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CreatorTitleDescriptionSubjectDate
1 Flynn, John J.Survey of injunctive relief under state and federal antitrust lawsRelatively 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; Directive1967
2 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
3 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
4 Francis, LeslieRecent developments in genetic diagnosis: some ethical and legal implicationsThis essay outlines some of the ethical complexities genetic technology poses in two areas of decision-making: when to perform genetic testing and what to do with the information gained from genetic testing.Genetic Technology; Genetic Testing; Ethics1986
5 Flynn, John J.Antitrust allegoryJustice SPENCER delivered the opinion of the Court. This is a treble damage action under the Sherman Act, 15 U.S.C. § 1 et seq., the only antitrust case of any kind filed in the federal courts in the past two years.1 We take note of the fact that the Attorney General announced a year ago that ni...John Sherman Widget Co.; Adam Smith Widgets, Inc.; Sherman Act1987
6 Francis, LeslieConsumer expectations and access to health careAmericans-some of them at least-enjoy a remarkable range of expectations about their health care. They have come to rely on free choice of physicians, on autonomy and the doctrine of informed consent to care, on the belief that they can get the best care money can buy, on the assumption that resourc...Consumer expectations1992
7 Flynn, John J.Distributive justice: some institutional implication of Rawls' Theory of JusticeDistributive justice combines Philosophy;, economics, and jurisprudence in an attempt to establish the fundamental theory by which wealth and resources are allocated among the members of a society. The need for a rationally based distributive system to allocate resources in an organized society aris...Justice, theory; Philosophy;, Law; Jurisprudence; Economics1975
8 Firmage, Edwin B.Ernst Freund: pioneer of administrative lawErnst Freund was born in New York City on January 30, 1864, during a visit of his family to the United States from their native Germany. Much of his education took place in Germany, a fact that significantly influenced his views on administrative law. He studied successively at Dresden, Frankfort, B...Memoriam; Biography1962
9 Flynn, John J.Antitrust and the newspapers a comment on S. 1312The American newspaper industry, often called "The Fourth Estate," apparently believes it has fallen on hard times. The aristocrats of the Fourth Estate, the daily newspapers, came to the Ninetieth Congress seeking a boon: relaxation of the rigors of antitrust policy as applied to mergers and joint ...Publishers; Circulation; Revenues1968
10 Firmage, Edwin B.; Mangrum, CollinRemoval of the president: resignation and the procedural law and impeachmentThe 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 punishments1975-01
11 Firmage, Edwin B.Violence and the gospel: the teachings of the Old Testament, the New Testament, and the Book of MormonA 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; Deliverance1986
12 Flynn, John J.Federalism and viable state government: the history of Utah's ConstitutionThe decade of the 1960's has witnessed, thus far, a sharp upswing of interest in the state of the states. Financial crisis, political paralysis, reapportionment, and the continued trend of federal intervention in heretofore "local" affairs have forced believers in the federal idea to reexamine the s...Constitution, Law; History1966
13 Firmage, Edwin B.Allegiance and stewardship: holy war, just war, and the Mormon tradition in the nuclear ageThe present escalation in nuclear weapons technology between the United States and the Soviet Union has progressed beyond the point where any increase in such weaponry necessarily results in increased national security. It has become, in fact, the ultimate act of idolatry, a reliance upon technology...Nuclear weapons; Salvation; Peacemakers1983
14 Firmage, Edwin B.War powers and the political question doctrineA 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; Judicial1977
15 Firmage, Edwin B.Vladivostok and beyond: SALT I and the propects for SALT IIThe 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 negotiations1975
16 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
17 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
18 Flynn, John J.Trends in federal antitrust doctrine suggesting future directions for state antitrust enforcementState 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 enforcement1979
19 Firmage, Edwin B.War power of Congress and revision of the war powers resolutionThe 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-defense1991
20 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
21 Firmage, Edwin B.Treaty on the nonproliferation of nuclear weaponsTHE 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 negotiations1969-10
22 Flynn, John J.Which past is prolog? the future of private antitrust enforcementFor the past four decades, and despite doubts voiced 100 years ago by the principal draftsmen of the Sherman Act,' the primary enforcement of the federal antitrust laws has occurred through private litigation.21990
23 Firmage, Edwin B.Utah Supreme Court and the rule of law: Phillips and the Bill of Rights in UtahThe 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 speech1975
24 Firmage, Edwin B.Speech and campaign reform: congress, the courts and communityInvestigation 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; Corporate1980
25 Flynn, John J.Reaganomics and antitrust enforcement: a jurisprudential critiqueThere 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 Law1983
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