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From President To Dictator: Anastasio Somoza Debayle's Fall From Grace In The American Press, Kara Molnar

The Thetean: A Student Journal for Scholarly Historical Writing

When news of Anastasio Somoza Debayle's Assassination in Paraguay reached Nicaragua, the reigning Sandinista government announced over radio that its citizens should "celebrate with joy the execution of Anastasio Somoza." Nicaraguans obeyed this command in force, dancing in the streets, filling downtown bars, and setting off fireworks late into the night. While U.S.-based journalists did not face this turn of events with such glee, they eagerly provided their own renditions of what precisely had transpired the morning of September 17, 1980, as well as the legacy Somoza would leave behind. Condemnations of the former Nicaraguan ruler as a "dictator" were …

"Yearning To Breath Free": American Policy's Impact On The Experience Of Imprisoned Migrants, 1980-1989, Samuel Johnson

The Thetean: A Student Journal for Scholarly Historical Writing

The evidence against the Immigration and Naturalization Service was clear. "The agent grabbed me by the arm and twisted it behind my back. He threw me against the van and held me by the arms while a second agent cook out his revolver and struck me very hard in the face, twice. I began to bleed profusely from the nose and mouth," recalled plaintiff Crosby Orantes Hernandez. "He told me that I would be placed in a cell with men, leaving me with the impression that I would be sexually molested," testified fellow plaintiff Dora Elia Estrada. Jose Sanchez Flores …

The Wolfenden Report: The Key To The English Gay Rights Movement, Ryan Hollister

The Thetean: A Student Journal for Scholarly Historical Writing

The history of homosexuality in Great Britain is long and complicated, extending all the way back to the Roman conquest. Romans had a tradition of homosexuality, but when Rome fell, churches became the authority on homosexuality, leading to numerous movements to fight against it. King Henry the 8th of England outlawed buggery, a term for anal intercourse, in 1533, and there are suspicions chat King James had homosexual relationships, but the scope of English history cannot be fully summarized in a paper of this length. Instead, this paper will focus on the British decriminalization of homosexual practices in the 1950s …

Power And Participation: Women's Participation In The Arab Spring And Its Impact On Women's Empowerment, Mary Harris

Undergraduate Honors Theses

Middle Eastern governments typically score at or near the bottom of indices measuring women’s rights and political participation. The Middle East also contains a large percentile of authoritarian regimes. The Arab Spring challenged these regimes' gender structures as they included vast female participation, but there is little existing research to understand the Spring's impact on opinions of women's participation and empowerment in the region. This study aims to add to existing research on this topic by analyzing Arab Barometer data from 4 questions dealing with opinions of women’s participation in society gathered before, during, and after the Arab Spring. I …

Project-Based Learning: An Online Support Product For Scaffolding The Professional Development In China, Yenny Mo

Instructional Psychology and Technology Graduate Student Projects

This project was a collaboration between Brigham Young University (BYU) in Provo, Utah, U.S.A., and Beijing Normal University (BNU) in Beijing, China. It aimed to enhance the effectiveness of the existing professional development (PD) program at BNU by developing an online support product. The PD program focuses on developing project-based learning (PjBL) cases and its implementation in a classroom.

This online support product that scaffolds the PD program using Articulate Storyline 360. Through a strategic integration of the ADDIE and RP models, I have created a tool that facilitates faster comprehension of PjBL concepts, enables effective design of driving questions, …

A Review Of Existing Literature Surrounding Female Educator Sexual Misconduct In Anglo-American Classrooms, Avery Barnes, Isaac Calvert

BYU Education & Law Journal

A 2004 literature review commissioned by the U.S. Department of Education estimated that one in every ten students would experience sexual harassment or abuse at the hands of an educator during their time in public schools. Even more alarming, multiple studies within Shakeshaft’s 2004 review suggested that this issue goes well beyond the reported data. At that time, leading social science research estimated that only 6% of children who were victims of educator sexual misconduct reported it. With significant developments in digital communications technologies since that 2004 study, researchers in the U.S. Department of Education have estimated that the number …

Let's Get Critical: The Rights And Obligations Of School District Stakeholders Under State Laws Limiting Or Banning Discussion Of Critical Race Theory In K-12 Classrooms, John E. Rumel

BYU Education & Law Journal

Critical Race Theory has moved from the halls of academia to the center of a national debate about the role of teachers in instructing students about race, race relations and the United States’ troubled history concerning those subjects. Addressing growing concerns over Critical Race Theory from the political right, state legislatures have responded quickly by enacting a host of Anti-Critical Race Theory (anti-CRT) bills that seek to expel Critical Race Theory from the classroom.

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.

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.

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 …

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 …

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 …

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.

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 …

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.

Immortality Through Obliteration: Buddhist Influences On Juche Thought, Christian Curriden

The Thetean: A Student Journal for Scholarly Historical Writing

North Korean Juche philosophy has come to be considered a quasi-state religion. Since its inception in the mid-192os as a slogan encouraging selfsufficiency and anti-Japanese struggle, it has undergone a series of changes. First, the focus of animosity changed from the Japanese to the Americans during the Korean War. During the 1960s, it morphed into a more comprehensive nationalist ideology emphasizing political independence, economic autarky, and military self-defense. With the addition of the "political-social body" concept in 1986, it evolved yet again into a quasi-religious metaphysical worldview, asserting that the leader, party, and people were all organs of an immortal …

The Implementation Of A Mass Casualty Simulation For Utah County Search And Rescue, Nathan Smart, Scott Summers, Craig Nuttall, Janelle Macintosh

Student Works

Background: Utah County’s population growth has precipitated a surge in search and rescue (SAR) missions, including mass casualty incidents (MCIs) in remote wilderness areas. Recognizing the critical need for enhanced preparedness in MCI response, Utah County SAR sought assistance to expand the training of their medical team in MCI. This project was initiated with the primary objective of augmenting the knowledge and readiness of Utah County SAR volunteers for managing MCIs in wilderness settings.

Methods: A one-day, on-site MCI simulation event designed by the project team was held at Rock Canyon, Provo, UT, on June 24, 2023. Focused …