Content Posted in 2017
2016 Trying Times: Important Lessons to Be Learned from Recent Federal Tax Cases, Nancy McLaughlin
50th Annual William H. Leary Lecture - Fifty Years of Constitutional Law: What's Changed?, Erwin Chemerinsky
ABC Laboratories, Inc. v. Natural Anonymous Rights Foundation : Brief for the Appellant, Mark Arrington and Shaun Mathur
ABC Laboratories, Inc. v. Natural Anonymous Rights Foundation : Brief for the Appellee, Mark Arrington and Shaun Mathur
A Cautionary Tale, David Schwendiman
Accommodating Labor and Antitrust, Stephen F. Ross
Accountability and Decision Making in Autonomous Warfare: Who is Responsible?, Amos N. Guiora
Accountability and Decision Making in Autonomous Warfare: Who is Responsible?, Amos N. Guiora
Addressing Twin Crises in the Law: Underserved Clients and Underemployed Lawyers, James R. Holbrook and Jonathan R. Hornok
Addressing Utah’s School to Prison Pipeline, Tyler B. Bugden
A Declining Water Supply: How Utah Can Become Adept at Adapting to the Impacts of Climate Change, Dillon Olson
Advocacy and Association, John D. Inazu
Aggregated Royalties for Top-Down FRAND Determinations: Revisiting "Joint Negotiation", Jorge L. Contreras
Air Pollution Emissions During Startups, Shutdowns, and Malfunctions, Arnold W. Reitze Jr.
A Legal Analysis of the Transfer of Public Lands Movement, Robert B. Keiter and John C. Ruple
Alice Was No Rabbit Hole: Why Software Inventors Should Be Neither Surprised, Nor Alarmed, Sherman Helenese
Altering Rules, Cumulative Voting, and Venture Capital, John F. Coyle
A Market Reliance Theory for FRAND Commitments and Other Patent Pledges, Jorge L. Contreras
Amici Curiae Brief of Law Professors, Belk v. Commissioner, U.S. Court of Appeals for the Fourth Circuit, Nancy McLaughlin
An Empirical Study of the Impact of the Renewable Fuel Standard (RFS) on the Production of Fuel Ethanol in the U.S., Jay P. Kesan, Hsiao-Shan Yang, and Isabel F. Peres
A New Perspective on FRAND Royalties: Unwired Planet v. Huawei, Jorge L. Contreras
An Introduction to Conservation Easements in the United States: A Simple Concept and a Complicated Mosaic of Law, Nancy McLaughlin and Federico Cheever
Anticipating a Sea Change for Insider Trading Law: From Trading Plan Crisis to Rational Reform, John P. Anderson
Anti-Gay Curriculum Laws, Clifford J. Rosky
Behavioral Public Choice and the Carbon Tax, Gary M. Lucas Jr.
Being a Leader in the Law: Reflections on Meeting the Responsibilities of the Legal Profession, Curtis M. Jensen and Gregory H. Gunn
Benchslaps, Joseph P. Mastrosimone
Bikinis and Efficient Trespass Law, John Martinez
Blank Slates, Matthew Tokson
Blinding Prosecutors to Defendants' Race: A Policy Proposal to Reduce Unconscious Bias in the Criminal Justice System, Shima Baughman, Sunita Sah, and Christopher T. Robertson
Bystander No More? Improving the Federal Response to Sexual Violence in Indian Country, Sarah Deer
Can We Protect the Innocent Without Freeing the Guilty? Thoughts on Innocence Reforms that Avoid Harmful Tradeoffs, Paul Cassell
Childcare Market Failure, Meredith Johnson Harbach
Childhood, Interrupted: Encouraging the De-Institutionalization of Utah's State Hospital, Sara Montoya
Choosing Corporations Over Consumers: The Financial Choice Act of 2017 and the CFPB, Christopher L. Peterson
Clarence Thomas The Questioner, RonNell Anderson Jones
Climate Change and Common But Differentiated Responsibilities for the Ocean, Robin Kundis Craig
Climate Regulation of the Electricity Industry: A Comparative View from Australia, Great Britain, South Korea, and the United States, Lincoln L. Davies, Penelope Crossley, Peter Connor, Siwon Park, and Shelby Shaw-Hughes
Climate Regulation of the Electricity Industry: A Comparative View From Australia, Great Britain, South Korea, and the United States, Lincoln L. Davies, Penelope Crossley, Peter Connor, Siwon Park, and Shelby Shaw-Hughes
Collaborative Governance Bibliography, Michele Straube
Collaborative Group on Sustainable Grazing for U.S. Forest Service Lands in Southern Utah: Final Report and Consensus Recommendations, Michele Straube
Community Based Research: Introducing Students to the Lawyer’s Public Citizen Role, Linda F. Smith
Conservation Easements and the Valuation Conundrum, Nancy McLaughlin
Considering "Citizenship Taxation": In Defense of FATCA, Young Ran Kim
Consumer Financial Protection Bureau Law Enforcement: An Empirical Review, Christopher L. Peterson
Corporate Deferred Prosecution as Discretionary Injustice, Peter Reilly
Costs of Pretrial Detention, Shima Baughman
Counting Casualties in Communities Hit Hardest by the Foreclosure Crisis, Matthew J. Rossman
Crime Victims' Rights, Paul Cassell
Deal Momentum, Cathy Hwang
Decriminalizing Polygamy, Casey E. Faucon
Defective Punitive Damage Awards, Jill Wieber Lens
Denying Death, Teneille R. Brown
Desalination and International Watercourse Law, Aaron Schwabach
Deselecting Biased Juries, Scott W. Howe
Diagnosis Dangerous: Why State Licensing Boards Should Step in to Prevent Mental Health Practitioners from Speculating Beyond the Scope of Professional Standards, Jennifer S. Bard
Digital Democracy: Anderson v. Bell & the Expansion of Electronic Signatures in Election Law, Barry G. Statford
Does the DSM-5 Threaten Autism Service Access?, Rebecca Johnson
Drinking from a Firehose: Conversation Analysis of Consultations in a Brief Advice Clinic, Linda F. Smith
E. Bement & Sons V. National Harrow Company: The First Skirmish between Patent Law and the Sherman Act, Amelia Rinehart
Employer-Mandated Vaccination Policies: Different Employers, New Vaccines, and Hidden Risks, Teri Dobbins Baxter
Employment Discrimination against LGBT Utahns, Clifford J. Rosky, Christy Mallory, Jenni Smith, and M.V Lee Badgett
Ending the Higher Education Sucker Sale: Toward an Expanded Theory of Tort Liability for Recruitment Deception, Aaron N. Taylor
Enemy Construction and the Press, RonNell Anderson Jones and Lisa Grow Sun
(Environmental) Conflict Resolution Reading List, Michele Straube
Environmental Dispute Resolution Program: Year 1 Accomplishments: February 2012 – January 2013, Michele Straube
Environmental Dispute Resolution Program: Year 2 Accomplishments: February 2013 – January 2014, Michele Straube
Environmental Dispute Resolution Program: Year 3 Accomplishments: February 2014 – January 2015, Michele Straube
Environmental Dispute Resolution Program: Year 5 Accomplishments: February 2016 – January 2017, Michele Straube and Danya Rumore
Environmental Privacy, Katrina F. Kuh
ERISA and Graham-Cassidy: A Disaster in Waiting for Employee Health Benefits and for Dependents under 26 on their Parents’ Plans, Leslie Francis
Essentiality and Standards-Essential Patents, Jorge L. Contreras
Evading the Schoolhouse Gate: Public Schools (K-12) and the Regulation of Cyberbullying, Philip Lee
Examining the Role of Law of War Training in International Criminal Accountability, Laurie R. Blank
Finding Common Ground Across Race and Religion: Judicial Conceptions of Political Community in Public Schools, Stuart Chinn
Find Out What It Means to Me: The Politics of Respect and Dignity in Sexual Orientation Antidiscrimination, Jeremiah A. Ho
Fixing Our Third World Access to Justice Problem, Keith A. Call
Formality and Informality in Cost-Benefit Analysis, Amy Sinden
Freedom of Inheritance, Mark Glover
From Bibles to Biomarkers: The Future of the DSM and Forensic Psychiatric Diagnosis, Teneille R. Brown
From Rights to Dignity: Drawing Lessons From Aid in Dying and Reproductive Rights, Yvonne Lindgren
Frontiers in Precision Medicine II: Cancer, Big Data and the Public, Emily Coonrod, Jorge L. Contreras, Willard Dere, Jeffrey Botkin, Leslie Francis, and Jim Tabery
Get Real: Why and How Clinicians Should Record, Transcribe and Study Actual Client Consultations, Linda F. Smith
Gloucester County School Board v. G.G. : Brief of Amicus Curiae in Support of Respondent, Terry S. Kogan
Greed, Envy, and the Criminalization of Insider Trading, John P. Anderson
Growth and Legal Implications of Energy Storage Technologies, Chaunceton B. Bird
Growth, Land Use, and Planning in Bonner County, Idaho, Danya Rumore and Katherine Daly
Handcuffing a Third Grader? Interactions Between School Resource Officers and Students with Disabilities, Elizabeth A. Shaver and Janet R. Decker
Homeless Issues in Downtown Salt Lake City: Situation Assessment, Michele Straube and Jason Steiert
Homeless Issues in Downtown Salt Lake City : Situation Assessment Proposal, Michele Straube
Hoop Dreams Deferred: The WNBA, the NBA, and the Long-Standing Gender Inequity at the Game’s Highest Level, N. Jeremy Duru
How Photographs Infringe, Terry S. Kogan
“I Expected It to Happen/I Knew He’d Lost Control”: The Impact of PTSD on Criminal Sentencing After the Promulgation of DSM-5, Michael L. Perlin
"I'm Going To Let You Walk Home", Dave Lieber
Inclusive Crowdfunding, Andrew A. Schwartz
Indians, Race, and Criminal Jurisdiction in Indian Country, Alexander Tallchief Skibine
In Fisher v. University of Texas Derrick Bell's Interest Convergence Theory is on a Collision Course with the Viewpoint Diversity Rationale in Higher Education, L. Darnell Weeden
Institutional Stress and the Federal District Courts: Judicial Emergencies, Vertical Norms, and Pretrial Dismissals, Daniel J. Knudsen
International Military Tribunals’ Genesis, WWII Experience, and Future Relevance, Henry Korn
It is Time to Burn the Boats: "Twin Crises In The Law" Keynote Address, Michael D. Zimmerman
It's Not Just an Offshore Wind Farm: Combining Multiple Uses and Multiple Values on the Outer Continental Shelf, Robin Kundis Craig
Justice Scalia and Fourth Estate Skepticism, RonNell Anderson Jones
Justice Scalia’s Bankruptcy Jurisprudence: The Right Judicial Philosophy for the Modern Bankruptcy Code?, Megan McDermott
Kennecott Groundwater Remediation: Collaborative Problem Solving Builds Trust and Reduces Costs, Lauren Carpenter DeVoe
Labeling Genetically-Engineered Foods: An Update from one of the Front Lines of Federalism, Robin Kundis Craig
La Sal Collaboration (LSSC): Final Report and Consensus Recommendation, Michele Straube
Law Graduate Employment in Utah by the Numbers, Jess Hofberger
Lawyers, Clients, and Constitutional Rights, Jason Mazzone
Legality, Morality, Duality, Joshua P. Davis
Listen Up: Conversation Analysis Shows How Law Students Fail-and Succeed-in a Brief Advice Clinic, Linda F. Smith
Little Streams and Legal Transformations, Dave Owen
#LoveWins, Erin B. Corcoran
Making Sense of the Rapidly Evolving Legal Landscape of Solar Energy Support Regimes, Lincoln L. Davies
Mapping Citizenship: Status, Membership, and the Path In Between, D. Carolina Núñez
Marijuana and the Workplace: How High are the Stakes for Employees?, Jayden D. Gray
Mediation as Regulation: Expanding State Governance over Private Disputes, Lydia Nussbaum
Medical Futility and Religious Free Exercise, Teneille R. Brown
Moving Forward with Indian Water Rights Settlements, Melinda Moffitt
Myriad Lessons Learned, Amelia Rinehart
Myths of Environmental Law, Albert C. Lin
National Disparities and Standards-Essential Patents: Considerations for India, Jorge L. Contreras
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, and Neal G. Hamilton
Originalism's Obituary, Calvin TerBeek
Plugging the Rabbit Hole: The Supreme Court's Decision in Alice, Steven Swan
Property or Currency? The Tax Dilemma Behind Bitcoin, Scott A. Wiseman
Protecting Tax Payers and Crime Victims: The Case for Restricting Utah's Preliminary Hearings to Felony Offenses, Paul G. Cassell and Thomas E. Goodwin
Protecting the Watchdog: Using the Freedom of Information Act to Preference the Press, Erin C. Carroll
Public Participation in Risk Regulation: The Flaws of Formality, Emily Hammond
Public Restrooms and the Distorting of Transgender Identity, Terry S. Kogan
Putting Resilience Theory into Practice: The Example of Fisheries Management, Robin Kundis Craig
Qualitative Diversity: Affirmative Action’s New Reframe, Eang L. Ngov
Reading Alexander V. Choate Rightly: Now is the Time, Leslie Francis and Anita Silvers
Realigning Parties, Debra Lyn Bassett and Rex R. Perschbacher
Recognizing Women's Rights at Work: Health and Women Workers in Global Supply Chains, Erika George, Candace D. Gibson, Rebecca Sewall, and David Wofford
Reconsidering Federal and State Obstacles to Human Trafficking and Entitlements Victim Status, Amanda Peters
Reflecting on Multi-Party Mediation, Michele Straube
Reflections from the Montana Mall Mother
Reflections on the Future of Legal Education, James R. Holbrook
Reform or Ruin? Proposals to Amend Section 101, Jorge L. Contreras
Renewing the "Social Contract" Between Law Schools, Lawyers, and Society, Robert W. Adler
Report Card on Environmental Dispute Resolution in Utah - Grade: Incomplete but Showing Promise, Michele Straube
Restructuring Municipal Bankruptcy, Laura Napoli Coordes
Rethinking the Geography of Local Climate Action: Multilevel Network Participation in Metropolitan Regions, Hari M. Osofsky
Risks and Rewards of Externships: Exploring Goals and Methods, Linda F. Smith, Jeff Giddings, and Leah Wortham
RLUIPA and the Limits of Religious Institutionalism, Zachary Bray
Rockville Community Forum : Facilitatrs' Report, Michele Straube and Mara Elana Burstein
Rocky Mountain Mineral Law Foundation: Special Projects Funding Proposal, Michele Straube
Role-play Simulations for Climate Change Adaptation Education and Engagement, Danya Rumore, Todd Schenk, and Lawrence Susskind
Same-Sex Harassment After Boh-Brothers, Alex Reed
Same-Sex Marriage Litigation and Children's Right to be Queer, Clifford J. Rosky
Scrutinizing Immutability: Research on Sexual Orientation and U.S. Legal Advocacy for Sexual Minorities, Clifford J. Rosky and Lisa M. Diamond
Sex, Drugs, and Eagle Feathers: An Empirical Study of Federal Religious Freedom Cases, Luke W. Goodrich
Solar Climate Engineering and Intellectual Property: Toward a Research Commons, Jorge L. Contreras, Jesse L. Reynolds, and Joshua D. Sarnoff
Sources of Conflict in a Divided America, James R. Holbrook
Startups and Unmet Legal Needs, Alice Armitage, Evan Frondorf, Christopher Williams, and Robin Feldman
State v. Worthen: Demonstrating Utah's Need for an Expanded, Absolute Victim-Counselor Testimonial Privilege, Barry G. Stratford
Still Handcuffing the Cops? A Review of Fifty Years of Empirical Evidence of Miranda's Harmful Effects on Law Enforcement, Paul Cassell and Richard Fowles
Still Not Equal: A Report from the Red States, Clifford Rosky
Subconstitutional Checks, Shima Baradaran Baughman
Tax-Deductible Conservation Easements and the Essential Perpetuity Requirements, Nancy McLaughlin
Technical Standards, Standards-Setting Organizations and Intellectual Property: A Survey of the Literature (with an Emphasis on Empirical Approaches), Jorge L. Contreras
The Anti-Suit Injunction - A Transnational Remedy for Multi-Jurisdictional SEP Litigation, Jorge L. Contreras and Michael A. Eixenberger
The Bystander During the Holocaust, Robert A. Goldberg
The Bystander in the Bible, The Reverend Doctor John C. Lenz Jr.
The CAA Motor Vehicle Inspection and Maintenance Program: Is it Cost Effective?, Arnold W. Reitze Jr.
The Changing View of the “Bystander” in Holocaust Scholarship: Historical, Ethical, and Political Implications, Victoria J. Barnett
The Conflation of Patent Eligibility and Obviousness: Alice's Substitution of Section 103, Paxton M. Lewis
The Control of Air Pollution on Indian Reservations, Arnold W. Reitze Jr.
The Darker Side of Overparenting, Zvi Triger
The Disability Politics of Abortion, Mary Ziegler
The DSM-5 and Criminal Defense: When Does a Diagnosis Make a Difference?, Nancy Haydt
The DSM-5: Implications for Health Law, Stacey A. Tovino
The Economics and Perplexing Utah Law of Prejudgment Interest, Mark A. Glick, James R. Kearl, and Cory D. Sinclair
The Ends and Means of Pollution Control: Toward a Positive Theory of Environmental Law, David M. Driesen
The Enigma of Photography, Depiction, and Copyright Originality, Terry S. Kogan
The Entrepreneurial Commons: Reframing the Relationship Between Intellectual Property and Entrepreneurship, Michael J. Burstein
The Federal Question in Patent-License Cases, Amelia Rinehart
The Future of Federal-State Land Exchanges, John C. Ruple and Robert B. Keiter
The Interconnections Between Entrepreneurship, Science, and the Patent System, Amy Landers
The Jefferson B. Fordham Digital Collection, Valeri Craigle
The Keystone XL Pipeline and the Dormant Commerce Clause: Would Action by Congress Preclude Adequate Environmental Regulation at the State Level?, S. Shane Stroud
The Materiality of Morality: Conflict Minerals, Alexandrea L. Nelson
The Missing Victims of Health Care Fraud, Anthony Kyriakakis
The Neoliberal Turn in Environmental Regulation, Jason J. Czarnezki and Katherine Fiedler
The Philosophy and Jurisprudence of Chief Justice Roberts, Kiel Brennan-Marquez
The Reference Assistant, Felicity Murphy and Annalee Hickman Moser
The Supreme Court's Last 30 Years of Federal Indian Law: Looking for Equilibrium or Supremacy?, Alexander Tallchief Skibine
The Washington County Lands Bill and Vision Dixie Collaboration: A Management Model for Public Lands?, Scott Hutchins
The Way Forward: Underserved Clients, Underemployed Lawyers--What Can Law Schools Do?, Brett G. Scharffs
This Is Your Brain on Law School: The Impact of Fear-Based Narratives on Law Students, Abigail A. Patthoff
To Be Male: Homophobia, Sexism, and the Production of “Masculine” Boys, Clifford J. Rosky
Treating the Blue Rash: Win-Win Solutions and Improving the Land Exchange Process, Smith Monson
Trump University and Presidential Impeachment, Christopher L. Peterson
Tushar Grazing Allotments Collaboration: Final Report, Fishlake National Forest, Michele Straube
Uinta Basin: Elevated Ozone Creates Opportunities, Not Adversaries, John Robinson Jr.
Understanding Validity in Empirical Legal Research: The Case for Methodological Pluralism in Assessing the Impact of Science in Court, Teneille R. Brown, James Tabery, and Lisa G. Aspinwall
Unrepresented and Untimely: The PCRA's Disservice to Indigent Prisoners, Nathan Margioni
Unwed Putative Fathers: Beware Utah Adoption Law, Samuel C. Johnston
Upstanders, Whistle-Blowers, and Rescuers, Martha Minow
Utah's Fine Particulate Air Pollution Problem, Arnold W. Reitze Jr.
Utah Should Adopt a Law Allowing Courts to Apply Cash Bail Toward Restitution, Amy J. Lavin
Utah Should Adopt a Modified Version of the Revised Uniform Limited Liability Company Act, Russell K. Smith
Water Law and Climate Disasters, Robin Kundis Craig
When Local Government Misbehaves, Shelley Ross Saxer
When Winning Means Losing: Why a State Takeover of Public Lands May Leave States Without the Minerals They Covet, Robert B. Keiter and John C. Ruple
Why Marijuana is not Regulated Like Alcohol in Colorado: A Warning for States Seeking to Legalize Recreational Marijuana, Angela Macdonald
Will Congress Remove Consumer Credit “Seat Belts”?, Christopher L. Peterson
Zero Sum Games in Pollution Control: The Games We Create versus the Games We Discover, Robin Kundis Craig