitchell

Brigham Young University Prelaw Review

In light of recent emergency decisions made by the Court ranging from issues addressing the COVID-19 pandemic, religious freedom, abortion rights, and polarized redistricting plans, the Supreme Courts use of the shadow docket has come under renewed scrutiny. This paper argues that the Court's use of the shadow docket, while permissible in the past, is threatening the legitimacy of the Supreme Court and unduly burdening the American Judicial System at large. Due to these effects, this paper advocates to reduce the Supreme Court's use of the shadow docket through the creation of a new specialized court system to handle emergency …

Crime And Unequal Punishment: Proving Discriminatory Intent In Felony Disenfranchisement, Abel Huskinson, Kaitlyn Long

Brigham Young University Prelaw Review

Felony disenfranchisement, or barring convicted felons from voting, is a punishment used in almost every state. Although states differ in their severity of felony disenfranchisement, these laws resulted in 5.1 million Americans being unable to participate in the 2020 national election. The Supreme Court found in Hunter v. Underwood that felony disenfranchisement laws would violate the Equal Protection Clause of the Fourteenth Amendment if they contained “both [an] impermissible racial motivation and racially discriminatory impact.” Recent scholarship has found felony disenfranchisement to disproportionately affect marginalized racial groups. As such, it becomes the burden of felony disenfranchisement constitutional challenges to prove …

Crossing Borders: The Overlap And Conflict Of International And Domestic Laws Regarding Refugees And Asylum Seekers, Yunha Hwang, Belle De La Rosa, Editor

Brigham Young University Prelaw Review

The policies of the United States regarding refugees and asylum seekers within the past decade have consistently conflicted with international standards, in regards to the 1951 Refugee Convention and the following 1967 Protocol. Especially in recent years, the United States has been producing a line of increasingly exclusive policies and caps that hinder the resettlement process and as a result, has been causing increased violations against the principles listed in Article 14 of the Universal Declaration of Human Rights (1948). The paper analyzes the discrepancy and overlap between international laws and domestic laws in the United States. Especially at a …

The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor

Brigham Young University Prelaw Review

Petitioners in Hunter v. Department of Education questioned the constitutionality of the Title IX religious exemption as the basis of their 2021 class-action lawsuit. They claimed that more than 30 religious schools maintained discriminatory policies against LGBTQ students under the exemption. The religious exemption, often painted as unconstitutional discrimination, permits religious schools' adherence to sincerely held religious beliefs—and promotes a distinctive religious education that secular schools lack. This paper examines legal precedents relevant to religious freedom, higher education, and discrimination that demand the Title IX religious exemption remains in effect.

Full Issue

Criterion: A Journal of Literary Criticism

No abstract provided.

A Balancing Act: Overcoming Incommensurability In Rights Adjudication, Samantha Knutson Jex

Brigham Young University Prelaw Review

The Supreme Court's current system for rights adjudication is insufficient in cases where both sides feel that a fundamental right has been violated, such as Masterpiece Cakeshop v. Colorado Civil Rights Commission. To overcome this insufficiency, I argue that the Court should implement a new test that is a modified combination of the Supreme Court's strict scrutiny and the test used internationally for rights adjudication--the proportionality test. I call this new test the "Incommensurability Test" and explain how it works and why it is beneficial for rights adjudication in the United States. Applying the "Incommensurability Test" would enable the Court …

Medical Accreditation For Foreign-Educated Refugees: An Undue Burden, Katherine Jolley, Alex Hansen

Brigham Young University Prelaw Review

Historically, the United States has maintained a policy of robust assistance to refugees that enter the country. Refugee relief includes short-term health coverage and employment services. Unfortunately, many international medical graduates who come as refugees face excessive barriers to join the healthcare industry when they arrive. In light of emergency adjustments to the accreditation processes during the COVID-19 pandemic, this article proposes that the accreditation process for foreign-educated healthcare workers poses an undue burden on refugees.

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

A Sharply Worded Silence: Silence As The Revelatory Link Between Past And Future In Faithful And Virtuous Night, Noah Hickman

Criterion: A Journal of Literary Criticism

Given the recent celebrity of 2020 Nobel Prize Laurette Louise Glück, the 2014 collection Faithful and Virtuous Night enjoys a relative bounty of reviews and criticism for such a recent collection. Most of these reviews make oblique reference to Glück’s use of silence in the collection, but none forward any serious argument regarding the function of silence in the argument of the collection. This essay argues that Glück relies on silence as a kind of revelation for her speakers, marking the end of a given system of being and the inauguration its supplanting ontology. Within the collection, Glück’s silence represents …

Angel Babies Ascending To Heaven A Family Saga Of Death Across Cultures, Heidi Riboldi

Undergraduate Honors Theses

This thesis is a microhistory focused on infant death and burial practices in Spain and Argentina at the turn of the twentieth century. The study uses primary sources from biographical journal pages, vital records, and notarial documents. The biographical journal pages are eleven loose pages written by Pablo Montaña that provide information about his family's births, marriages, and deaths, for four generations. Vital records for birth, marriage, and death events were found in the local parish and municipal archives in Cañizo, Spain, and the Catholic Diocese Archive in Zamora, Spain, Archivo Histórico Diocesano de Zamora. Notarial records like wills …

Kindness In The Bardo: Empathy As A Catalyst For Healing In Victims Of Dissociation, Julia Dorothea Chopelas

Criterion: A Journal of Literary Criticism

In George Saunders’ Lincoln in the Bardo, a host of undead characters find themselves in a spiritual limbo based on the bardo. Although they won’t admit it to themselves, Roger Bevins III and Hans Vollman are most certainly dead. Despite their supernatural makeup as ghosts, Bevins and Vollman bear strong psychological resonance with the living: they are human, heartbroken, and lost. For the ghosts of Oak Hills Cemetery, the inefficient coping mechanism of dissociation perpetuates their afterlife imprisonment in the bardo. Bevins and Vollman suffer from a variety of dissociative symptoms, their minds’ psychological defense against the trauma that has …

How Gender Affects Writing: Jackson’S And Fitzgerald’S Portrayals Of Mental Illness, Cryslin A. Ledbetter

Criterion: A Journal of Literary Criticism

Cryslin Ledbetter's essay, "How Gender Affects Writing: Jackson’s and Fitzgerald’s Portrayals of Mental Illness" examines the similarities and differences between Shirley Jackson's We Have Always Lived in the Castle and Fitzgerald's Tender is the Night. Through a careful comparison of male and female writers, the author analyzes defining factors that effect the final product of each novel.

"A Crash Of Worlds": How Red Dead Redemption Ii Creates A World Where Players Experience Empathy Through Character Performance, Heather Rose Moser

Theses and Dissertations

Players of an open-world video game are more than merely audience members watching a narrative play out--they actively participate and perform in the world. Drawing from scholars like Edmund Husserl, Konstantin Stanislavski, Ossy Wulansari, and PJ Manney, this paper explores principles of performance, phenomenology, and empathy to examine how open-world role-playing games, specifically Red Dead Redemption II, help players experience empathy. Constructing this experience through character attachment, length of play, and identification in a safe experimental space, these games become a bridge leading to greater empathy for people who are different from the player. The immersive nature of these games …

A Descriptive Analysis Of Severe Maternal Morbidities In Southern Arizona, Joseph Sherman

Undergraduate Honors Theses

Introduction

Maternal morbidities and maternal deaths are rising at an alarming rate throughout the United States, despite advances in medicine and technology (Centers for Disease Control and Prevention [CDC], 2020). In 2020, maternal deaths climbed to its highest peak in thirty years, at 23.8 deaths per 100,000 births (CDC 2020; CDC 2022b). Maternal morbidities have also increased by nearly 200% from 1993 to 2014 (CDC, 2021). The startling rise in both maternal morbidities and maternal deaths is likely exacerbated by limited access to healthcare and the pervasiveness of chronic diseases such as obesity, diabetes, and heart disease (Carroll, 2017; Geller …

Narrative Archetypes And Paratextuality: Analysis Of Three Films By Christopher Nolan, Alycia Burnett

Theses and Dissertations

Nonlinear films display unconventional narratives that leave ambiguous endings that create rewatchability, making audiences want to rewatch and review the films. These films also create conversation on social media outlets and infiltrate discussion on popular culture. This rhetorical analysis examines narrative structure, narrative archetypes, and paratextuality of three nonlinear Christopher Nolan films: Inception, Interstellar, and Tenet. By examining how these different forms of narrative display the moral messaging and structure within each film, this analysis provides context in how nonlinear narratives promote rewatchability and create continuous paratexts. Through Nolan's films, nonlinear film styles create more than rewatchability as Nolan specifically …

Osteoarthritis And Cartilage Insult: Elucidation Of Molecular Interplay And Attempted Interventions, Brandon James Rose

Theses and Dissertations

Osteoarthritis (OA) is a common and incapacitating joint disease beginning with breakdown of articular cartilage and extending into subchondral bone. At present, the processes through which the disease occurs are poorly understood, and interventions are limited to pain relief and eventual joint replacement. OA is commonly associated with obesity and corresponding pathologies, and as OA is demonstrably not a product of passive erosion of cartilage over time or under increased loads there must needs be some other mechanistic link between the two conditions. We hypothesize that the production of ceramides, a hallmark of the insulin resistance syndrome underlying many obesity-related …

Aesthetic Response To The Fires At Notre Dame: A Case For Rhetorical Aesthetics Within Conventional Rhetorical Analysis, Amanda Clifford

Theses and Dissertations

The field of rhetorical aesthetics has a long and rich history. Despite that history, however, aesthetic artifacts have yet to be considered with the same weight that conventional rhetorical artifacts are. My project is to consider the rhetorical effectiveness of aesthetic artifacts, making a case for more inclusion of these types of artifacts in rhetorical theory. I will demonstrate the effectiveness of the aesthetic by performing a comparative analysis of both an aesthetic and conventional reaction to the 2019 fires at Notre Dame de Paris. By considering the constitutive power of the aesthetic, I will argue that the depth of …

The Use Of Nucleotide Salvage Pathway Enzymes As Suitable Tumor Targets For Antibody-Based And Adoptive Cell Therapies, Edwin J. Velazquez

Theses and Dissertations

Despite the progress made in cancer research, cancer remains one of the leading causes of death worldwide. Although the development of new cancer treatments has improved cancer patients' survival rate, a significant number of patients experience refractory and recurrence events with serious side effects. It is known that the immune system actively participates in eliminating cancer. However, cancer cells can develop mechanisms to evade the immune system resulting in immunotolerance. Immunotherapy aids the patient's immune system's ability to recognize and eliminate cancer cells. During the last three decades, immunotherapy has gradually emerged as an effective and more specific approach to …

The Inhibition Of Valproic Acid-Induced Negative Neurodevelopmental Outcomes Through Nrf2-Mediated Redox Regulation, Ted Brenton Piorczynski

Theses and Dissertations

Valproic acid (VPA) is a commonly prescribed antiepileptic drug that causes negative neurodevelopmental outcomes, including neural tube defects (NTDs) and neurodevelopmental disorders, in fetuses exposed to it. While the exact mechanism by which VPA causes defects is unknown, research has shown that VPA increases the production of reactive oxygen species (ROS) that lead to redox dysregulation. We hypothesize that VPA causes negative neurodevelopmental outcomes through the disruption of redox-sensitive signaling pathways that are critical for proper embryonic development, and that protection from the VPA-induced redox disruption may decrease the prevalence of the observed defects. Time-bred mice were treated with 3H-1,2-dithiole-3-thione …

Surfing The Waves: An Examination Of School Funding Litigation From Serrano V. Priest To Cook V. Raimondo And The Possible Transition Of The Fourth Wave, Christine Rienstra Kiracofe, Spencer Weiler

BYU Education & Law Journal

To mark the important anniversary of the landmark school finance case Serrano v. Priest, we examine the small(er) but important role that federal claims have played in school funding litigation.

A Tale Of Serrano: Three V. Priest, John E. Coons

BYU Education & Law Journal

Of my fifty-years of post-Serrano observations, the clearest is that more of the same is not the answer to this society's worst public school problem: our deliberate and unnecessary purging of the legal responsibility and authority of the lower-income parent, the same authority and responsibility so highly valued by the middle class.

State Courts And Education Finance: Past, Present And Future, Michael A. Rebell

BYU Education & Law Journal

Fifty years ago, few legal analysts would be predicted this spate of creative state court activity regarding educational rights.