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SJ Quinney College of Law, University of Utah

2013

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Articles 31 - 34 of 34

Full-Text Articles in Law

No Promo Hetero: Children's Right To Be Queer, Clifford Rosky Jan 2013

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 Jan 2013

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 …


Legal And Ethical Precepts Governing Emerging Military Technologies: Research And Use, George R. Lucas Jan 2013

Legal And Ethical Precepts Governing Emerging Military Technologies: Research And Use, George R. Lucas

Utah Law Review

From the emergence and increasing use of unmanned or remotely piloted vehicles to the advent of cyber war and conflict, the development of new and exotic military technologies has provoked fierce and divisive public debate regarding the ethical challenges posed by such technologies.1 I have increasingly come to believe that the language of morality and ethics has served us poorly in this context and presently serves to further confuse us, rather than to clarify or enlighten us, on how best to cope with the continuing development and deployment of seemingly exotic new military technologies.


Extending Positive Identification From Persons To Places: Terrorism, Armed Conflict, And The Identification Of Military Objectives, Laurie R. Blank Jan 2013

Extending Positive Identification From Persons To Places: Terrorism, Armed Conflict, And The Identification Of Military Objectives, Laurie R. Blank

Utah Law Review

In January 2013, French forces combating rebel forces in Mali attacked "Islamic targets" in northern Mali and French fighter planes "hit rebel targets in the northern cities of Gao and Kidal" Turkish forces frequently attack "rebel positions," fighting the Kurdistan Workers Party (PKK) in Iraq's Kurdistan region, and the Sri Lankan Army targeted "terroris stronghold[s]" during the conflict with the Tamil Tigers. The Israel Defense Forces contend with "rocket villages" in Hezbollah-dominated areas in southern Lebanon and with the complexities of a periodically intensifying conflict with a terroris entity governing the Gaza Strip. In Afghanistan, U.S. and multinational forces seek …