Digital Commons Network^™

The Routine War Crime? Double-Tap Drone Strikes Under Customary International Humanitarian Law, Nathan Swenson

Brigham Young University Prelaw Review

The "double-tap" drone strike tactic, in which a drone hits a target twice in rapid succession, has garnered much international attention in recent years. This paper assesses the legality of those strikes under conventional international humanitarian law, specifically within the framework of the Geneva Conventions. I argue that the double-tap tactic is not necessarily illegal if proper steps for compliance with international humanitarian law are taken by commanders. However, many circumstances demonstrate that appropriate measures are often not taken in the status quo. I argue that such situations should be deemed as war crimes and prosecuted accordingly by international legal …

Fences, Fields, And Fourth Amendment Rights: Limiting The Powers Of Game Wardens, Ryder Schone

Brigham Young University Prelaw Review

Since the establishment of the Open Fields Doctrine in 1924, both private and public lands not immediately surrounding a home or commercial building have been open to search and seizure by U.S. game wardens. Owing to a century of access without judicial supervision, the powers of game wardens have expanded to a state of overreach which violates the Fourth Amendment rights and privacy of citizens. This paper proposes a federal statute that clearly delineates the circumstances under which game wardens can enter private property. Legal scholars generally agree on the need for reform; however, current discussions often fail to address …

Front Matter

Brigham Young University Prelaw Review

No abstract provided.

Too Much Time Alone: Disciplinary Segregation As A Cruel And Unusual Punishment, Elijah Swolgaard, Spencer Schlag

Brigham Young University Prelaw Review

Disciplinary segregation has historically been used as an arbitrary form of punishment in American prison systems. The severe psychological effects of this confinement allow it be classified as a cruel and unusual punishment under the Eighth Amendment and generally lead to higher recidivism rates. This Note argues that in order to prevent these effects from occurring, disciplinary segregation should be ruled unconstitutional. Previous scholarship has argued for removal of solitary confinement generally. In contrast, this Note argues for the removal of disciplinary segregation specifically, while maintaining the use of necessary forms of solitary confinement such as administrative segregation. This will …

Abuse, Neglect, And Abandonment: The Need To Protect Immigrant Minors Through Standardized Definitions, Bailey Morris Gurr, Lila Bird Williams

Brigham Young University Prelaw Review

Special Immigrant Juvenile Status (SIJS) applications are inconsistently adjudicated across states due to varying definitions of abuse, neglect, and abandonment. This inconsistency creates geographic disparities in protection, leaving vulnerable immigrant minors at risk of deportation; in the worst-case scenario, children who meet the criteria in one state may be denied in another and sent back to unsafe or life-threatening conditions. This paper argues for federal oversight to standardize SIJS criteria by amending the Child Abuse Prevention and Treatment Act (CAPTA) to establish unambiguous definitions of abuse, neglect, and abandonment, ensuring fair and consistent adjudication nationwide. Legal scholars widely recognize the …

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

“It Is Now In Flames, But It Will Never Burn Down”: A Conservation Of Resources Perspective On Resilience In The Yugoslav Wars, Sarah Denton

Undergraduate Honors Theses

The genocides, sieges, and brutal longevity of the Yugoslav Wars profoundly affected the lives of millions of people across the Balkans. Here, the theory of Conservation of Resources (COR) has been applied to contextualize the trauma and regrowth of survivors of these wars. COR theory suggests that people work to protect, maintain, and expand their resources, such as material assets, desirable personality traits, and religion. The threatening or actual loss of these resources induces stress. In environments that threaten or deplete many resources—such as war—other resources become essential for survival and healing. Applying this theory to the memoirs and oral …

The Efficient Judges Hypothesis: Testing The Role Of Public Sentiment In Alj Decisions, James Hamilton

Undergraduate Honors Theses

Administrative law judges (ALJs) play a significant role in the appeal process of the United States Social Security Disability Insurance (SSDI) program. This paper tests whether ALJ decisions are ”efficient” - based solely on case characteristics - or influenced by other factors, such as public review. Leveraging the random assignment of cases to ALJs within hearing offices, I analyze variation in ALJ award rates over time. The results show that while case characteristics influence ALJ decisions, they do not fully explain the decisions, suggesting the presence of additional explanatory factors.

I explore the impact of public review on ALJ decisions …

Delaying Marriage And Its Impact On Future Income: A Historical Econometric Analysis (1900-1940), Britton Davis

Undergraduate Honors Theses

I investigate the impact of delaying marriage on future income using historical data from the 1900–1940 United States Decennial Censuses. While existing literature suggests that marriage positively affects income, little is known about the financial implications of postponing marriage. I address that gap in knowledge by employing an instrumental variable framework, exploiting the effect of serving in WWI on age at marriage as an exogenous instrument, to determine the effect of delaying marriage on personal income. I leverage the Census Tree project to link individuals across census years, finding their siblings, age at first marriage, veteran status, and income. I …

Measuring Support For Democracy Through Public Understanding: A Conjoint Survey Approach, Kendra Pinegar

Undergraduate Honors Theses

In this thesis, I explore how individuals conceptualize democracy and whether their support is based on democratic principles or its outcomes. Using a conjoint experiment in Chile and Peru, I examine how respondents define democracy, assess governance, and adjust their support based on institutional attributes. My findings show that citizens struggle to distinguish between democracy’s core institutions and the broader social and economic conditions they associate with it. Their support is often tied to government performance rather than democratic principles. Moreover, they favor their own definition of democracy over an objective, institutional one, revealing a disconnect between public perception and …

Adjudicating Utah Public Records Requests: A Textual Analysis Of Relevant Appellate And Supreme Court Decisions, Zoe Cook

Undergraduate Honors Theses

The purpose of this thesis project is to identify the boundaries that have been established by the Utah courts between disclosure and non-disclosure of government records. This analysis focused on the legal theory of balancing public interest in disclosure vs. the rationale for some government records being retained as confidential.

Materiality In The Csr-Investor Reaction Relationship: A Replication And Extension Of Flammer (2013), Steven D. Kofford, Myles Melancon, Ben W. Lewis

Faculty Publications

We replicate and extend Flammer’s (2013) event study of investor reaction to environmental corporate social responsibility (CSR). Flammer found that investors reacted positively to eco-friendly events and negatively to eco-harmful events from 1980-2009 and that reaction to positive events decreased while reaction to negative events increased over time. We find similar results for Flamer’s original sample and an expanded sample including the same type of firms (U.S.-listed public firms) from 1980-2019. We then extend Flammer’s results by examining how materiality affects investor reaction over time. We find that investors only react to material events and that positive reaction to material …

Filipino American Parents' Experiences With The United States Special Education System: A Qualitative Study, Greyagail Custodio Surio

Theses and Dissertations

While there have been studies on Asian American (AA) parents' experiences with the U.S. special education (SPED) system, there have been no studies on Filipino American (FA) parents' experiences with the SPED system. As FAs are the third largest Asian group in the United States., there is a need for special education research to be conducted with this population. Interpretative phenomenological analysis (IPA) interviews were conducted over Zoom with FA parents of children receiving SPED services. Participants resided in various states in the United States (n = 10). Participants reported varied and nuanced experiences related to advocacy, working with the …

A Brief Introduction Of The Upi Method, Yoshihiko Ariizumi

Learning, Teaching, & Researching Optimization

This brief article introduces the UPI method which helps you to improve any skill, talent and ability.

Adapting Biological Mechanisms Into Machine Learning Structures And Gradient Propagation, Hao Yu

Theses and Dissertations

As neuromorphic computing gains traction, researchers look for learning schemes that are more suitable for brain-like structures. Although many algorithms have been discovered, such as surrogate gradient or Spike Timing Dependent Plasticity, those algorithms are either unsuitable for on-chip training or not biologically aligned. The goal of this thesis is to discover a learning algorithm which is biologically aligned and suitable for on-chip training. Through the discoveries of our two papers, we are able to introduce the concepts of synaptic clefts and neurotransmitters into a common spiking neuron network. We also designed an error propagation method aligning with biology. With …

Full Issue

Intuition: The BYU Undergraduate Journal of Psychology

No abstract provided.

Overcoming Social, Cultural, Physical And Covid-19 Barriers To Treatment For Eating Disorders Through Teletherapy, Wyatt W. Capener

Intuition: The BYU Undergraduate Journal of Psychology

Eating disorders (EDs) are among the deadliest of mental illnesses and may affect female, male, sexual and gender minorities, young, and old populations. The effects of EDs burden individuals with cultural, social, and physical inhibitors to seeking treatment and therefore may go untreated. Additionally, there is a nationwide lack of access to mental health professionals. EDs may link to a decrease in the quality of life and an increased mortality rate; therefore, it is imperative that individuals afflicted with EDs have access to treatment. The variety of symptoms associated with EDs calls for flexible solutions. The COVID-19 pandemic has affected …

Using Unmanned Aerial Vehicles To Facilitate Traffic Incident Management, Adam William Hill

Theses and Dissertations

Incident management teams (IMTs) minimize crash impacts and create a safer highway network for people and communities. Research has shown that optimizing the IMT fleet has strong benefits to the roadway network, but future models indicate that increasing IMT presence may have diminishing returns after excessive roadway saturation. The Utah Department of Transportation (UDOT) would like to improve situational awareness in areas of poor or limited camera coverage, where situational awareness is typically poor. UDOT is considering the use of unmanned aerial systems (UAS) to provide live camera coverage of traffic conditions in these instances. This thesis synthesizes practice from …

Laina Farhat-Holzman: Distinguished Iscsc Author, Incisive Thinker, Fearless Commentator, Innovative Leader, Joseph Drew

Comparative Civilizations Review

It is a sad duty to report that a luminary who was long associated with this journal and with the leadership of the International Society for the Comparative Study of Civilizations, Dr. Laina Farhat-Holzman, has died.

The Uses And Challenges Of Teaching Writing With Artificial Intelligence, Tom Henry

The Utah English Journal

Computers and Composition recently noted: “In less than a year, ChatGPT hit 100 million weekly users which made it the fastest-growing consumer Internet application to date. The ease, practicality, and ability to compose both in text and multimedia has made generative AI technology (like ChatGPT) ubiquitous” (Ranade and Eyman, 2024). Popularity aside, the question should be asked: Can students use AI ethically? A white paper from UNESCO puts forth the proposition that “Technology is never ideologically neutral… New generative AI models and utilities are no exception” (Giannini, 2023, p.3). Collating these claims, there are tasks where AI is ethical and …

Ethiopia: Ancient Glory, Awaiting Recovery, Tseggai Isaac

Comparative Civilizations Review

The name Ethiopia is associated in the Book of Genesis with the creation of the world, indicating a sacred and ancient heritage. We find Ethiopia mentioned as having relations with the ancient Biblical nations such as Israel, Egypt, Assyria, and Mesopotamia. Ethiopians get uplifting gratification in reading specific scriptural references from the Bible and applying them to the country. These Biblical allusions include discussion of the Queen of Sheba and her son, King Menelik the First, born from her relationship with King Solomon, who was himself the son of King David, the founder from whom came the lineal parentage of …

Russia’S Geopolitical Civilizational Narratives And Strategic Direction In The Contemporary Multipolar World Order, Sharyl Cross, Igor Okunev

Comparative Civilizations Review

This article sets forth the foundations for recent geopolitical civilizational narratives in Russia that are influencing Moscow’s contemporary foreign policy behavior and the future direction of the Russian “civilizational state” in the global multipolar world order. This article is not intended to provide justification for Russia’s foreign policy choices and actions, but rather the purpose is to explain Moscow’s official geopolitical narratives, and thus to provide a deeper and more comprehensive understanding of the considerations informing Russia’s foreign policy behavior.

Vladimir Putin has been at the helm of leadership in Russia exerting unparalleled influence as President and Prime Minister since …

How Companies Heal And Maintain Health: A Unique Function Of Corporate Museums In Japan, Aki Kinjo

Comparative Civilizations Review

Capitalism is embedded in our civilization. Despite its faults, weaknesses, and sins, modern civilization cannot prosper without capitalism. Companies are the engine of capitalism. Yet, just like humans, companies make mistakes, sometimes gross. How do companies overcome unforgivable mistakes? This paper argues that corporate museums in Japan play an important role in helping companies heal from their sufferings, recover, and maintain organizational health.

I deploy a cultural approach to management, analyzing corporate museums as a platform for conveying explicit and hidden narratives. A cultural approach to Japanese management helps us understand why Japan has so many corporate museums, well …

How The State Replaces Civilization: The Japanese Exception, Robert Bedeski

Comparative Civilizations Review

By conceptualizing civilization and state as integrated systems consisting of interacting subsystems, their similarities and differences can be analyzed. The central hypothesis is that civilization consists of three material subsystems — economy, government, and knowledge — and one non-material subsystem, transcendence. When the transcendent subsystem is diminished or destroyed by decree or overwhelming rational and scientific evidence, the emergence of the state occurs as in the cases of the Mongol Empire, the Soviet Union, and communist China.

The apparent universality of this observation is countered by an examination of the Japanese civilization and state, where imperial transcendence dominated and reinforced …

The Rise Of China And The Concept Of Civilization: Constructing A Conceptual Apparatus For Cross-Civilizational Comparisons, Liah Greenfeld

Comparative Civilizations Review

The Rise of China and the Concept of Civilization: Constructing a Conceptual Apparatus for Cross-Civilizational Comparisons

The paper examines the deficiencies of the current understanding of “civilization” in the social science literature, among others exemplified by “civilizational analysis,” and proposes a new concept that adds to the conceptual apparatus of sociological theory — a new, fully independent of others, variant of the cultural process. This independence makes distinctions between civilizations as the root cause of socio-cultural diversity.

Combined with the idea of humanity as a culturally constituted reality sui generis, this concept allows the construction of the theoretical scaffolding …

The Germanic Legends Of The Gold Of The Rhine And Their Āryan Sources, Alexander Jacob

Comparative Civilizations Review

Medieval German legends regarding the gold of the Rhine have both a mythological source, as the gold of the Nibelung dwarf Andvari, and a historical Burgundian one, as a hoard possessed by the Burgundian princes. Here we point to more ancient sources of these legends, ones that are to be found in the cosmological myths and rituals of the Āryans.

Plants, Protests, Pachakuti: How Trees March And How People Tree, Ashley A. Lundquist

Theses and Dissertations

This thesis explores the multi-faceted role of plants, specifically Wituk and Manduru, in Amazonian protests and environmental advocacy. By examining the communicative and relational ontologies inherent in Runa culture, the study elucidates how plants influence social movements and contribute to environmental protection. Wituk and Manduru create paint. Paint facilitates good communication which creates good relationality. Good relationality allows for increased capacities and inhibits greedy consumption allowing for a balanced world order. Through the use and agency of Wituk and Manduru, movements become multi-species phenomena in which ecological entities combine with Runa bodies. The relationships shared between Runa, Wituk, and Manduru …

Using Rna-Sequencing To Explore Mechanistic Markers, New Therapeutics, And Immune Imbalance: A Study Of Cancer And Autoimmunity Through The Lens Of Triple Negative Breast Cancer, Systemic Lupus Erythematosus, And B-Cell Non-Hodgkin's Lymphoma, Naomi Lydia Rapier-Sharman

Theses and Dissertations

Cancer and autoimmune diseases both impose a substantial healthcare burden on the US and world populations. In 2016, there were over 17 million cases of cancer, leading to nearly nine million deaths. Additionally, autoimmune diseases cause substantial mortality and morbidity and are present in 3-5% of the general population. Despite the increased attention scientists now give diseases that are impacted by immune imbalance, we have yet to find regimens to treat the core cause(s) of tissue dysfunction without drastically decreasing the quality of life for many patients with either cancer or autoimmune disease. For instance, anti-CD19 Chimeric Antigen Receptor (CAR) …

Transfer Learning For Thickener Control, Samuel Arce Munoz, John Hedengren

Faculty Publications

Thickener control is a key area of focus in the minerals processing industry, particularly due to its crucial role in water recovery, which is essential for sustainable resource management. The highly nonlinear nature of thickener dynamics presents significant challenges in modeling and optimization, making it a strong candidate for advanced surrogate modeling techniques. However, traditional data-driven approaches often require extensive datasets, which are frequently unavailable, especially in new plants or unexplored operational domains. Developing data-driven models without enough data representative of the dynamics of the system could result in incorrect predictions and consequently, unstable response of the controller. This paper …

Research Process Toward The Creation Of Transgenic Beetles, Taylor Coffman, Christian Mccombs, Jonah Jex, Chris Daley, Brian D. Jensen, Sandra Hope Ph.D

Library/Life Sciences Undergraduate Poster Competition 2025

Create a generalized efficient procedure for the reliable creation of transgenic insects.