Digital Commons Network^™

Wish-Making As Folklore, Kate Ashman

Final Projects

About the folklore surrounding wishes.

Ted Bundy Tales, Jalen Fairchild

Final Projects

About the folklore surrounding Ted Bundy. Includes interviews about legend and personal narratives about encountering the infamous Ted Bundy.

Eve And Lilith - The Women Of The Garden And Their Place In Modern Post-Christian Feminism, Zachary Gallafent, Alexis Lopez

Final Projects

Beliefs about Eve and Lilith and their role in modern feminism

Potential Priestesses: Vernacular Beliefs On Women And The Priesthood, Wesley Allred, Trevor Craven

Final Projects

About women and the priesthood, women's roles in the church, and women's beliefs about changing policy and theology in the Church of Jesus Christ of Latter-day Saints.

The Adlab: Folklore Of Excellence, Melanie Black, Anabelle Peterson

Final Projects

Folklore about the BYU American Advertising lab as a renowned featured among many majors on campus.

Meme In Folklore, Joseph Holmstead

Final Projects

About memes as folklore. Includes memes curated by creator.

The Mixtape As Modern Folk Art, Claire Jenkins

Final Projects

About modern mixtape/playlists as artistic expression.

The Four Species Of The Dating Catfish, Sage Sutton

Final Projects

About variances of catfishing in dating culture.

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 …

Adult Conservatorship In The United States: Flaws And Proposed Solutions To The Legal System, Margaret Sheffield, Alex Stevens

Brigham Young University Prelaw Review

Despite attempts to protect incapacitated adults in the United States, financial exploitation of the elderly and disabled remains a serious problem. Adult conservatorships are often established to offer incapacitated adults protection. However, many cases of adult conservatorships lead to increased abuse due to lack of accountability from conservators. This paper provides a brief overview of abuse towards incapacitated adults and proposes a solution in the form of a federal office entitled the Office of Adult Conservatorship and Guardianship Enforcement (OACE) which would be established under the United States Department of Health and Human Services.

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 …

Making The Case For Paid Parental Leave In The United States, Jane Johnson, Sarah Calvert

Brigham Young University Prelaw Review

Despite being one of the most influential countries in the world, the United States is still one of only three developed countries that does not mandate paid parental leave on a federal level. Although some federal legislation does offer unpaid leave, these laws are insufficient to meet the needs of working parents. This paper examines existing parental leave laws to highlight the duration of leave and methods of funding used by some U.S. states and other countries worldwide. We also review multiple studies that demonstrate benefits of paid parental leave for both parents and children. This paper ends with a …

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.

Ghosts’ Stories: Addictive Behaviors And Complicated Grief In George Saunders’ Lincoln In The Bardo, Jc Leishman

Criterion: A Journal of Literary Criticism

When experiencing the natural motions of the grieving process, some individuals encounter an inability to pass this process by a phenomenon known as complicated grief. To deal with the cyclical trauma this causes, the human mind seeks to engage in addictive behaviors (both substantive and behavioral) that work to artificially and momentarily circumvent grief. This process, as it appears in George Saunders' experimental novel, Lincoln in the Bardo, reveals a depth of commentary on human attachments and grieving processes through the lives and narratives of ghosts found in the bardo.

To Put Her In Her Place: An Interrogation Of Death And Gender In Shakespearean Tragedy, Isabella A. Zentner

Criterion: A Journal of Literary Criticism

This analysis investigates the gendered implications of Shakespearean heroines' deaths. Using Macbeth, Antony and Cleopatra, and Titus Andronicus as case studies, evidence is drawn from the text. This evidence is then supported by extensive historical research and reference to external critical studies of these tragedies. By identifying the gendered aspects of these heroines’ deaths, one can gain a greater understanding of Shakespeare’s view of female autonomy and power. The deaths Shakespeare inflicts often act as a punishment for the heroines' betrayal of traditional gender roles and forcibly return the heroines to the feminine sphere.

Entropic Interactionist Theory: Reading Social Constructionism Through Thermodynamics And Samuel Beckett, Brie Barron

Criterion: A Journal of Literary Criticism

This essay aims to explain the breakdown of social constructs through the concept of Entropic Interactionist Theory. EIT argues that it is the nature of creations to be vulnerable to the same forces as their creator, and that social constructions (like identity, for example) are subject to the very same physical forces that give rise to humanity’s creative impulse. At its core, EIT is informed by social constructionism and Nietzschean sociological theory, but it names the second law of thermodynamics and the concept of entropy as the driving force behind societal disintegration. The complication with this theory is that it …

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.

The Walls That Define Us, Kaitlyn C. Nielson

Criterion: A Journal of Literary Criticism

Herman Melville’s short story “Bartleby the Scrivener: A Story of Wall Street” tells the story of Bartleby, a man living in the lower-class of nineteenth century New York City, who secures a job copying legal documents. Unlike the other employees’ eagerness to work, Bartleby remains behind his “green screen” that demarcates his office space and repeatedly responds “I would prefer not to” when asked to complete a task.

Most readers and critics alike interpret Bartleby’s behavior as a mode of passive resistance against his boss and the larger institutions of Wall Street and capitalism. However, through close reading, I instead …

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 …

The Intersection Of Fashion And Politics: A Semiotic Analysis Of Vogue Magazine Covers Surrounding Election Seasons, Megan M. Vincent

Theses and Dissertations

This study explores the political messages framed within the cover of Vogue magazines by reviewing the published issues that surround election season. By focusing on the intersection of politics and fashion through the visual representation provided by a prestigious, globally known fashion magazine, the research will observe the potential increase and growth of political involvement within influence of the fashion industry. This study will begin with the October, November, and December covers from the 2016 and 2020 presidential election. These will be accompanied by the January, February, and March covers of the following years. Guided by semiotic analysis and visual …

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 …