Law Commons^™

Authorship In The Age Of Algorithms: Adapting Copyright Law For Ai-Generated Content, Sydney Thomas

Journal of Nonprofit Innovation

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 …

A Review Of Existing Literature Surrounding Female Educator Sexual Misconduct In Anglo-American Classrooms, Avery Barnes, Isaac Calvert

BYU Education & Law Journal

A 2004 literature review commissioned by the U.S. Department of Education estimated that one in every ten students would experience sexual harassment or abuse at the hands of an educator during their time in public schools. Even more alarming, multiple studies within Shakeshaft’s 2004 review suggested that this issue goes well beyond the reported data. At that time, leading social science research estimated that only 6% of children who were victims of educator sexual misconduct reported it. With significant developments in digital communications technologies since that 2004 study, researchers in the U.S. Department of Education have estimated that the number …

A Practitioner's Approach To Examining Title Ix, Jordan Tegtmeyer, Ashley Nicoletti

BYU Education & Law Journal

With the 52nd anniversary of Title IX happening this spring amid recent issues related to gender equity in college sports, we thought it important to examine Title IX’s three-part test. The past year’s Title IX stories indicate a gap in understanding around compliance with its three-part test. Whether it be disparate accommodations for NCAA women’s basketball and softball players or institutions citing Title IX as one of the rationales for dropping sports, Title IX has been all over the news. This article seeks to establish a legal and regulatory framework practitioners can use when thinking about compliance with Title IX’s …

Student Athlete Or Student Employee? Considering The Future Implications Of Recent College-Athletics Decisions Regarding Employee Classification, Nathan Schmutz, Joseph Hanks

BYU Education & Law Journal

Nature often provides warning signs of oncoming danger. For example, a generally recognized phenomenon associated with a tidal wave caused by an oceanic earthquake is the major withdrawal of water resembling an extreme low tide. Universities take note, a similar phenomenon might be occurring in relation to college sports. Recent decisions might be signaling a receding of waters before a surge of litigation that results in college athletes being considered employees of the university. This paper considers recent court and administrative decisions that might be indicative of this major shift and discusses possible implications of such a change.

Elj 2024 Front Matter

BYU Education & Law Journal

No abstract provided.

Let's Get Critical: The Rights And Obligations Of School District Stakeholders Under State Laws Limiting Or Banning Discussion Of Critical Race Theory In K-12 Classrooms, John E. Rumel

BYU Education & Law Journal

Critical Race Theory has moved from the halls of academia to the center of a national debate about the role of teachers in instructing students about race, race relations and the United States’ troubled history concerning those subjects. Addressing growing concerns over Critical Race Theory from the political right, state legislatures have responded quickly by enacting a host of Anti-Critical Race Theory (anti-CRT) bills that seek to expel Critical Race Theory from the classroom.

Reducing Food Scarcity: The Benefits Of Urban Farming, S.A. Claudell, Emilio Mejia

Journal of Nonprofit Innovation

Urban farming can enhance the lives of communities and help reduce food scarcity. This paper presents a conceptual prototype of an efficient urban farming community that can be scaled for a single apartment building or an entire community across all global geoeconomics regions, including densely populated cities and rural, developing towns and communities. When deployed in coordination with smart crop choices, local farm support, and efficient transportation then the result isn’t just sustainability, but also increasing fresh produce accessibility, optimizing nutritional value, eliminating the use of ‘forever chemicals’, reducing transportation costs, and fostering global environmental benefits.

Imagine Doris, who is …

Publisher’S Note, Kris Tina Carlston Jd, Mba

Brigham Young University Prelaw Review

The 2023 Brigham Young University Prelaw Review (Journal) continues to demonstrate Brigham Young University’s commitment to excellence in scholarship and student development. Throughout this past year, it has been a privilege to work with ambitious students who want to produce the best possible undergraduate legal journal.

Editor In Chief & Managing Editor’S Note, Collin Mitchell Editor In Chief, Baerett Nelson Managing Editor

Brigham Young University Prelaw Review

We are thrilled to present the 2023 edition of the Brigham Young University Prelaw Review, a publication that stands as a symbol of academic excellence and intellectual growth at our esteemed institution. The Prelaw Review remains one of the premier undergraduate experiences at BYU, providing a platform for our students to explore the intricacies of law and engage in thought-provoking discussions on a variety of legal topics.

The Gig-Economy War: The Drive Towards Regulating Rideshare Employment Misclassification, Inae Cavalcante

Brigham Young University Prelaw Review

With the emergence of the gig-economy, the doctrine distinguishing independent contractors from employees has never been more relevant in the state of California. Currently, the state faces a legal battle regarding employment misclassification of rideshare apps’ drivers, specifically Uber Technologies. While many believe that drivers should be entitled to the label of employee and receive benefits and protections under the California Labor Code, the law is not tailored to this new market and renders itself ambiguous. Although many solutions were presented in the past, such as the Borello Test, the ABC Test, Assembly Bill 5, and Proposition 22, no employment …

The Junk Food Problem: Why The Law Allows Advertising To Kids And How To Implement Change, Makenna Hardy, Madison Maloney

Brigham Young University Prelaw Review

Rapid technological advancements have increased the methods in which advertisers can reach the public, specifically children. As obesity rates increase among America’s youth, more stringent advertising laws barring junk food exposure have been advocated for. Since the Supreme Court has determined commercial free speech as deserving full First Amendment coverage, the rights of advertisers frequently inhibit productive methods of protecting children from junk food advertisements. This article examines the current standards safeguarding both children and advertisers and the feasibility of restricting advertising to kids within the limitations of commercial speech protections.

Defending The Constitutionality Of Abortion Rights, Sydney Reil, Cynthiana Desir

Brigham Young University Prelaw Review

In 2018, the constitutionality of the Mississippi Gestational Act was called into question by the Jackson Women’s Health Organization. This act illegalized the majority of abortions after 15 weeks of pregnancy. Given the constitutional right to abortion granted by Roe v. Wade and upheld by Planned Parenthood v. Casey, both the U.S. District Court for the Southern District of Mississippi and the U.S. Court of Appeals for the Fifth Circuit deemed the Act unconstitutional as a violation of that right. The State of Mississippi brought the case under the review of the United States Supreme Court in 2021, seeking …

The Fourth Amendment In A Digital Age: Defining Boundaries In Law Enforcement Surveillance Of The Home, Josh Hoffman, Jared Xia

Brigham Young University Prelaw Review

As our country enters a new digital age, emerging technologies have increased the ability of law enforcement to monitor American citizens more closely. The tracking of suspects through thermal imaging, video monitoring, and cell phone GPSs are just a few examples of the unlocked potential now available to investigating authorities. When directed at the home, these technologies allow for unprecedented encroachment of our most intimate sphere of daily life. With this accelerating prevalence of technology in surveillance practices comes the need to reassess what boundaries the Fourth Amendment defines for our privacy. This paper explores the application of the Reasonable …

The Constitutionality Of Contributing To Climate Change, Madeline Troxell

Brigham Young University Prelaw Review

Despite the issue of human-caused climate change being upheld by science for decades, topics of its legitimacy, relevance, and repercussions are still debated heavily today. In an attempt to argue for their constitutional right to a safe and livable climate, 21 young plaintiffs have sued the federal government for its affirmative action increasing America’s dependency on fossil fuels, thus exacerbating the climate crisis. The obstacles facing their case can be reduced to an argument concerning the courts jurisdiction over climate issues. This article will argue that the plaintiff's case is centered around the civil rights of children, and thus the …

Front Matter

Brigham Young University Prelaw Review

No abstract provided.

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

The Weakening Of The Voting Rights Act: A Proposal For Modernizing Preclearance, Breannan Perez

Brigham Young University Prelaw Review

The Voting Rights Act of 1965 was passed more than 58 years ago. However, despite its attempt to identity and address discrimination, many of its safeguards have been struck down by the Court. In fact, Section 4b aimed to eliminate voting procedures that were discriminatory in effect, but has since been deemed as unconstitutional. Such a ruling has weakened the VRA and has burdened minority voters. This article proposes a modernized preclearance formula that considers states’ voting rights violations and current voting data. Such a proposal is necessary as a disregard of any voter is a threat to the integrity …

Internet Censorship In The Time Of A Global Pandemic: A Proposal For Revisions To Section 230 Of The Communications Decency Act, Braxton Johnson, Alex Dewsnup

Brigham Young University Prelaw Review

During the era of the novel coronavirus SARS-CoV-2, social media sites have justified removing inflammatory opinions pertaining to COVID-19 in attempts to protect and promote public health and safety by automatically categorizing such opinions as misinformation. While the intention of such censorship is noble, it raises the question of whether social media sites and internet service providers in general have too much power when it comes to controlling information. In an age where social media has become intrinsic to the dissemination and formation of opinion, the free exchange of ideas on the Internet is of prime importance, and any threat …

Is History Repeating Itself? The Role Of The Supreme Court In Protecting Minority Rights, Alyssa Fox, Annabelle Crawford

Brigham Young University Prelaw Review

Throughout history, the role of the Supreme Court has been debated. Some individuals argue for strict interpretation of the Constitution, while others argue that the ideals of the Constitution should be prioritized. Landmark cases decided by the Supreme Court demonstrate the shift between the protection of state sovereignty and minority rights. This article argues that the Supreme Court is responsible to intervene on behalf of minority and historically-disadvantaged groups when their rights are threatened or infringed upon by state and federal governments.

Against Capital Punishment, Zac Bright, Ben Austin (Editor)

Brigham Young University Prelaw Review

Capital punishment has a strong legal precedence in the United States. Capital punishment has been a penal option for those who commit conspicuously wrong acts. For such acts, the punishment seems to be proportional to the crime. In addition to the punishment’s adherence to proportionality, capital punishment mitigates problematic outcomes.

This paper advocates, however, that capital punishment should be classified as “cruel and unusual punishment.” Such violation of the eighth amendment delegitimizes capital punishment. Consequently, The Federal Death Penalty Act of 1994 should no longer be considered a valid law because of its constitutional violation.

Utah Antidiscrimination Efforts: Shortcomings, Challenges, And The Way Forward, Greta L. Asay

Brigham Young University Prelaw Review

Despite being a pro-business state, Utah is not considered employee-friendly; employment discrimination is prevalent, in spite of the state and federal laws in place to protect against it. The state agency that is in place to safeguard employees against unlawful discrimination is the Utah Antidiscrimination and Labor Division (UALD), established by the Utah Antidiscrimination Act (UADA). While the UALD has the potential to be a powerful legal guardrail for employees, it currently is not fulfilling this potential. This paper explores the shortcomings of the UALD and argues that changes should be made to strengthen the authority of the UADA.

Checking The President’S Sanctioning Power In The New Age Of Economic Warfare, Jaden Mcquivey

Brigham Young University Prelaw Review

The United States President has nearly unlimited sanctioning power. This paper agrees with presidential authority over sanctions, which has been firmly established by the Trading With the Enemy Act of 1917, International Emergency Economic Powers Act in 1977, United States v. Curtiss-Wright Export Corp., and INS v. Chadha. However, this paper does not agree with unchecked sanctioning power. By simply declaring a national emergency, the President can legally justify most economic sanctions on foreign countries. Over the last few decades, the United States has entered a new state of “sanctioning madness” and is known for its particularly destructive unilateral sanctions. …

The Dual Role Of The Campus Police Officer At Public Institutions Of Higher Education, Anne Walther

BYU Education & Law Journal

The role of campus police officers at public institutions of higher education is multifaceted and not so clearly defined. Campus police officers are there to enforce the law, protect the students, and ensure campus safety. However, these officers also have to manage the responsibilities and privileges that come with holding the dual role as both a law enforcement officer and a school official. For example, while police officers at these institutions carry out many traditional police functions such as investigating criminal offenses, making arrests, and enforcing the law; they often also have additional responsibilities that fall outside of those typical …

"I Feel Like A Dumping Ground" - Legal Issues Surrounding Paraprofessionals In Schools, Catherine Robert, Maureen Fox

BYU Education & Law Journal

School employees serving in non-professional clerical and support roles are commonly referred to as paraprofessionals. While professional staff include teachers, counselors, and administrators, paraprofessionals serving in instructional roles (also called teaching assistants) such as classroom aides, computer lab monitors, and library aides comprise almost 13% of elementary and secondary employment. Paraprofessionals perform a wide variety of tasks including literacy support in a regular classroom, behavioral support of students, and supporting medical needs of students receiving special education services. The medical needs of students include changing feeding tubes, clearing airways, changing diapers, and physically moving students. As the staff members most …

Performance Gaps And Opportunities For Growth: Addressing Remote Learning In Nevada, Anna Dreibelbis-Colquitt

BYU Education & Law Journal

Although education is not a fundamental right under the United States Constitution, it is nonetheless deemed as “perhaps the most important function of state and local governments.” The importance of education is reinforced through the Nevada Constitution. Specifically, Article 11 states that “[t]he legislature shall provide for a uniform system of common schools,” which is seen through the public school system. However, this ‘uniform’ system drastically changed two years ago with the surge in online learning.

Front Matter

BYU Education & Law Journal

No abstract provided.

The Costs Of A Free And Public Education: An Analysis Of A School District's Student Fees, Jacob D. Skousen, Ellianna Rodriguez

BYU Education & Law Journal

Since the late 1800s U.S. states have provided a “centrally administered organization of public schools, overseen by a state superintendent or department of education and financed by state income tax revenues in addition to local taxes.” States have governed a system of public schools through the states’ constitutions. Each state’s constitution has a statement identifying the state as being responsible to provide its citizenry with a public education and in the majority of states’ constitutions there is further clarification noting that this education is provided free of charge. An example of this statement can be found in Nevada’s State Constitution, …

Reflections Of A Litigator: Serrano V. Priest Goals And Strategies, Sid Wolinsky

BYU Education & Law Journal

In this article, I intend to describe what we hoped to achieve at that time and the strategies we used, and then to circle back and offer some observations about what we might learn from the litigation.

Editor In Chief & Managing Editor's Note, Kaitlyn Marquis Editor In Chief, J. Caleb Strauss Managing Editor

Brigham Young University Prelaw Review

As we continue to navigate the challenges of a global pandemic, we have been honored to continue a tradition of scholarship with the publication of the 2022 edition of the Brigham Young University Prelaw Review. This year’s topics are grounded in issues on the cutting edge of legal thought, ranging from paid parental leave to the new frontier of Esports in collegiate athletics. Authors and editors were selected in July 2021, and since that time, they have honed their ideas and claims through devoted study and conversations with fellow authors and editors. After selecting their topics, authors and editors worked …

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.