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26 Flynn, John J.Flaws in higher education governance are putting the U of U at riskThe governance of colleges and universities has been an enduring source of controversy. At one time or another in the long history of higher education, paramount powers of governance have been claimed by students, faculty, clergy, administrators, boards of regents or trustees, and one or another b...Institution; University; System1997
27 Firmage, Edwin B.Free exercise of religion in nineteenth century America: the Mormon casesThe Mormon cases present a fascinating study of diversity and conformity in the United States in the nineteenth century. From their beginning the Mormons were a gathered people. Almost immedi- ately, from their origins in New York, the Mormons challenged the legal systems in the nation and the state...Law; Church of Jesus Christ of Latter Day Saints; Nineteenth century; Polygamy; Theocracy1989
28 Flynn, John J.Function and dysfunction of per se rules in vertical market restraintsIn 1963, the Supreme Court held it did not know enough about the "economic and business stuff" out of which nonprice vertical market restraints "emerge" to determine whether they should be measured by a "rule of reason" test or one of "per se illegality.'" Seventeen years later, after one flip2 and ...1980
29 Flynn, John J.General practitioner's introduction to antitrust law and practiceAntitrust practice is considered by many general practitioners to be arcane, complex and mysterious. It is a jargon-ridden world, with rapid developments expanding an evermore complex vocabulary to describe new business practices brought within the ebb and flow of antitrust litigation. Most general ...Litigation.; Competition; Client1975
30 Flynn, John J.In memorium: Lionel H. FrankelWe have gathered together to celebrate the life and mourn the death of Lionel Frankel-husband, father, brother, teacher, colleague, and friend. We celebrate his life because he brought us uncommon gifts of decency, sensitivity, humanity, and compassion. We mourn his death because we will miss his pr...Memorial essay; Memorial Service2002
31 Francis, LeslieIn the realm of legal and moral Philosophy; (Book Review)Reviews the book `In the Realm of Legal and Moral Philosophy;,' by Matthew H. Kramer.Books; Philosophy2001-01
32 Firmage, Edwin B.Inner-outer speaks outDuring 1965 and 1966, I worked as an assistant to Vice President Hubert Humphrey and, in addition, participated in a program that permitted 15 young men to enjoy informal suppers and extended off-the-record chats with the President in the White House, attend frequent sessions with the Vice Preside...White House Fellows; Hubert Humphrey; Vietnam1967
33 Firmage, Edwin B.International law and the response of the United States to "Internal WarWith the spectre of nuclear weapons acting as a restraint upon the nations in terms of the levels and types of violence they will employ to achieve national goals, warfare since 1945 has undergone radical change. There has been no massive, overt aggression by one major power against another, altho...Warfare; International relations; Politics1967
34 Flynn, John J.Introduction (symposium on health care)Health care markets and related sectors of the economy like insurance provide essential services in our society. They have heen undergoing rapid change for at least the past decade, yet some thirty-seven to thirty-nine million citizens lack health care insurance at one time or another each year; rap...Health care; Health insurance; Health care, providers1995
35 Flynn, John J.Introduction: symposium- Antitrust Policy and Health Care ReformHealth care markets and related sectors of the economy like insurance provide essential services in our society. They have been undergoing rapid change for at least the past decade, yet some thirty-seven to thirty-nine million citizens lack health care insurance at one time or another each year; ra...Antitrust law; Insurance, Health; Medical care1995
36 Flynn, John J.Is and "ought" of vertical restraints after Monsanto Co. v. Spray-Rite Service Corp.Great hopes and great fears accompanied the Supreme Court's decision to review the Seventh Circuit's decision in Spray-Rite Service Corp. v. Monsanto Co. (2) Proponents of a neoclassical economic model of antitrust analysis, including the Reagan administration, saw Monsanto as a vehicle for bringing...1986
37 Firmage, Edwin B.J. Reuben Clark, Jr., law and international orderPresident J. Reuben Clark, Jr., spent his professional career, spanning some twenty-seven years, as an international lawyer.1 From the time of his graduation from the Columbia Law School in 1906 and his appointment as assistant Solicitor (an assistant legal adviser in the Department of State) in the...Arbitration; Settlement; Resolution1973
38 Firmage, Edwin B.Judicial campaign against polygamy and the enduring legal questionsFor lay people the chief virtue of our Constitution is not in its distribution of power or in its guarantees of participation in governmental processes but in the protections it affords individual liberties, not least of which is freedom of conscience. Yet ratification of the Bill of Rights did not...Polygamists; Edmunds Act; Cohabitation1987
39 Francis, LeslieJustice through trust: disability and the Outlier problem in Social Contract TheoryThe article focuses on the flaws of the social contract theory. It explores how hostile the social contract as a bargaining process has been thought to distance disabled people from contract-based justice. It analyzes the argument that the history of social contract theory exclude the people with di...Consensus, social sciences; Discrimination; Social contract; Social ethics; Sociology of disability2005-10
40 Firmage, Edwin B.Knowledge and Politics by Roberto Mangabeira Unger (book review)Unger's Knowledge and Politics is a rare philosophical endeavor: it is an expression of hope articulated as a theory of human nature and politics. The hope expressed in Unger's work is that the empiricism of Hobbes, Locke, Berkeley, and Hume, and the corollary thesis of the subjectivity of values an...Book review; Philosophy1972
41 Firmage, Edwin B.Lane lecture: Law and beyond law: a new humanityThe Cold War is finally over, Soviet Communism has collapsed along with the Soviet-sponsored regimes in Eastern Europe. This event will likely record in history as one of the five happenings in this century having shattering importance.Cold war; Peace; Nuclear weapons; International law1992
42 Firmage, Edwin B.Law and the Indochina War: a retrospective viewThis century, from the Hague Conferences through the Vietnam War, has seen a profound change in attitudes toward the role of law as a constraint upon foreign policy. The Hague Conferences represented at once an attempt, however feeble, by men of mixed motives to emplace fledgling prophylactic lega...Foreign affairs; Dispute resolution; International disputes; Arbitration1974
43 Firmage, Edwin B.Law of presidential impeachmentThis Article will focus upon four influences that together determine the law of presidential impeachment: English law; the Constitutional Convention and state ratifying conventions; American impeachment experience; and public policy considerations. It is the public policy considerations upon which ...Wrongdoing; Executive branch1973
44 Flynn, John J.Legal reasoning and the jurisprudence of vertical restraints: the limitations of neoclassical economic analysis in the resolution of antitrust disputesThe question of how antitrust policy "ought" to treat vertical distribution restraints in the 1980s under section 1 of the Sherman Act(1) embodies the difficulties entailed when any field of law becomes captive to a single paradigm. (2) Inherently political assumptions concerning the proper scope ...1987
45 Flynn, John J.Legal reasoning, antitrust policy and the social "science" of economicsThere is an area some eight to ten miles off Astoria, Oregon, called "The Bar," where the fresh water of the Columbia River meets the salt water of the Pacific Ocean. It is a place of turbulent, shifting currents and choppy waters where moving sand bars trap even the most experienced sailors. Like ...1988
46 Francis, LeslieLegal truth and moral realismThis January, the United States Supreme Court heard oral argument in appeals from two controversial "right to die" cases; decisions in the cases are expected by the end of the term.1 The Ninth Circuit case held that Washington's ban on assisted suicide, including physician-assisted suicide, violate...Suicide; Dying; Ethics1997
47 Flynn, John J.Misuse and abuse of the Tunney Act: the adverse consequences of the microsoft fallaciesThere have been two Microsoft cases leading to final judgements. Throughout the Tunney Act processes in both cases, however, there was little discussion regarding the standards of judicial review that should apply in a Tunney Act consent decree proceeding where no litigation has taken place. There ...Tunney Act; Microsoft; Microsoft fallacy2003
48 Flynn, John J.Monopolization under the Sherman Act: the third wave and beyondLike Gaul, monopolization litigation under section 2 of the Sherman Act has been divided into three parts: A first part beginning with the Northern Securities case of 1904(1) and ending with the U.S. Steel case in 1920;(2) a second part, the Thurmond Arnold era, beginning in the late 30's with the f...1981
49 Firmage, Edwin B.MX:democracy, religion and the rule of law--my journeyThis is my story of the defeat of the MX missile's proposed basing mode in the Great Basin of the West. Where to begin? I'm reflecting on cancer and MX at this moment. About journeys where we would not go but do. Beginnings are not easy, though the first verses of Genesis and John make them sound so...Missile Experimental; Great Basin; Cold War2004
50 Flynn, John J.Old wine in new bottles: some observations about current monopolization litigationLawyers seldom have the luxury of speaking in generalities. The particulars of the cases and the client's problems we deal with usually limit our immediate concerns and thinking to the facts at hand. Facts, unlike the generalities law professors are allowed to dispense in the classroom or the unrea...Lawyers; Assumptions; Analysis1983
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