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Full-Text Articles in Law

Collaborative Group On Sustainable Grazing For U.S. Forest Service Lands In Southern Utah: Final Report And Consensus Recommendations, Michele Straube Dec 2012

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 …


Childhood, Interrupted: Encouraging The De-Institutionalization Of Utah's State Hospital, Sara Montoya Jan 2012

Childhood, Interrupted: Encouraging The De-Institutionalization Of Utah's State Hospital, Sara Montoya

Utah OnLaw: The Utah Law Review Online Supplement

While boasting a culture that is rich in family and community values, Utah ought to be leading the way in developing and implementing a comprehensive and efficient system of care that protects children and families by placing tools within the home and the community to strengthen these core units of Utah society. Further, with the Utah State Hospital at the end of its physical lifespan, and a crippled economy requiring more budget pinching than ever, the timing is particularly conducive to taking these crucial steps forward. With these litigation tools, an advocacy group or family might be able to successfully …


Protecting Tax Payers And Crime Victims: The Case For Restricting Utah's Preliminary Hearings To Felony Offenses, Paul G. Cassell, Thomas E. Goodwin Jan 2012

Protecting Tax Payers And Crime Victims: The Case For Restricting Utah's Preliminary Hearings To Felony Offenses, Paul G. Cassell, Thomas E. Goodwin

Utah OnLaw: The Utah Law Review Online Supplement

Requiring preliminary hearings for Class A misdemeanors is undesirable for two simple reasons. First, the court’s decision will result in hundreds of additional preliminary hearings a year, thus imposing substantial costs on taxpayers and burdens on an already overwhelmed criminal justice system. Second, the decision will create substantial hardships for crime victims, who will now be twice subjected to cross-examination by defense attorneys—once at the preliminary hearing and again later at trial. And these costs will generate no significant benefit in return.


No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts, Samuel P. Newton, Teresa L. Welch, Neal G. Hamilton Jan 2012

No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts, Samuel P. Newton, Teresa L. Welch, Neal G. Hamilton

Utah OnLaw: The Utah Law Review Online Supplement

Utah’s justice of the peace courts look and feel exactly like district courts, yet they lack the benefits and protections afforded to citizens charged with more serious offenses. Utah should strongly consider abolishing its justice courts in order to integrate them into a statewide system of justice that would “keep the peace” for all of the state’s citizens. If Utah does not abolish its justice courts, then it should implement the procedures and reforms outlined in this Article. Utah continues to have an opportunity to provide meaningful, and constitutional, justice administered at its local level. Once these reforms were implemented, …


Fear Of The Queer Child, Clifford Rosky Jan 2012

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 …