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Full-Text Articles in Law
Web-Scale Discovery And Federated Search, Valeri Craigle
Web-Scale Discovery And Federated Search, Valeri Craigle
Utah Law Faculty Scholarship
In stark contrast to the library card catalogs of old, today’s library search interfaces offer much more than one-dimensional, item-specific searching. Users are now engaged in a process of discovery in which they are empowered to control not only the sources of content being searched, but also the context into which information is delivered, and the platform onto which information is synthesized. By eliminating the barriers to information discovery, law libraries can position themselves as true partners in this process, defining their mission in new ways, and providing critical services in an ever-complex information ecosystem.
Homeless Issues In Downtown Salt Lake City : Situation Assessment Proposal, Michele Straube
Homeless Issues In Downtown Salt Lake City : Situation Assessment Proposal, Michele Straube
Environmental Dispute Resolution Program
This project proposes to provide a comprehensive Situation Assessment of the homeless issues affecting downtown Salt Lake City – exploring public perceptions and stakeholder willingness to be part of the solution, while also presenting a complete picture of existing efforts to address homeless issues downtown. The information gathered and analyzed should enable city government to move beyond Bandaid fixes and engage in effective and strategic problem-solving to provide long-term solutions to specific problems identified through the situation assessment.
Moving Forward With Indian Water Rights Settlements, Melinda Moffitt
Moving Forward With Indian Water Rights Settlements, Melinda Moffitt
Environmental Dispute Resolution Program
Although water rights have long been a source of conflict, particularly in the Western United States, the future does not have to include long, drawn-out court battles where a judge determines how much water each party is entitled to. Many successful Indian water rights settlements have already been negotiated, and more are possible as States and tribes come together to negotiate for the good of all parties. More practical, flexible solutions are available to parties who are willing to sit down together, develop the necessary trust, and negotiate the settlement of Indian water rights.
Uinta Basin: Elevated Ozone Creates Opportunities, Not Adversaries, John Robinson Jr.
Uinta Basin: Elevated Ozone Creates Opportunities, Not Adversaries, John Robinson Jr.
Environmental Dispute Resolution Program
This paper examines rural ozone pollution in the Uinta Basin. The pollution issue is complex—scientific uncertainty compounds with jurisdictional issues under the Clean Air Act. A large number of conservation, government, and economic stakeholders take interest in the region’s air quality and there are no easy answers. This paper seeks to stimulate discussion in hopes of fostering a collaborative approach to solving the problem. It includes both a conflict assessment and proposes a process design for moving forward through cooperation.
Kennecott Groundwater Remediation: Collaborative Problem Solving Builds Trust And Reduces Costs, Lauren Carpenter Devoe
Kennecott Groundwater Remediation: Collaborative Problem Solving Builds Trust And Reduces Costs, Lauren Carpenter Devoe
Environmental Dispute Resolution Program
The following case study relies on support from traditional research—all of which is cited throughout—and interviews with representatives from three of the major stakeholders involved in the process analyzed. Interviews were conducted with Dianne Nielson, the former Executive Director of the Utah Department of Environmental Quality (conducted March 15, 2013); Marcelle Shoop, former Kennecott attorney involved in the negotiations and Kelly Payne, Kennecott’s Environmental Manager (conducted March 18, 2013); as well as Richard Bay, CEO of the Jordan Valley Water Conservancy District (conducted March 25, 2013). To protect these individual sources and their ongoing relationships, their statements are not cited …
Conflict Assessment And Environmental Dispute Resolution Process Design Addressing Deposition Of Naturally Occurring Asbestos At Swift Creek, Whatcom County, Washington, Douglas Naftz
Environmental Dispute Resolution Program
Swift Creek presents an unprecedented mixture of complex scientific, geologic, environmental, economic, and sociological issues. Combined, these issues slip into a “seam between the authorities,” making them very difficult to address under the existing regime of environmental law in the United States. As recognized by Melious, as well as the former EPA Region 10 Regional Administrator, Elin Miller the presence of a “seam between authorities” that is not contemplated by existing legal solutions might actually foster the application of a creative collaborative process designed to develop and implement a permanent comprehensive sediment management solution at Swift Creek. In fact, it …
Environmental Dispute Resolution Program: Year 1 Accomplishments: February 2012 – January 2013, Michele Straube
Environmental Dispute Resolution Program: Year 1 Accomplishments: February 2012 – January 2013, Michele Straube
Environmental Dispute Resolution Program
The Stegner Center’s EDR Program encompasses four general categories of activity designed to support and expand the use of EDR in Utah and the Mountain West: academic instruction, capacity-building, public education, and facilitation/mediation services. One primary focus of this first year’s efforts was on meeting with a cross-section of stakeholder interests working on environmental and natural resource issues to introduce the new program and to get their insights on how the program can be most helpful in promoting constructive dialogue on these issues. An equally important focus was to start establishing a track record of accomplishments in each of the …
Human Rights, Civil Rights: Prescribing Disability Discrimination Prevention In Packaging Essential Health Benefits, Anita Silvers, Leslie P. Francis
Human Rights, Civil Rights: Prescribing Disability Discrimination Prevention In Packaging Essential Health Benefits, Anita Silvers, Leslie P. Francis
Utah Law Faculty Scholarship
The promise of health care as a right has all too often proved hollow for people with disabilities. In this article, we argue that the understanding of health care as a human right, as found in the CRPD, fails to provide the theoretical machinery for responding to the pressing challenges of health care costs. These challenges are real and potentially devastating. We develop instead an account of health care as a civil right. What this right requires is dependent on the context and resources of the time, so long as all have meaningful access to the benefits provided. The ACA …
No Promo Hetero: Children's Right To Be Queer, Clifford Rosky
No Promo Hetero: Children's Right To Be Queer, Clifford Rosky
Utah Law Faculty Scholarship
This Article argues that the government has no legitimate interest in promoting heterosexuality or gender conformity during childhood. Although opponents of LGBT rights have longed cited this goal as one of the primary justifications for discrimination against LGBT people, it has no constitutional foundation upon which to stand. Building upon a familiar schema of legal scholarship on LGBT rights, this Article challenges the state’s interest in promoting heterosexuality by articulating a tripartite defense of children’s speech, status, and conduct. It argues that these three aspects of homosexuality are connected to and protected by three constitutional clauses — the First Amendment, …
Disaggregating Disasters, Ronnell Anderson Jones, Lisa Grow Sun
Disaggregating Disasters, Ronnell Anderson Jones, Lisa Grow Sun
Utah Law Faculty Scholarship
In the years since the September 11 attacks, scholars and commentators have criticized the emergence of both legal developments and policy rhetoric that blur the lines between war and terrorism. Unrecognized, but equally as damaging to democratic ideals—and potentially more devastating in practical effect—is the expansion of this trend beyond the context of terrorism to a much wider field of nonwar emergencies. Indeed, in recent years, war and national security rhetoric has come to permeate the legal and policy conversations on a wide variety of natural and technological disasters. This melding of disaster and war for purposes of justifying exceptions …