Digital Commons Network^™

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 …

Front Matter

Brigham Young University Prelaw Review

No abstract provided.

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.

主の祈りを身近なものに, Yoshihiko Ariizumi

Spiritual Proficiency

「主の祈り」の日本語訳に作曲した経験について述べています。総大会やいろいろな機会にたくさんの霊感あふれる話を聞いているわたしたち教会員ですが、ともすると感動があっても、いざ実行となると大きな壁が立ちはだかっていて、生活を変えることは容易ではありません。この記事の中の４つのステップに従うと、それは楽な努力ではないですが、確実に結果を出すことができます。

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 …

A Letter From The Editor, Amelia Watterson

Sigma: Journal of Political and International Studies

In a world that is increasingly plagued by insensitivity, ignorance, and incivility, there is an exigent need for individuals to learn to look past their own cultural and ideological boundaries. Investing time in learning about other people, viewpoints, cultures, and communities is an enabling process that allows us to recognize our blindspots and step outside of our own privileges, prejudices, and preconceptions. Even if we never come into personal contact with the communities or people we learn about, we honor them by learning their stories and ensuring they are not forgotten in the world. People need to be understood, and …

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.

Nonprofits Should Adopt A User-Centric Change Model To Scale Corporate Environmental Action Faster, Doug Miller

Journal of Nonprofit Innovation

Pollution levels and ecosystem degradation continue to worsen, suggesting the insufficiency of current approaches to reverse these problematic trends. For environmental nonprofits, the current theory of change revolves around developing techno-economic analysis about environmental problems and available solutions, building public awareness around this analysis, and motivating decision makers to set goals. Given present environmental realities and the limited success of their current theory of change, environmental nonprofits should transform how they execute their work, what they produce, and how they coordinate with each other. Instead, nonprofits should begin putting the user—business decision makers as well as policymakers—front and center as …

Russia: Increased Corruption And Deterioration Of Freedom, Is There Hope?, Angie Holzer

Journal of Nonprofit Innovation

Since Vladimir Putin came to power in 2000, Russia has been plagued by widespread political corruption (Warren, 2023; Vasilev & Felton, 2024). This corruption has been characterized by the misuse of public funds, bribery, and extortion. It has also involved the suppression of political dissent and the erosion of democratic institutions. As corruption runs rampant within the Russian government, neighboring countries are also recipients of corrupt efforts to destabilize their governments, erode their democracy and jeopardize the support these neighboring countries can give to the security of Euruope as a whole (Stănescu, 2023). There is an increasing need for the …

Encapsulation And Release Of Calcein From Herceptin-Conjugated Eliposomes, Mah Noor Zafar, William G. Pitt, Ghaleb A. Husseini

Faculty Publications

Achieving an optimal therapeutic level is crucial in effectively eradicating cancer cells during treatment. However, conventional chemotherapy-associated systemic administration of anticancer agents leads to many side effects. To achieve the desired control over the target site, active targeting of HER2-positive breast cancer cells can be achieved by conjugating liposomal vesicles with Human Epidermal growth factor Receptor 2 (HER2) and inducing release of the encapsulated drug using ultrasound. To further enhance the delivery efficiency, nanoemulsion droplets exhibiting responsiveness to low-frequency ultrasound are encapsulated within these lipid vesicles. In this study, we prepared four different liposomal formulations, namely pegylated liposomes …

Full Issue

The Thetean: A Student Journal for Scholarly Historical Writing

No abstract provided.

Faithful In Friendship: Dietrich Bonhoeffer's Self-Perception As Portrayed By His Relationship With Eberhard Bethge, Greer Bates

The Thetean: A Student Journal for Scholarly Historical Writing

Shortly before Christmas 1943, Dietrich Bonhoeffer sat at the desk in his cell at Berlin's Tegel Prison to pen letters to the loved ones he left behind when the Gestapo arrested him on charges of conspiracy against the Fuhrer. Bonhoeffer recently passed the eight-month mark since his arrest, and he had given up hope of being released to his family in time for the holiday. "There's probably nothing for it but to write you a Christmas letter now to meet all eventualities," he opened a note to his parents, explaining that he had accepted the fate of not spending Christmas …

"Millions Shall Know Brother Joseph Again": The Joseph Smith Papers Internship, M. Jordan Kezele

The Thetean: A Student Journal for Scholarly Historical Writing

Despited his prophetic Calling, it is doubtful that Joseph Smith knew when he established the Church in 1830 that it would take twenty-four large folio volumes of records to document his fourteenyear ministry. Nor did he foresee the dozens of historians, millions of dollars, and impressive research library that The Church of Jesus Christ of Latter-day Saints would devote to the history's assembly. The Joseph Smith Papers Project, commenced in 2001, will publish every known and available document composed or dictated by Joseph Smith from 1828 to his martyrdom in 1844. Magnificent in scope, chis mountain of work encompasses a …

Book Review: Manchester, William, And Paul Reid. Ihe Last Lion, Winston Spencer Churchill· Defender Of The Realm, Carson Teuscher

The Thetean: A Student Journal for Scholarly Historical Writing

In the darkest days of World War II, when Germnay had conquered most of mainland Europe and the future looked bleak for those who opposed Hider and his armies, the world relied upon the decisive leadership and action of men like Winston Spencer Churchill. After painful defeats at the war's outset, Churchill's spirited rhetoric inspired Britons to rally together like a lion to resist the Axis Powers. Churchill, of course, believed that his people had "the lion heart"; but as Paul Reid wrote, Churchill "supplied the roar."