Digital Commons Network^™

The Discrimination Of Methodist Students At Oxford University, 1768, Nicholas M. Railton

The Asbury Journal

Discrimination and persecution are perennial features of church history. This paper deals with six Oxford students who were expelled from the university for what were called ‘Methodist’ practices and beliefs. Their university trial is analysed as are the support structures within the evangelical network in the eighteenth century. The paper sheds light upon the lives of the students post-exmatriculation.

Prescribed Fire Liability And Administration In Western States: An Empiricalanalysis And Call For Reform, Stephen R. Miller, Anastasia Telesetsky

Utah Law Review

Wildfires have grown exponentially over the last few years due to fuel loads, range- and timber-management policies, and climate change. The cost of fire suppression is also growing in both rural and urban areas. For instance, the 2016 Pioneer Fire in rural Idaho cost around $100 million to fight, while the 2025 urban conflagrations in Los Angeles, California destroyed over 16,000 structures despite an astonishing array of suppression resources deployed. Something new, and something big, in terms of law and policy interventions, is needed to stem the intensity of wildfires. Increasingly, governments, private citizens, and even corporate interests like insurance …

The Dinosaur Age Is Over: The Case For Congressionally Reforming The Generalmining Law Of 1872, Andie Madsen

Utah Law Review

Bold legislative action is essential to modernize an outdated regulatory framework that no longer serves the public interest. By reforming the General Mining Law of 1872, the United States can advance towards a more sustainable and equitable future, leveraging its mineral resources to benefit all citizens and support the global transition to renewable energy. The urgency of this moment demands decisive action, as the implications for our environment and society are profound. Although Congress has not yet proven its capabilities in overcoming division and moving past legislative gridlock, it must rise to the occasion.

From Player Piano To Generative Ai: Artificial Expression And The Law Of Copyright, Douglas Lind, Adrienne Holz

Fordham Intellectual Property, Media and Entertainment Law Journal

American copyright law has experienced challenges and sometimes faltered when confronting mechanical reproduction. This Article retraces the rise and diffusion of the player piano and the phonograph, examining how they reshaped the making and listening to music. As these technologies spread throughout American society more rapidly than copyright law could adjust, courts misclassified piano rolls and records as merely mechanics. Reducing these new fixations to machinery rather than embodiments of human expression left recorded human musical performances inadequately protected, which facilitated piracy. Applying these lessons, this Article contends that generative AI training implicates copyright law in ways not dissimilar to …

A Meaningful Theory: 25 Years Of Relational Dialectics Theory In The Journal Of Family Communication, Lindsey J. Thomas, Kristina M. Scharp

Faculty Publications - Communications

In commemoration of the 25th anniversary of the Journal of Family Communication (JFC), the present essay celebrates two and a half decades of relational dialectics theory (RDT) in JFC, highlighting the reciprocal relationship between theory and journal. The authors, both of whom have a breadth of experience in conducting RDT research, first provide a history of RDT and an overview of key terms and assumptions. The essay then traces the history of RDT through the first 25 volumes of JFC. A review of the RDT-based original research articles in JFC turns an eye toward the family …

Bodies, Bottles, And Emotions: Emotional–Material Tensions In Exclusive Pumping, Jessica M. Rick

Faculty Publications - Communications

Exclusive pumping (i.e., providing breast milk solely via pumping) is increasingly common in the United States, yet remains largely invisible in public discourse. This study uses photo-elicitation interviews to examine how exclusive pumping mothers narrate the emotional and material tensions of their feeding journeys. Participants’ photographs revealed profound pride in sustaining breast milk for their children, alongside frustration at not nursing “naturally.” Participants also documented the substantial responsibilities, financial costs, and emotional labor inherent in exclusive pumping. Despite these challenges, mothers framed their experiences through cultural narratives of intensive and total motherhood, positioning exclusive pumping as a morally and socially …

Operational Hallucination And Safety Drift In Ai Agents, Shasha Yu, Fiona Carroll, Barry L. Bentley

School of Professional Studies

Large language models (LLMs) serving as planners in tool-using autonomous agents introduce dynamic reliability risks in multi-turn execution. While single-turn safety mechanisms are relatively mature, extended interactions reveal structural vulnerabilities where initial alignment degrades over time. This paper empirically characterizes two observed failure modes across multiple state-of-the-art LLMs: Safety Drift, the gradual erosion of declared safety intent leading to constraint-violating actions (e.g., textual refusal followed by reconnaissance and unsafe execution), and Operational Hallucination, persistent repetitive tool calls indicative of flawed state perception (e.g., livelocks even in legitimate tasks). Through controlled multi-turn evaluation on high-stakes ethical dilemmas, malicious requests, and benign …

When Saying "No" Is Not Enough: Cognitive-Action Decoupling And The Illusion Of Safety In Llm Agents, Shasha Yu, Fiona Carroll, Barry L. Bentley

School of Professional Studies

Current safety evaluations of large language models (LLMs) predominantly rely on textual compliance, implicitly assuming that refusal-style responses correspond to safe behavior. This assumption becomes fragile when LLMs are embedded in agentic systems with the ability to execute state-changing actions. In this paper, we present an empirical critique of text-centric safety evaluation through an action-aware study of LLM agents under controlled conditions. Across multiple state-of-the-art models, we observe a recurring cognitive–action decoupling: agents generate policy-aligned refusal language while still producing unsafe tool-mediated action proposals. This produces an illusion of safety, where conversational audits indicate compliance even as operational risk persists. …

Small Enough To Fail: The 2018 Amendments To The Dodd-Frank Act, Regulatory Stress Tests, And Post-Pandemic Bank Failures, Jacob R. Bourgault, Edward S. Adams

Articles

No abstract provided.

Pioneer Tales (Vol. 10, No. 2), San Bernardino Historical & Pioneer Society

Pioneer Tales

No abstract provided.

Human Rights In The U.S.: Handbook For Public Interest Attorneys (2026 Version), Lauren E. Bartlett

Faculty White Papers

Legal services attorneys, public defenders, law clinics, and other public interest law practitioners, fight every day to secure basic rights for the most vulnerable persons in the U.S.—among them, people living in poverty, racial minorities, children, the elderly, and immigrants. Yet, U.S. law more often than not falls short of providing a “floor” of minimum protections for these marginalized individuals. More expansive guarantees are found under international human rights law, and some advocates in the U.S. successfully incorporate human rights norms, language and strategies into their domestic work to help advocate for increased protections.

This Handbook was designed for attorneys …

Bud Fowler Beyond The Box Score: Fourth Edition, Mark E. Eberle

Monographs

John W. Jackson, better known as Bud Fowler (1858–1913), was a Black baseball player, captain, manager, umpire, organizer, and promoter. He was also a barber, playwright, and song writer. His baseball career spanned at least 33 years, from 1877 to 1909. In 1878, Fowler became the first known Black baseball player in the major or minor leagues, and he went on to play for a total of 20 minor league clubs and numerous other teams with rosters composed predominantly of white ballplayers during the era of racial segregation. He played for teams from New England to southern California and from …

Does It Matter Who Tells The Story? Newspaper Coverage Of Immigration Across Three Latin American Countries, Fernando Severino, Sebastian Rivera

Faculty Publications - Communications

This study examines the news media’s coverage of intraregional immigration issues in three Latin American countries –Colombia, Chile, and Mexico– from 2014 to 2018, when immigration became a salient political issue in these nations. We examine the news coverage by utilizing a novel sample of approximately 20,000 news articles and relying on a Structure Topic Modelling (STM) analysis to detect the most prevalent topics in the news. Our findings reveal that policy issues and stories related to human rights constitute the primary focus of news media coverage on immigration in those countries. We also investigate whether there are differences in …

Witness And Record On Complicity And Clergy Abuse, Scott Douglas Jacobsen, Amos N. Guiora, Katherine Archer, Hermina Nedelescu, Melanie Sakoda

Utah Law Faculty Scholarship

This first anthology assembles a multi-jurisdictional set of interviews to examine clergy abuse and institutional responses. The primary emphasis is Orthodoxy contexts and comparative discussion across religious settings. The core material consists of advocacy perspectives, firstperson accounts, and professional analyses. We need thoughtful clergy to speak out. The core problems: sexual abuse, spiritual abuse, power-asymmetrical relationships, and failure in impartial authoritative mechanisms of consequence, acting or even existing, in the first place.

Diamonds Are Forever, As Are Trademarks: Articulating The Twists Of Section 43(A) Trade Dress Protection For Jewelry Designs Through The Facts Of David Yurman V. Mejuri, Daphne Singer

Celebrating WCL Student Authors

Introduction: 

Jewelry is adornment--adornment that has “spawned cultural movements, launched political dynasties, and even started wars.”This Article will analyze the application of Section 43(a) of the Lanham Act,which covers trade dress, to jewelry design. Trade dress law is a powerful tool for designers because it regulates the protection of designs rather than words.Despite this strength, trade dress has not been analyzed in the context of the jewelry industry because legal academics have dismissed jewelry as an accessory to fashion law. Luxury jewelry and watches are often used to convey status via “recognizable, distinguished designs that consumers associate with the particular …

“No One Can Hear You Scream”: Intimate Partner Violence And Family Justice Centers In Rural America, Jordan Stevenson

Legal Writing Competition Winners

In rural Kentucky, where cars are a necessity to traverse the rugged Appalachian Mountains and sparsely populated farmlands, “Barbara’s” abusive husband couldn’t let her get away—so he set her car aflame. Although census-defined rural areas contain only 20% of the United States population, some studies have found that intimate partner violence is more common and severe in rural areas than urban or suburban regions. 

People, especially women, in rural areas experience intimate partner violence in unique ways tied to their geographic and cultural context. Consequently, organizations, courts, and law enforcement struggle to meet the needs of affected populations in rural …

Kidfluencer Protection: Illinois’ Attempt At Expanding Its Version Of The Coogan Law., Genevieve Sloan

American University Business Law Review

On July 1, 2024, Illinois enacted pioneering legislation, which expanded its child labor laws to “[m]inors featured in vlogs.” This legislation marks the first successful attempt at protecting the finances of children in the business of social media influencing. Over the past several years, society has started recognizing the dangers of the otherwise lucrative child influencer industry, notably children’s lack of legal entitlement to their earnings.

Accordingly, the Illinois legislation began inspiring similar child labor laws in other states. This Comment analyzes whether Section 95 and Section 100 of Illinois’ Child Labor Law of 2024 maintain parental autonomy and adequately …

Outbid By Technicality: How Streaming Services Weaken Legacy Media’S Matching Rights, Arthur Yolles

American University Business Law Review

Contracts for large-scale media distribution, such as those between sports leagues and broadcasting companies, often include matching rights—rights which guarantee a media distributor the ability to continue distributing content for as long as they can match the bids of third parties. These rights grant media distributors security in their relationships with rights-grantors, and they deliver a more predictable viewing experience for consumers. However, it is not always clear what constitutes a "match."

With the rise of streaming and big tech’s infiltration into legacy media strongholds such as live sports, the need to define a match is increasingly relevant. This Comment …

Monetizing Your Health: Why Hipaa’S Gaps Are Putting Personal Data At Risk, Marlee Reischl

UIC Law Review

No abstract provided.

Big Tech As Transnational Spyware Regulator, Natalie R. Davidson

Fordham Intellectual Property, Media and Entertainment Law Journal

Spyware has emerged as a potent tool for leaders to shrink dem- ocratic contestation. In response to calls for constraints on the trade in spyware, states have updated the principal multilateral agree- ment on export controls, civil society groups have employed strate- gic litigation, and the European Union has altered its regulation, in each case with the aim of limiting exports where there is a risk of human rights violations. Yet, scandals involving the Israeli company NSO, among others, have made clear that even the updated regula- tory landscape is inadequate. Many actors are currently debating the reasons for existing …

When The “Public Interest” Violates The First Amendment: Jimmy Kimmel And Fcc Chair Brendan Carr, Joel Timmer

Fordham Intellectual Property, Media and Entertainment Law Journal

Following the assassination of conservative political activist Charlie Kirk, comments made by late-night ABC host Jimmy Kimmel sparked controversy after some interpreted his remarks as implying conservative responsibility for the crime. The backlash intensified when Federal Communications Commission Chair Brendan Carr publicly suggested that Kimmel’s statements were misleading and potentially inconsistent with FCC policy, warning that broadcast stations airing the program should address the matter or risk regulatory consequences, including fines or license revocation. Shortly thereafter, major broadcast groups suspended the program, followed by ABC’s temporary suspension of the show. These events raised serious concerns about whether the FCC Chair’s …

Third Tri-National Meeting On Labour Rights - Report Of Recommendations For Upcoming Review Of The Cusma (Usmca, T-Mec), Mark Rowlinson, Sara Slinn

Conference Papers

The CUSMA-USMCA-T-MEC (CUSMA) Labour Chapter and its Facility-Specific Rapid Response Mechanism (RRM) are key areas of focus in the ongoing review of CUSMA approaches. The third Tri-National Meeting on Labour Rights under CUSMA was held on December 9th and 10th, 2024, at Osgoode Hall Law School in Toronto. This hybrid meeting brought together knowledgeable academics, organizations, and individuals from the three CUSMA partner countries to evaluate the Labour Chapter, particularly the RRM, and to discuss reform recommendations. This report summarizes the challenges and proposed reforms presented and discussed during this third Tri-National Meeting, building on recommendations from the two previous …

It Begins With Relationships: Exploring Discipline And Belonging Through The Narratives Of Native American Students, Jessica J. Swagger

Doctor of Education (EdD)

‘One caring adult can make a difference in a student’s life.’ This phrase or some facsimile of it permeates the world of education. This research explored the stories told by students about their experience with discipline in a small, rural alternative school that is implementing restorative practices and how they perceive relationships in relation to the practices. This research used qualitative narrative inquiry, interviewing self-selected students about their lived experiences. The research was grounded in Restorative Justice theory, Belonging theory, and Trauma-informed Practices theory. This qualitative narrative inquiry explored the stories of lived experience of Native American students, who have …

Long-Term English Learners: Listening To Student Perceptions To Improve A School District’S English Language Learner Program, Arturo Lomeli

Doctor of Education (EdD)

This Improvement Science Dissertation (ISDiP) strengthens program improvement by elevating student voices to hear perceptions about instructional practices that support Long-term English Learners (LTELs). Despite meeting State and Federal mandates, the district was identified as a transformation district as English Language Leaners (ELLs) performed below their peers in state achievement metrics. In 2023-24, LTELs made up 41% of the district’s ELL population compared to 21% in Oregon. This study sought to identify instructional strategies that students perceive supported their linguistic and academic success.

To uncover which instructional strategies are most effective, this study utilized an exploratory sequential mixed-method design embedded …

Tax Laws And Proportionality: Analyzing Implementation And Advocating For Reform, Moshe A. Jaffe

SJD Dissertations

The application of judicial review to tax legislation presents unique challenges and inconsistencies. This study contends that the proportionality doctrine, widely used in numerous legal systems, offers the best framework for reviewing the constitutionality of tax laws. By examining the implementation of proportionality in countries such as Germany, Israel, and Canada, this research argues that adopting this doctrine—excluding the Stricto Sensu sub-test—could provide a more consistent and fair method for judicial review of tax legislation. Specifically, this approach avoids the indeterminacy and subjectivity often associated with open-ended balancing, while still ensuring that tax measures serve legitimate aims and employ means …

Mitochondrial Transfer To Granulocytic Myeloid-Derived Suppressor Cells Augments Immunosuppressive Activity, Prabhakar Arumugam, Cortney E. Heim, Rachel W. Fallet, Dhananjay Shinde, Vinai Chittezham Thomas, Rafael J. Argüello, Tammy Kielian

Journal Articles: Pathology and Microbiology

The anti-inflammatory properties of granulocytic myeloid-derived suppressor cells (G-MDSCs) promote Staphylococcus aureus (S. aureus) biofilm persistence. Evidence suggests that G-MDSC activity is shaped not only by S. aureus products but also by intrinsic metabolic programs. This study explores whether G-MDSC activity can be modulated by increasing mitochondrial abundance using a co-culture paradigm with macrophages as a mitochondrial donor. Macrophages transfer mitochondria directly to G-MDSCs via tunneling nanotubes, enhancing G-MDSC respiration, as reflected by increased basal, maximal, and spare respiratory capacity. Augmenting mitochondrial abundance in G-MDSCs enhances T cell-suppressive activity and reduces tumor necrosis factor (TNF) and interleukin 6 (IL-6) production. …

One Family Under Kim:, Jared Johnson

BYU Asian Studies Student Journal

The Democratic People’s Republic of Korea (D.P.R.K. or the state), as one of the most isolated and controlled states in Asia, has since its founding attempted to shape the culture and ideology surrounding the family construct to support the rule of the socialist regime and its leaders, the Eternal President, Kim Il Sung, and his successors. In Korea, like the rest of East Asia, the traditional family unit has been a central societal structure for centuries. Largely based upon Confucianism, the nuclear family—referring generally to the biological family unit of parents and children—has determined not only the lifestyle and livelihood …

Choco Pies, Economic Gains, And The Opening Of North Korea:, Quinci Rasband

BYU Asian Studies Student Journal

Since the armistice was signed putting a hold on the Korean War (July 27, 1953) and officially created two separate entities, has there ever been a time when North Korea and South Korea—two diametrically opposed countries— worked together towards a common goal? If there really was such a time when North Korea and South Korea collaborated, one can wonder how this was received in the minds of North Koreans and South Koreans. While it is challenging to understand North Korean citizens’ perceptions of events, delving into accessible sources can shed light onto South Korea’s viewpoint of inter-Korean relations. One such …

Silencing The Party, Amplifying The Music:, Brian Lewis

BYU Asian Studies Student Journal

The 2024 dissolution of the MFP marked a turning point in Thai electoral politics, catalyzing a cultural contest over political expression through music. The court’s decision to dissolve the MFP was perceived as a direct attack on free political discourse, intensifying state-led censorship efforts against musicians who critiqued the establishment. In response, political music became not only a means of protest, but a crucial space for youth to form their political identities and express dissent. This escalation in censorship and the concurrent surge in musical activism cannot be directly attributed to long-standing political trends; rather, they were significantly increased by …

Full Issue

BYU Asian Studies Student Journal

No abstract provided.