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2025 Byu Law Review Masthead

BYU Law Review

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BYU Law Review

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Saving Camelot? Nil And The Future Of Amateurism, William W. Berry Iii

BYU Law Review

This Article explores the future of intercollegiate athletics with a diminished (and perhaps even disappearing) amateurism model. Specifically, the Article argues that athletic conferences are in the best position to “save Camelot”—to preserve the aspects of college sports that make them beloved and distinctive—while at the same time realistically accounting for an evolving economic and legal landscape.

In Part I, the Article describes the economics of the NCAA’s current amateurism model. Part II explores the recent changes to the NCAA’s amateurism model in light of the Supreme Court’s decision in Alston v. NCAA and the widespread adoption of state name, …

Full Issue

BYU Law Review

No abstract provided.

What Is Deeply Rooted In The Constitution?, Thomas P. Crocker

BYU Law Review

In a series of cases stretching over a century, the Court made a right’s roots a constitutive feature of its identity. Highlighting the analytic centrality of deep roots to the recognition of rights, Dobbs v. Jackson Women’s Health withdrew prior judicial recognition of a woman’s right to reproductive choice, arguing that such a right was not properly rooted in the American legal tradition. But what does it mean for a right to have deep roots? A surprising feature of American constitutionalism is that there is no single answer to the basic analytic question of what it means for a right …

The Prosecutor Vacancy Crisis, Adam M. Gershowitz

BYU Law Review

There is a prosecutor vacancy crisis in the United States. Prosecutors are quitting in droves and there are few applicants to replace them. In Houston and Los Angeles, more than 15% of prosecutor positions are open. In Detroit, the vacancy rate exceeds 20%. In Alameda, 25% of prosecutor positions are empty. And in Miami, a staggering 33% of prosecutor positions are unfilled. The situation is equally dire in many large and small counties across the nation.

Drawing on data and interviews from more than two-dozen district attorney’s offices, this Article documents how low salaries, massive caseloads, lack of remote work …

Is An Autonomous Vehicle A Roller Coaster Or A Hollywood Film? Trust, Safety, And Industry Self-Regulation, Tracy Hresko Pearl

BYU Law Review

Regulation of autonomous vehicles continues to be a daunting task in the United States, and the federal government has not yet succeeded in creating a regulatory scheme that intelligently addresses the risks and benefits of these vehicles. There are multiple reasons for this regulatory lag. Autonomous vehicles are developing at such a rapid pace that lawmakers, who often struggle with technological literacy, struggle to keep up. Additionally, government agencies lack the level of expertise, experience, and data that the industry possesses.

Industry self-regulation offers a meaningful alternative for increasing the safety of autonomous vehicles and building consumer trust. The success …

“Whoever Invents Or Discovers”: Artificial Intelligence And The Case For Joint Inventorship, Seth F. Littleford

BYU Law Review

Artificial intelligence (AI) is increasingly important in the modern world. Given its fidelity to—and, in some cases, its surpassing of—human performance, people rely upon AI in myriad settings. The AI era is already here, and the technological advancements to come are even more mind-boggling. The United States Patent and Trademark Office (USPTO) has seen a significant increase in patent applications claiming inventions pertaining to AI, but how does the patent system handle when AI invents?

The U.S. Court of Appeals for the Federal Circuit recently held in Thaler v. Vidal that the Patent Act requires inventors listed on patent applications …

Into The Sunset: Divorcing Families Need Their Slice Of The Tcja Reversions, John C. Mcdonald

BYU Law Review

On its path to sufficiently offsetting its major cut to the corporate income tax rate in 2017, Congress turned to a surprising source for funds: the alimony support payments of recently divorced families. Alimony’s inclusion/deduction regime in §§ 71 and 215 of the Code allowed divorcing couples to reach mutually beneficial divorce agreements for over half a century until it was unceremoniously repealed by the Tax Cuts and Jobs Act of 2017 with a striking lack of satisfying legislative justifications. This Note suggests that in evaluating the impact of the repeal, Congress and others have failed to consider an important …

The Whole Gall Of Wax, Jethro K. Lieberman

Other Publications

No abstract provided.

Logistics Optimisation Of Oil Palm Fronds At Plantations For Energy Conversion, Nur Athira Arshad, Afşin Güngör, Shaharin Anwar Sulaiman

Platform: A Journal of Engineering (PAJE)

Oil palm frond (OPF) is a form of clean energy with a strong potential to generate electricity due to its abundance and consistent availability throughout the year. However, the pruned OPF is usually laid scattered on the ground throughout the vast areas of palm oil plantations. The logistics of handling pruned OPF pose a low efficiency of the supply chain system and may involve high delivery costs due to key factors such as high transportation cost of a low bulk density material and high labour cost. The optimal way of handling biomass prior to utilisation in a gasification plant remains …

Supporting Mental Wellness In Transgender Athletes, Abaigeal C. Fields, Zachary K. Winkelmann

Clinical Practice in Athletic Training

N/a

A Review Of Automated External Defibrillator Considerations In Athletic Training, Bryana M. Mammana, Susan W. Yeargin, Zachary K. Winkelmann

Clinical Practice in Athletic Training

N/a

Maga Goes To Panama, Ruti G. Teitel

Other Publications

No abstract provided.

Biological Aging Pathways That Underlie Life Course Socioeconomic Disparities In Physical Function And Longevity, Tara Gruenewald, Naomi Podber

Psychology Faculty Articles and Research

The poorer functioning and greater morbidity and mortality risk in those with greater life course socioeconomic disadvantage has led to the search for the biological processes that underlie these associations, including accelerated cellular and system aging. Our study examines whether a DNA methylation profile of the pace of biological aging (DunedinPACE) and a multi-system index of physiological dysregulation (allostatic load (AL)) mediate associations between life course socioeconomic disadvantage (SESDIS) and both physical function (gait speed, chair stand time) and survival. Data are from the Midlife in the U.S. Study (N=1,295, age 26–86, 55.4% female, 69.0% white). Measures included a multi-indicator …

Linking Transcriptome And Morphology In Bone Cells At Cellular Resolution With Generative Ai, Lu Lu, Noriaki Ono, Joshua D Welch

Faculty, Staff and Student Publications

Recent advancements in deep learning (DL) have revolutionized the capability of artificial intelligence (AI) by enabling the analysis of large-scale, complex datasets that are difficult for humans to interpret. However, large amounts of high-quality data are required to train such generative AI models successfully. With the rapid commercialization of single-cell sequencing and spatial transcriptomics platforms, the field is increasingly producing large-scale datasets such as histological images, single-cell molecular data, and spatial transcriptomic data. These molecular and morphological datasets parallel the multimodal text and image data used to train highly successful generative AI models for natural language processing and computer vision. …

Dynamic And Concordance-Assisted Learning For Risk Stratification With Application To Alzheimer’S Disease, Wen Li, Ruosha Li, Ziding Feng, Jing Ning

Faculty, Staff and Student Publications

Dynamic prediction models capable of retaining accuracy by evolving over time could play a significant role for monitoring disease progression in clinical practice. In biomedical studies with long-term follow up, participants are often monitored through periodic clinical visits with repeat measurements until an occurrence of the event of interest (e.g. disease onset) or the study end. Acknowledging the dynamic nature of disease risk and clinical information contained in the longitudinal markers, we propose an innovative concordance-assisted learning algorithm to derive a real-time risk stratification score. The proposed approach bypasses the need to fit regression models, such as joint models of …

Rural Volunteer Emergency Personnel’S Perceptions Of Stressors During The Covid-19, Janette Lynn Nichols, Phd

Walden Dissertations and Doctoral Studies

Emergency personnel are expected to handle all situations without affecting their psyche. Distinct differences exist between urban and rural EMS personnel, with rural personnel frequently needing more organizational resources or support to manage stress. With the onset of COVID-19 in December 2019, rural emergency personnel were placed in exhaustive specific situations not experienced previously within the United States. This study was conducted to focus on how they internalize their stressors. This generic qualitative study aimed to determine the perceptions of stressors experienced by rural volunteer emergency personnel during the COVID-19 pandemic. A qualitative survey was completed by 11 participants who …

Shalom And Communion Through The Practice Of Business, Andrew B. Gustafson

Journal of Religion and Business Ethics

Although I am a Protestant Christian, this paper will approach the concept of Shalom from a perspective informed by Catholic Social Thought, and particularly, as an entrepreneur who participates in the Economy of Communion (EoC) movement. The aim of this paper is to seek to support the project of seeking Shalom through business practices by suggesting EoC as a model. I will here bring the principles of the Economy of Communion as a vision and a means to practice business in a way which leads to Shalom. To engage in current discussions on shalom, I will first provide a brief …

College Student-Athlete Perceptions Of Characterizations And Interpersonal Trust In Their Athletic Trainer: A Point-Of-Care Research Study, Ryan N. Moran, Deidre Leaver-Dunn, Jeff Allen, Jessica Wallace

Clinical Practice in Athletic Training

Patient-centered care is essential in athletic training with limited research examining the relationship between patient and clinician. Previous theory has identified constructs of quality athletic trainers (ATs); however, it remains unknown how current athletes perceive these theorized constructs in the ATs providing them medical care. The purpose of this study was to determine the perceptions of characterizations of a quality athletic trainer and interpersonal trust between the student-athlete and AT in the collegiate setting and establish reliability of these surveys. A second aim was to explore differences between sex, previous exposure to an AT, and having had access to an …

The Impact Of Video-Assisted Education On Knowledge And Retention Compared To Paper Education Material, Keiona M. Nance, Matthew J. Drescher, Lindsey E. Eberman, Matthew J. Rivera

Clinical Practice in Athletic Training

When educating patients, clinicians must be effective to assure patients understand their treatment plan and abide by such to achieve optimal outcomes. Teaching methods that stimulate numerous senses more positively impact learning outcomes. The purpose of this study is to compare paper and video-assisted education at the point-of-care with the aim of changing patient education and local practice in a system for individuals undergoing total hip arthroplasties (THAs). We used a randomized cohort design to explore patient knowledge and retention and educational method at the point-of-care. We compared the current education method (paper) to video-assisted materials using pre and post-education …

Comparing Mental Health Between Ncaa Division Iii Student-Athletes Competing In Team- And Individual-Sports, Autumn Presley, Tiffany Franklin, Jeffrey Williams

Clinical Practice in Athletic Training

Mental health is a topic that has gained attention in recent years, but few studies have examined NCAA Division III student-athletes. Division III student-athletes are known to experience high levels of distress, and previous literature indicates there may be a significant psychological difference between student-athletes who compete in individual-sports compared to those who participate in team-sports. The purpose of this study was to explore mental health challenges (levels of depression, stress, and anxiety symptoms) among Division III student-athletes, particularly between those participating in team- and individual-sports. A cross-sectional survey design was used. The independent variable was group (team-sport athletes and …

Ai-Assisted Academia: Unveiling Doctoral Students' Perspectives On Dissertation In Practice Innovation, Jennifer J. Lesh, Jévaughn J. Lancaster

Faculty and Staff Publications & Presentations

This action research study explores 73 doctoral students' perceptions of using Generative Artificial Intelligence (GAI) throughout their research journey in one educational doctorate (Ed.D) program. The first phase employed surveys, while the second incorporated semi-structured focus group interviews based on the survey data from a diverse sample of students across educational disciplines currently enrolled in the university's educational leadership doctoral program. In the study's first phase, the survey quantified educators' familiarity with, attitudes towards, perceived challenges, ethical considerations, and benefits of using GAI in doctoral research. The exploration of GAI in this practitioner-inspired doctoral program has uncovered essential insights into …

“Religion’S Firm-Rooted Truths:” Richard Polwhele, Pulpit Oratory And Loyalist Romanticism In The English Province, Dafydd Moore

School of Law, Humanities and Social Sciences

This article explores the rearguard action fought by the clergyman and writer Richard Polwhele against what he saw as the threat of Anglican Evangelicalism and Methodism in Cornwall during the French Revolutionary period, highlighting the connections between religious experience, rhetorical performance and politics. Whether it be through his theorizing of pulpit oratory, his rows with those he considered Enthusiasts or his understanding of ordination oaths, Polwhele maintained that religious belief should be regulated by rhetorical distance. Explaining this stance, the article shows how Polwhele’s theological and ecclesiological opposition to the Enthusiasm he regarded as dangerously inherent in Evangelical Protestantism also …

Advancing Statistical Literacy In Eye Care: A Series For Enhanced Clinical Decision-Making: Part 1: Introduction To Statistical Tools For Eye Care Research, Daniela Oehring, Pedro Miguel Serra

School of Health Professions

Purpose. Advancements in eye and vision care hinge on therigorous application of research and the precise interpretationof clinical data. However, the field of Eye and Vision Research(EVR) frequently encounters research waste attributed tomethodological flaws and improper statistical analyses, un-dermining the validity of studies and inefficiently utilisingsubstantial financial resources. This paper, the first instalmentin the series “Advancing Statistical Literacy in Eye Care: A Se-ries for Enhanced Clinical Decision-Making,” aims to addressthese challenges by enhancing the statistical literacy of eyecare professionals.Material and Methods. Through a comprehensive narrativeliterature review and the generation of simulated clinicaldatasets, this study identifies essential statistical concepts,common pitfalls, and …

An Interview With Sharon Lee Hart, Mysoon Rizk, Sharon Lee Hart

Art Inquiries

No abstract provided.

Quantitative Risk Assessment In Thermo-Chemical Waste-To-Energy Facilities, Fakhrul R. Ridzwan, Syaza Izyanni Ahmad

Platform: A Journal of Engineering (PAJE)

This study presents a Quantitative Risk Assessment (QRA) of thermo-chemical Waste-to-Energy (WtE) technologies, specifically incineration and gasification, by utilising simulation tools PHAST and SAFETI. Hazard identification, consequence analysis, and risk assessment were conducted to compare the safety profiles of these two technologies and proposed risk reduction strategies for a safer design. Accident scenarios were modelled for Tuas South Incineration and Borregaard Gasification facilities to analyse dispersion and effects of fire and explosion. Hazards indicated that only gasification exclusively involves flammable releases because it reacts as a partial combustion, with carbon monoxide and hydrogen as flammable byproducts. Results revealed that while …

Beyond Status Quo: Why Is Transdisciplinary Communication Instrumental In Disruptive Innovation? [Peer-Review Journal], James Lipuma, Cristo Leon

STEM for Success Resources

Explore "Beyond Status Quo: Why is Transdisciplinary Communication Instrumental in Innovation?" by James Lipuma and Cristo Leon. This groundbreaking research highlights the role of transdisciplinary communication in overcoming disciplinary silos, fostering collaboration, and driving disruptive innovation. Learn how these strategies enable systemic change, address societal challenges, and create impactful solutions. Published in the Journal of Systemics, Cybernetics, and Informatics (Vol. 22, No. 7, 2024). Read more about the transformative potential of inclusive research environments and collaborative frameworks.

Accelerating The Uptake Of Home Haemodialysis: An Evidence-Informed Implementation Project In Cornwall, Emmanuel Asimah

South West Clinical School Journal

#400WORDS: CHIEF NURSING OFFICER’S RESEARCH FELLOWS EVIDENCE IMPLEMENTATION PROJECTS

Exploring The Factors Influencing Retention Of Internationally Educated Nurses At Torbay And South Devon Nhs Foundation Trust: A Service Improvement Project, Abdul-Manan Alhassan

South West Clinical School Journal

#400WORDS: CHIEF NURSING OFFICER’S RESEARCH FELLOWS EVIDENCE IMPLEMENTATION PROJECTS