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Articles 1 - 14 of 14
Full-Text Articles in Law
When Winning Means Losing: Why A State Takeover Of Public Lands May Leave States Without The Minerals They Covet, Robert B. Keiter, John C. Ruple
When Winning Means Losing: Why A State Takeover Of Public Lands May Leave States Without The Minerals They Covet, Robert B. Keiter, John C. Ruple
Wallace Stegner Center for Land, Resources, and the Environment publications
This White Paper, the third in a series assessing state efforts to take over federal public lands, addresses state claims to the minerals underlying those lands. Using Utah as an example, we argue here that even if states overcome extremely long odds to convince a court that the federal government is obligated to dispose of more public land, and that such a disposal obligation necessitates giving the public domain to the states, well established legal principles would prevent grants of most mineral lands to the states. Moreover, any mineral rights that states did obtain would be realized only after years …
Rockville Community Forum : Facilitatrs' Report, Michele Straube, Mara Elana Burstein
Rockville Community Forum : Facilitatrs' Report, Michele Straube, Mara Elana Burstein
Environmental Dispute Resolution Program
The Planning Commission and Mayor of the Town of Rockville, located in Southern Utah, reached out to EDRP for support on how to address contentious community issues surrounding land use, planning, and growth. They asked EDRP to design and facilitate a Community Forum to present the results of the most recent Town Survey in a way that would initiate a community conversation, and to offer process suggestions for town leaders to continue decision-‐making on priority issues in an open and transparent manner.
The Enigma Of Photography, Depiction, And Copyright Originality, Terry S. Kogan
The Enigma Of Photography, Depiction, And Copyright Originality, Terry S. Kogan
Utah Law Faculty Scholarship
Photography is an enigma. The features that distinguish it most from other art forms — the camera’s automatism and the photograph’s verisimilitude — have throughout its history also provided the basis for critics to claim that a photographer is not an artist nor the photograph a work of art. Because every photograph is the product of an automatic, mechanical device, critics argue that a photographer is a mere technician relegated to clicking a shutter button. Moreover, because every photograph displays an exact likeness of whatever happened to be sitting before the camera, critics consider that image to be a factual …
Collaborative Governance Bibliography, Michele Straube
Collaborative Governance Bibliography, Michele Straube
Environmental Dispute Resolution Program
A Bibliography on Collective Governance
(Environmental) Conflict Resolution Reading List, Michele Straube
(Environmental) Conflict Resolution Reading List, Michele Straube
Environmental Dispute Resolution Program
A Reading List for Environmental Conflict Resolution
An Introduction To Conservation Easements In The United States: A Simple Concept And A Complicated Mosaic Of Law, Nancy Mclaughlin, Federico Cheever
An Introduction To Conservation Easements In The United States: A Simple Concept And A Complicated Mosaic Of Law, Nancy Mclaughlin, Federico Cheever
Utah Law Faculty Scholarship
The idea of a conservation easement – restrictions on the development and use of land designed to protect the land’s conservation or historic values – can be relatively easily understood. More significant and more challenging is the complex body of state and federal laws that shapes the creation, funding, tax treatment, enforcement, modification, and termination of conservation easements.
The explosion in the number of conservation easements over the past four decades has made them one of the most popular land protection mechanisms in the United States. The National Conservation Easement Database estimates that the total number of acres encumbered by …
The Federal Question In Patent-License Cases, Amelia Rinehart
The Federal Question In Patent-License Cases, Amelia Rinehart
Utah Law Faculty Scholarship
The jurisdictional rules that determine whether a license case arises under the patent laws are cumbersome and expensive for courts and litigants alike. Gunn v. Minton, a recent patent-malpractice case raising very different concerns than the ones raised in license cases, will only add to the inconsistency, inefficiency, and uncertainty that surround this “dark corridor” of federal-question jurisdiction. The time has come for a new assessment of arising-under jurisdiction in patent cases that reduces these burdens, promotes uniformity, encourages patent challenges, and reflects Congress’s intent to carry federal patent questions into federal courts.
Environmental Dispute Resolution Program: Year 3 Accomplishments: February 2014 – January 2015, Michele Straube
Environmental Dispute Resolution Program: Year 3 Accomplishments: February 2014 – January 2015, Michele Straube
Environmental Dispute Resolution Program
Founded in 1994, the Center’s academic program in environmental and natural resources law is ranked in the top 20 programs nationally. The Center has reached beyond the traditional confines of a law school through its diverse educational programs, including its annual symposium, green bag noon-hour lecture series, and evening programs, which are offered to the general public. Through these programs, the Center has brought national and local experts in a variety of fields, including law, science, and public policy, to the community. The Center programs have become an important forum regionally and nationally for promoting public dialogue about how best …
Blinding Prosecutors To Defendants' Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System, Shima Baughman, Sunita Sah, Christopher T. Robertson
Blinding Prosecutors To Defendants' Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System, Shima Baughman, Sunita Sah, Christopher T. Robertson
Utah Law Faculty Scholarship
Racial minorities are disproportionately imprisoned in the United States. This disparity is unlikely to be due solely to differences in criminal behavior. Behavioral science research has documented that prosecutors harbor unconscious racial biases. These unconscious biases play a role whenever prosecutors exercise their broad discretion, such as in choosing what crimes to charge and when negotiating plea bargains. To reduce this risk of unconscious racial bias, we propose a policy change: Prosecutors should be blinded to the race of criminal defendants wherever feasible. This could be accomplished by removing information identifying or suggesting the defendant’s race from police dossiers shared …
From Bibles To Biomarkers: The Future Of The Dsm And Forensic Psychiatric Diagnosis, Teneille R. Brown
From Bibles To Biomarkers: The Future Of The Dsm And Forensic Psychiatric Diagnosis, Teneille R. Brown
Utah Law Faculty Scholarship
Given its importance to the law, it is regrettable that judges and lawyers do not fully understand how the DSM is constructed, and the bedrock of values on which it rests. As evidence of this, lawyers and judges often refer to the DSM as the “psychiatric bible.” This language is both fascinating and perplexing. This Article will attempt to correct the notion that the DSM is a legal “psychiatric bible” by explaining how it is created and used by the medical field. It will also provide a few reasons why the law may have come to view it as a …
Energy, Consumption, And The Amorality Of Energy Law, Lincoln L. Davies
Energy, Consumption, And The Amorality Of Energy Law, Lincoln L. Davies
Utah Law Faculty Scholarship
This essay explores the connection between energy consumption and energy law and policy. It argues that the energy law and policy system is configured to promote consumption, almost blindly, so that energy seems nearly infinite and invisible to consumers. This regulatory structure thus creates a kind of amorality for energy consumers. That is, when individuals choose to consume power, those decisions are divorced from their consequences. The essay relies on Pope Francis's encyclical on climate change, Laudato Si', to build its argument, and offers observations about the importance of COP21 in Paris to transform how energy is produced and consumed.
Risk Management And Conflicts Of Interest, Leslie P. Francis
Risk Management And Conflicts Of Interest, Leslie P. Francis
Utah Law Faculty Scholarship
Risk management aims to reduce the costs of adverse events. In entities such as hospitals, risk managers do this in two ways: reducing the likelihood or seriousness of adverse events and reducing the costs of these events when they do happen. Activities aimed at the latter present direct conflicts of interest between protecting the institution and respecting the interests of the clients served by the institution—so-called institutional conflicts of interest. Activities aimed at the former would appear to benefit all parties--those at risk of accidents (because the risk is reduced) and the institution (because reducing risks also reduces the costs …
Myriad Lessons Learned, Amelia Rinehart
Myriad Lessons Learned, Amelia Rinehart
Utah Law Faculty Scholarship
Maybe the most important lesson that can be learned from cases like Myriad (ones in which the legal problems are complex) is a subtle one: the big picture is complicated. After all, if every case were easy to resolve on the merits, all lawyers and judges would be out of jobs quickly. Technology is complex, also. This results in a tendency (maybe even a compulsion) among patent attorneys and courts deciding patent cases to analogize to other areas of the law, to shoehorn fact into narrow doctrines, or otherwise to do things that reduce the case and the technology at …
Denying Death, Teneille R. Brown
Denying Death, Teneille R. Brown
Utah Law Faculty Scholarship
Terminal cancer patients are being kept in the dark about the purpose of their care. Several studies show that these patients undergo expensive and painful interventions because they are holding out hope for a cure, even when their physicians know that a cure is very unlikely. The current Medicare reimbursement system encourages this false hope by incentivizing physicians to medicate and operate on patients, rather than to talk about whether or why to do these things. Our culture also encourages this false hope by treating cancer as a war that must be won. As a result, patients are admitted to …