Law Commons^™

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 …

Collaborative Group On Sustainable Grazing For U.S. Forest Service Lands In Southern Utah: Final Report And Consensus Recommendations, Michele Straube

Environmental Dispute Resolution Program

In the fall of 2011, the Utah Department of Agriculture and Food and the Utah Department of Natural Resources jointly convened a collaborative group to discuss sustainable grazing on the U.S. Forest Service lands in southern Utah. The Forests under consideration were the Fishlake National Forest, the Manti‐La Sal National Forest, and the Dixie National Forest. A diverse array of stakeholders came together to learn from one another, identify current issues, and develop agreement on how Forest Service lands can be sustainably grazed. Representatives from the livestock industry, conservation interests, state and federal agencies, universities, sportsmen’s interests, and local government …

Fear Of The Queer Child, Clifford Rosky

Utah Law Faculty Scholarship

This article is about the fear of the queer child — the fear that exposing children to homosexuality and gender variance makes them more likely to develop homosexual desires, engage in homosexual acts, deviate from traditional gender norms, or identify as lesbian, gay, bisexual, or transgender. This fear is thousands of years old, but it has undergone a remarkable transformation in the last half-century, in response to the rise of the LGBT movement. For centuries, the fear had been articulated specifically in sexual terms, as a belief that children would be seduced into queerness by adults. Since the 1970s, it …

Controlling Greenhouse Gases From Highway Vehicles, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

This article discusses the program aimed at increasing the efficiency of highway vehicles that is administered by the EPA under the Clean Air Act and by the Department of Transportation.

Employment Discrimination Against Lgbt Utahns, Clifford Rosky, Christy Mallory, Jenni Smith, M.V Lee Badgett

Utah Law Faculty Scholarship

Utah does not have a statewide law that prohibits discrimination based on sexual orientation and gender identity in employment. This report gathers together all existing data on the prevalence of discrimination in Utah to examine how frequently lesbian, gay, bisexual, and transgender Utahns experience employment discrimination based on sexual orientation and gender identity and assess the likely impact of passing a statewide nondiscrimination law.

The report begins by analyzing the data collected through a 2010 survey conducted by Equality Utah, which is the state’s first survey on discrimination based on sexual orientation and gender identity in employment. The data show …

Perry V. Schwarzenegger And The Future Of Same-Sex Marriage Law, Clifford Rosky

Utah Law Faculty Scholarship

In Perry v. Schwarzenegger, Chief Judge Vaughn Walker held that Proposition 8 — an amendment to the California Constitution that prohibits same-sex couples from marrying — violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment. To date, legal experts have claimed that although Judge Walker’s factual findings may be novel and significant, his legal analysis is familiar and not likely to have a significant impact, in this case or others. This Article argues that the common wisdom about Judge Walker’s ruling is misguided, because it overlooks novel aspects of Judge Walker’s legal analysis that have the potential …

Stateless Crimes, Legitimacy, And International Criminal Law: The Case Of Organ Trafficking, Leslie Francis, John Francis

Utah Law Faculty Scholarship

Organ trafficking—coercion for the purpose of removal of organs (United Nations 2000; GTZ 2004)—is recognized as a significant international problem. Yet unlike sex trafficking or trafficking in children, it is largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. It does not come within the jurisdiction of the ICC, except in very special cases such as when it is conducted in a manner that conforms to the definitions of genocide or crimes against humanity. Although the United States Code characterizes trafficking as “a transnational crime with national implications,” (22 U.S.C. …

Tushar Grazing Allotments Collaboration: Final Report, Fishlake National Forest, Michele Straube

Environmental Dispute Resolution Program

The Tushar Allotments Collaboration grew out of an appeal of a decision made by the Forest Service to reauthorize grazing on eight allotments within the Tushar Mountains. The appeal was withdrawn, so that issues regarding existing conditions, desired future conditions and appropriate grazing management actions to move from existing toward desired conditions could be explored collaboratively between the Forest Service, grazing permittees, the appellants and other interested stakeholders, with a focus on two representative allotments – the Pine Creek/Sulphurbeds and Ten Mile allotments.

Like Father, Like Son: Homosexuality, Parenthood, And The Gender Of Homophobia, Clifford Rosky

Utah Law Faculty Scholarship

This Article argues that gender influences the expression of homophobic and heterosexist stereotypes about gay and lesbian parents. By conducting a comparative analysis of reported family law opinions, it shows that gay and lesbian parents are subjected to gender-influenced stereotypes in custody and visitation cases - stereotypes that are influenced by the parent’s gender, the child’s gender, and the judge’s gender. First, gay fathers are subjected to two stereotypes that are influenced by the parent’s gender. They are stereotyped as HIV agents and child molesters - men who infect children with HIV and sexually abuse children, especially boys. Lesbian mothers …

Avalanche Or Undue Alarm? An Empirical Study Of Subpoenas Received By The News Media, Ronnell Anderson Jones

Utah Law Faculty Scholarship

For more than 30 years, proponents and opponents of a federal reporter's shield law have debated the necessity of a privilege for members of the news media and have disagreed sharply about the frequency with which subpoenas are issued to the press. Most recently, in the wake of several high-profile contempt cases, proponents have pointed to a perceived "avalanche" of subpoenas, while opponents have contended that the receipt of subpoenas by reporters remains very rare. This article summarizes the results of an empirical study on the question. The study gathered data on subpoenas received by daily newspapers and network-affiliated television …

Brain Images As Legal Evidence, Walter Sinnott-Armstrong, Adina Roskies, Teneille R. Brown, Emily Murphy

Utah Law Faculty Scholarship

This paper explores whether brain images may be admitted as evidence in criminal trials under Federal Rule of Evidence 403, which weighs probative value against the danger of being prejudicial, confusing, or misleading to fact finders. The paper summarizes and evaluates recent empirical research relevant to these issues. We argue that currently the probative value of neuroimages for criminal responsibility is minimal, and there is some evidence of their potential to be prejudicial or misleading. We also propose experiments that will directly assess how jurors are influenced by brain images.

Force, Inc.: The Privatization Of Punishment, Policing, And Military Force In Liberal States, Clifford Rosky

Utah Law Faculty Scholarship

Should our punishment, policing, and military institutions be public, private, or both? Is there a special link between the project of government and the exercise of force? These two questions have vexed philosophers for several centuries, and lately, they have begun to present more practical problems as well. In the past three decades, private punishment, policing, and military markets have blossomed and boomed in liberal states. Private prisons, police, and armies have been popping up around the world, punishing criminals, fighting crimes, keeping peace, and waging war. The use of force has generated unprecedented profits, and the boundaries between public …

Medical Paradigms For Counseling: Giving Clients Bad News, Linda F. Smith

Utah Law Faculty Scholarship

When lawyers must give clients "bad news," they should draw upon the lessons that emerge from the world of medical counseling. Lawyers must be direct and candid about the state of affairs. They must fully describe how grim the situation appears nd explain why this is their opinion. They must enter into a dialogue in which the client's questions are answered and the client's feelings are respected and responded to. Lawyers must be self-aware in order to avoid re-sponding dysfunctionally to the client's reactions. They should show empathy and communicate hope to the "whole person" who is the client. Only …

Title 73 Chapter 06: Withdrawal Of Unappropriated Waters - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 08: Metropolitan Water Districts - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 05: Administration And Distribution - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 14: Pollution Of Waters - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 13: Treaties Concerning Colorado River - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 21: Ute Indian Water Compact - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 20: Emergency Water Resources - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 19: Columbia Interstate Compact - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 18: State Boating Act - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 25: Great Salt Lake Development Authority Act - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 17: Columbia River Compact - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 07: Irrigation Districts - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 22: Geothermal Resource Conservation - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 09: Water Conservancy Act - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 12: Utah Lake Diking Project - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 11: Consolidation Of Water Companies And Conservation Districts - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.

Title 73 Chapter 02: State Engineer - 1989 Volume 7c, Utah Code Annotated

Utah Code Annotated 1943-1995

No abstract provided.