Digital Commons Network^™

Volume 11 Issue 1 Complete Issue

Journal of Response to Writing

No abstract provided.

Reassessing The Use Exemption: Constitutional Tensions In The Lanham Act, Caleb Nelson, Abigail Peterson

Brigham Young University Prelaw Review

In today’s global economy, where new products and services are being created and marketed at an unprecedented rate, a fundamental inconsistency exists within U.S. trademark law. While domestic applicants in the United States are required to provide proof of use when applying for trademark registration, foreign applicants are statutorily exempt from providing evidence that they actually use their trademarks. This disparity, which has gone unaddressed for decades, puts small and mid-sized American businesses and individuals at a disadvantage to their foreign counterparts.

Security Or Suppression? Rethinking U.S. Policies Regarding Foreign Tech Firms And National Security, Gordon Mccreadie, Cade Morris

Brigham Young University Prelaw Review

Increasingly adversarial relationships between the United States and countries such as China, Russia, and Iran have resulted in legislative efforts to ensure the National Security of the United States by banning foreign technology firms deemed to pose a threat. Certain high profile bans, such as the ban of Huawei and potential ban of Tik Tok, have raised concerns that these bans are motivated by factors other than a legitimate national security threat. Failure to protect the rights of affected foreign firms could result in an anticompetitive, isolated U.S. market. This paper will analyze the legality of different efforts to ban …

Church And State Collide: The Constitutional Implications Of Louisiana's Ten Commandments Bill, Kimberly Aliaga

Brigham Young University Prelaw Review

: In the summer of 2024, Louisiana’s governor signed House Bill 71 (HB71), which mandated all K-12 schools to display the Ten Commandments in classrooms. While proponents of the bill claim it serves a secular purpose to promote morality and historical literacy, precedent cases like Stone v. Graham (1980) suggest otherwise. By requiring the display of the Ten Commandments in public classrooms, HB71 is a violation of the Establishment Clause and Free Exercise Clause found in the First Amendment. This article analyzes the bill by comparing it to similar cases, and by applying both the Lemon and Endorsement Test to …

Profits And Paramilitaries: The Kiobel Conundrum And Corporate Liability, Ben Duffield, Mark Norton

Brigham Young University Prelaw Review

In 2013, the Supreme Court severely limited the extent to which U.S. courts could adjudicate on international human-rights violations with their ruling in the landmark case Kiobel v. Royal Dutch Petroleum Co. (2013). This change has led to strong divisions among lower courts about how to determine whether a foreign-based tort may “touch and concern” the territory of the United States with sufficient force to allow the case to have standing. This is especially true for foreign-based torts brought against corporations. This division has had a substantial impact on the ability of foreign citizens to find legal redress for human …

Closing The Distance Between Congress’S Intent And Fosta’S Text, Grant F. Gurr, Henry Purser

Brigham Young University Prelaw Review

It has now been almost thirty years since Congress enacted the Communications Decency Act (CDA), and during that time, sex trafficking has become deeply intertwined with social networking and online advertisements. Internet service providers not only facilitate and profit from online sex trafficking and related crimes like the distribution of child pornography, but, thanks to CDA Section 230, these companies are largely immune to victim-led legal challenges. In 2018, Congress passed the Fight Online Sex Trafficking Act (FOSTA) to limit this immunity and provide victims with legal recourse. However, scholarly consensus suggests that FOSTA has failed to achieve its intended …

Publisher's Note, Kris Tina Carlston

Brigham Young University Prelaw Review

No abstract provided.

Editor In Chief & Managing Editor's Note, Julia Waters, Annabelle Crawford

Brigham Young University Prelaw Review

No abstract provided.

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.

Offering Alternatives To Biblical Literalism May Be The Key To Increasing The Public’S Acceptance Of Evolution, Jamie Jensen, Dalton Bourne, Kenneth Harrington, Grant Rousseau, Jessica Abele, Daniel Ferguson

ScholarsArchive Data

These are data from two cohorts: a nationwide dataset, and a BYU-specific student dataset. We gathered information on evolution acceptance (using the I-SEA), biblical literalism (using the EALS) and religiosity (using the Sethi and Seligman instrument).

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 …

Fifty Years Of Exponent Ii, Karen Glenn, John Murphy, Bethany Budge

Faculty Publications

Drawing from the Exponent II Records (MSS 1527) in the L. Tom Perry Special Collections, this exhibit featured photographs, writings, and records that document the first fifty years of the periodical Exponent II, a publication dedicated to Latter-day Saint women's voices. Display items included letters, original and draft publications, advertising materials, and scrapbook pages.

The exhibit illustrates that Exponent II has played a significant role in preserving and amplifying the voices of Latter-day Saint women for five decades.

Poems By The Incomparable Mrs K. P. (The Tutin Manuscript), Washington Pearce

Student Works

Katherine Philips (1 January 1631/2 – 22 June 1664) was an Anglo-Welsh Royalist poet and translator. Philips authored over a hundred poems on female friendship, theology, politics, and the nature of souls before an early death by smallpox in 1664. Two volumes of Philips’s work were published in 1664 and 1667 (posthumously).

This volume is a diplomatic transcript of her autograph manuscript known as Tutin, now held in the National Library of Wales (MS 775B). Included in the transcript are the missing sections of several poems taken from the 1664 edition of Poems by the incomparable Mrs. K.P. and the …

Exploring Teacher Perspectives Of Literacy Instruction For Students With Behavioral Needs, Lauren Dalton Astle

Theses and Dissertations

This study examines the perceptions of elementary teachers who have implemented effective literacy instruction strategies to enhance the reading skills of students with significant behavioral challenges in general education classrooms. Recognizing that students with behavioral issues often face amplified academic and social difficulties, the study highlights the necessity of robust literacy instruction to foster academic success. Nineteen teachers, whose students achieved at least 85% student progress in reading as assessed by the Acadience Learning assessments, were interviewed to gather their perceptions of effective instructional practices. The findings identified four critical themes: teacher efficacy, instructional design, an intentional learning environment, and …

Evaluating And Improving U.S. National Water Model Evapotranspiration Estimates Through Eddy-Covariance Flux Tower Observations And Machine Learning Post-Processing, Abin Raj Chapagain

Theses and Dissertations

Despite ET's critical importance in the hydrological cycle, very little has been done to provide ET forecasts at a national level. This study comprises two research chapters examining the National Water Model's (NWM) evapotranspiration (ET) simulations. In Chapter II, we conducted the first comprehensive NWM ET model performance assessment by comparing simulations to eddy-covariance flux tower measurements across the Continental United States (CONUS) on a high-resolution, 1 KM square grid. We clustered results by National Weather Service (NWS) River Forecast Centers (RFCs), land cover classifications, elevation bands, and Köppen-Geiger Climate Zones. The NWM performs best in the Northeast and Ohio …

Latest Research (Academic Summaries): Partnerships And Collaboration, Erica Bassett, Lakell Archer, Sumaya Ali, Emma Indart

Journal of Nonprofit Innovation

This section focuses on summarizing the latest research in partnerships and collaboration in the nonprofit sector. This section can be considered a literature review of the latest studies.

Full Issue: Joni March 2025, Partnerships And Collaboration, Angie Holzer

Journal of Nonprofit Innovation

No abstract provided.

Leading Nonprofit Success Through Collaboration And Partnerships, Lakell Archer, Erica Bassett

Journal of Nonprofit Innovation

Abstract

Nonprofit organizations play a crucial role in addressing societal challenges, yet they often operate in a competitive environment with limited resources. To maximize impact and long-term sustainability, strategic partnerships and cross-sector collaborations have emerged as essential approaches. This paper explores the benefits of nonprofit collaboration, emphasizing its role in creating strategic advantages, improving service delivery, fostering innovation, and ensuring long-term resilience. The discussion highlights how collaborative leadership is key to overcoming barriers such as competition for funding, misaligned objectives, and trust deficits among partners. By examining real-world examples, the paper illustrates how effective partnerships enhance resource sharing, streamline operations, …

Enhancing Accountability And Transparency In Nonprofit Organizations: Examining The Impact Of Limited Regulatory Oversight In Africa Sub-Saharan Africa, Barnabas Iwia Suva

Journal of Nonprofit Innovation

Nonprofit organizations continue to positively impact society by playing a vital role in addressing social, economic, and humanitarian challenges worldwide. Governments in sub-Saharan Africa attract nonprofits by having less strict regulatory requirements. One of the unintended outcomes of operating in a less stringent regulatory framework is that transparency and accountability standards may be compromised. Inadvertently, having less stringent regulatory requirements may create governance gaps, information asymmetry, mission drift, donor mistrust, and sustainability challenges. Accountability and transparency are essential for fostering trust, continuous improvement, measuring impact, gaining stakeholder confidence, and achieving sustainable impact even with the scarcity of resources. Transparency can …

Poor Cancer Prevention And Detection In Zimbabwe, Kenyon C. Chipman

Journal of Nonprofit Innovation

Abstract

In the aftermath of the HIV/AIDS epidemic, Sub-Saharan Africa, particularly Zimbabwe, has witnessed a surge in noncommunicable diseases such as cancer. Despite the decline in HIV/AIDS and other cancer-associated illnesses like HPV, these diseases have set the stage for a growing cancer epidemic. Key contributing factors to this rise include a lack of knowledge about cancer among both patients and health professionals, the prevalence of cancer-associated communicable diseases, and limited accessibility to early detection and prevention services and resources. These factors have led to late diagnoses, increased burden on the healthcare system, and adverse effects on individuals and families. …

Ballard Brief And Joni: A Collaborative Partnership, Becca Linford

Journal of Nonprofit Innovation

No abstract provided.

Sustainability Reporting On Nonprofit Organizations: A Perception Study On The Level Of Indicator’S Adequacy In Social Action Entities, Ainhoa Saitua Iribar, Javier Corral Lage, Noemi Peña Miguel, Izaskun Ipiñazar Petralanda

Journal of Nonprofit Innovation

The information reported by Nonprofit Organizations (NPO) is a fundamental signal to obtain financing of donors and also legitimacy of its activities in a stakeholder approach. But nowadays, companies and other types of entities are more obliged to provide information on their sustainability performance and risks. By means of a survey in a region of Spain, the purpose of this study is to select the main indicators that apply to Social Action Entities from the Third Sector (SAETS) to hold them accountable for the impact of their activity in social, environmental, and good governance terms. The results will contribute to …

Child Malnutrition In Argentina: An Examination Of It Root Causes, Effects, And Innovations To Intervene, Brooklyn Richins

Journal of Nonprofit Innovation

Abstract:

Child malnutrition rates in Argentina have been on the rise, driven by factors such as income inequality, harsh climatic conditions, and geographic isolation, leading to an increased reliance on highly processed, nutrient-poor foods. This escalating issue has wide-ranging health and educational implications, including poor neurocognitive development, higher rates of hypertension, and greater risks of obesity and diabetes. Particularly in impoverished regions, like Jujuy, malnutrition exacerbates disparities in child health outcomes and educational achievement. Though international organizations like UNICEF and Bountiful Children’s Foundation are working to address malnutrition through supplements, education, and screenings, gaps in program implementation persist, especially in …

Becoming A Network Of Networks: G20 Interfaith Forum, Marianna Richardson

Journal of Nonprofit Innovation

No abstract provided.

Evaluation Of Background Music In Listening Assessment Items For English Language Proficiency, Jennifer Hansen

Instructional Psychology and Technology Graduate Student Projects

The purpose of this evaluation was to determine how background music in authentic intermediate-level listening items affects the scores and experience of the English language learners taking the Adaptive Listening Test created by the Center for Language Studies at Brigham Young University. The evaluation research found that background music does not significantly affect test difficulty or student performance. The analysis showed a strong correlation between the difficulty levels of items with and without music. Survey results and test scores revealed that students' feelings about items with background music had no measurable impact on their performance, either positively or negatively. Since …

In-Situ Density Measurement For Enhanced Electrorefining Material Accountancy, Edward Mercado, Carlos Mejia, Ranon Fuller, Devin Rappleye

Student Works

To further enhance the proliferation resistance of electrorefining (ER) processes, precise and reliable analytical methods are essential for determining the inventory of fissile material. This can be achieved by electrochemically measuring the salt concentration and converting it to mass using its density. However, the density within the refiner is not fixed, and small variations in salt composition can significantly impact its thermophysical properties. While an ideal mixing model provides reasonable density estimates (with errors up to 2-3%), such errors are unacceptable when precise material accountancy of fissile material is crucial. This study developed a methodology to measure density in situ …