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Creator | Title | Description | Subject | Date |
51 |
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Francis, Leslie; Battin, Margaret P.; Botkin, Jeffrey R.; Jacobson, Jay A. | Quick easy questions for analyzing medical ethical cases | Sometimes, traditional philosophical ways of analyzing medical-ethics cases seem just too cumbersome, particularly to people without training in ethical theory. The issues are important, interesting, often compellingly engaging. But it isn't the time for heavy jargon, or terms like "deontology" or ... | | 1997 |
52 |
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Flynn, John J. | Reagan administration's antitrust policy, "original intent" and the legislative history of the Sherman Act | Until the advent of the Reagan Administration there was an general consensus in the courts and in most of academia with regard to the values underlying and the goals of Federal antitrust policy. In Appalachian Coals, Inc. v. United States,' the Supreme Court summarized the goals of the Sherman Act ... | | 1988 |
53 |
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Flynn, John J. | Reaganomics and antitrust enforcement: a jurisprudential critique | There are few judges, psychoanalysts or economists today who do not begin a consideration of their typical problems with some formula designed to cause all moral problems to disappear and to produce an issue purified for the procedure of positive empirical science. But the ideals have generally reti... | Ethics; Morality; Antitrust Law | 1983 |
54 |
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Firmage, Edwin B. | Reflections on Mormon history: Zion and the anti-legal tradition | SIR HENRY MAINE, OUR FIRST GREAT MODERN legal historian of the English language and law, in describing the paradigmatic shift from early feudal European society to a world of secular, territorial nation-states and market economy, observed that we had moved "from status to contract." "Status" assume... | Heaven; Christians; Revelations | 1998 |
55 |
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Firmage, Edwin B. | Religion & the law: the Mormon experience in the nineteenth century | The Mormon cases present a fascinating study of diversity and conformity in the nineteenth century United States. From their beginning the Mormons were a gathered people. Almost immediately, from the time of the origin in New York, the Mormons challenged national and state legal systems to protect... | Law; Church of Jesus Christ of Latter Day Saints; Nineteenth century; Polygamy; Theocracy | 1990 |
56 |
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Firmage, Edwin B.; Mangrum, Collin | Removal of the president: resignation and the procedural law and impeachment | The aborted proceeding to impeach Richard Nixon has stimulated debate about the appropriateness of the impeachment process as a check upon the arbitrary use of presidential power. Impeachment has been criticized as a cumbersome, agonizingly slow, and unjustifiably expensive way for Congress to expre... | Richard Nixon pardon; Presidential misconduct; Political punishments | 1975-01 |
57 |
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Flynn, John J. | Response | Speculation proceeding upon no set path and minimizing a logical thread of analysis may often be far more productive of insights into our never-ending search for knowledge than the most logical and analytical pursuit of "truth." The latter process is often premised upon unchallenged and unchallenge... | Truth; Society ; Values | 1975 |
58 |
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Firmage, Edwin B. | Rogue presidents and the war power of congress | Since World War II we have engaged in overt and covert war and acts of war, often initiated by the president without the authorization of Congress. By presidential directive we have conducted full-scale war; initiated coups; mined harbors; encouraged political assassination; aided insurrection and s... | War power; Presidents; Congress | 1988 |
59 |
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Firmage, Edwin B. | Seeing the stranger as enemy: coming out | In March 1996 the Utah state legislature banned gay / straight student support groups in all Utah public high schools. This act, along with the rhetoric of several legislators attacking gay and lesbian students, precipitated a rally of some 2,000 people at Salt Lake City's Wallace F. Bennett federal... | Utah; Legislature; Gay/straight alliance; Public high school; Protest marches | 1997 |
60 |
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Firmage, Edwin B. | Shanties, symbolic speech, and the public forum: ramshackle protection for free expression | Shanties, symbolizing student opposition to South African apartheid and the demand that United States universities divest from corporations doing business in South Africa, were the sit-ins of the 1980s. Silent but graphic, shanties challenged the established order and attracted media attention. Som... | Civil demonstration; Civil protest; First Amendment; Civil liberties | 1990 |
61 |
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Flynn, John J. | Social, political and economic consequences of corporate size | Congress has often expressed its concern for fostering the long term values of small business as the cornerstone of a viable political, social and economic system guaranteeing fundamental human freedom, maximizing economic opportunity and well-being, and providing political stability in the world's... | Small business; Freedom; Congress | 1976 |
62 |
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Francis, Leslie | Some animals are more equal than others | It is a welcome development when academic Philosophy; starts to concern itself with practical issues, in such a way as to influence people's lives. Recently this has happened with one moral issue in particular-but unfortunately it is the wrong issue, and people's actions have been influenced in the ... | Animal liberation; Rights | 1978 |
63 |
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Firmage, Edwin B. | Speech and campaign reform: congress, the courts and community | Investigation following Watergate revealed the integrity of our political system to be threatened by corporate and other special interest money to a degree unmatched since the turn of the century, when the exploits of political boss Mark Hanna and the financial power of the corporations gave birt... | Public financing; Contributions; Corporate | 1980 |
64 |
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Flynn, John J. | Standard Oil and Microsoft - intriguing parallels or limping analogies? | The computer industry and the law of antitrust have been preoccupied with the struggle between the federal and several state governments and Microsoft for most of the past decade. Microsoft's use of its domination over the personal computer (PC) industry by virtue of its control of the operating sy... | | 2002 |
65 |
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Flynn, John J. | Survey of injunctive relief under state and federal antitrust laws | Relatively little has been written about equitable relief under state and federal antitrust laws.1 Equity power in antitrust enforcement means much more than the mere power to restrain a defendant from doing an act for which the plaintiff has no "remedy at law," to order a defendant to remove a nuis... | Statute; Directive | 1967 |
66 |
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Francis, Leslie | Title IX: equality for women's sports? | Since their beginnings in 1859 with a crew race between Harvard and Yale, intercollegiate athletics have been central to the mythology of American universities. Varsity football dominates the fall social calendar of student life; "homecoming," timed to coincide with an important football game, evok... | | 1995 |
67 |
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Firmage, Edwin B. | Treaty on the nonproliferation of nuclear weapons | THE NEED : On March 13, 1969, the United States Senate by a vote of 83 to 15 consented to the ratification of a treaty described as "the most important international agreement brought before the U. S. Senate since the North Atlantic Pact" and "the most important international agreement limiting nucl... | Arms control; Diffusion of arms; Atomic negotiations | 1969-10 |
68 |
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Flynn, John J. | Trends in federal antitrust doctrine suggesting future directions for state antitrust enforcement | State antitrust policy, in the form of constitutional provisions, statutes, and common law decisions, has been with us for decades.1 Originally hamstrung by restrictive court decisions fencing off state jurisdiction from commerce that was "interstate,"2 state antitrust enforcement enjoyed many years... | Antitrust enforcement | 1979 |
69 |
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Flynn, John J. | Tribute: Daniel J. Dykstra: the Utah Years 1949-1965 | It is with humility and trepidation that I rise to recount Dan Dykstra's years as a teacher, leader, and friend of the University of Utah, its College of Law, his Utah colleagues, and his Utah students. Humility because there are those with us today who are better able to recall those years like his... | Memorial service; Essay; Law, faculty | 2000 |
70 |
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Flynn, John J. | University and human values: introspection | It is reported that Socrates, the patron saint of law professors and many other teachers, was convicted and sentenced to death by the people of Athens on a three-count indictment: for refusing to recognize the gods recognized by the state, for introducing other and new divinities, and for "corrupti... | | 1984 |
71 |
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Firmage, Edwin B. | Utah Supreme Court and the rule of law: Phillips and the Bill of Rights in Utah | The Utah Supreme Court in State v. Phillips denied the applicability of the freedom of speech provisions of the fist amendment (and by dicta any other provision of the Bill of Rights) as a protection of individual rights against state governments by way of the due process clause of the fourteenth am... | Utah Law; Utah Supreme Court; Free speech | 1975 |
72 |
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Firmage, Edwin B. | Violence and the gospel: the teachings of the Old Testament, the New Testament, and the Book of Mormon | A United Nations study estimates that the direct effects of an all-out nuclear exchange-the initial blasts, the consequent radiation, and the ensuing fires-would kill 1.1 billion people.1 Beyond those direct effects, indirect, radiation-related effects would create an unprecedented pandemic that wo... | Warfare; War; Deliverance | 1986 |
73 |
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Firmage, Edwin B. | Vladivostok and beyond: SALT I and the propects for SALT II | The tortuously constricted boundaries within which the Vladivostok agreement can be considered as an advance toward the goal of arms reduction and stability remind us once again that technology unconstrained by law inexorably limits that arena within which we enjoy the capacity to control our own f... | Arms control; SALT I; SALT II; Atomic negotiations | 1975 |
74 |
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Firmage, Edwin B. | War power of Congress and revision of the war powers resolution | The United States Congress enacted the War Powers Resolution to restore its constitutionally mandated control over the war- making process. By forcing the President to seek congressional approval for military activity in volatile situations, Congress hoped to avoid the abuse of the war power by the ... | Control; Delegation; Self-defense | 1991 |
75 |
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Firmage, Edwin B. | War powers and the political question doctrine | A fundamental and potentially healthy tension exists between democratic government, under which the majority ordinarily prevails, and judicial review, by which the judiciary may check unconstitutional actions of the political branches. A balance must be struck between the two concepts, or one could ... | Democratic; Federalism; Judicial | 1977 |