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1 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
2 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
3 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
4 Antitrust jurisprudence: a symposium on the economic, political and social goals of antitrust policyFelix S. Cohen has observed that [a]n ethics, like a metaphysics, is no more certain and no less dangerous because it is unconsciously held. 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 m...Efficiency; Analysis ; Assumptions1977
5 Antitrust policy and health care reformAmong the economic and political challenges facing the United States today, none is more significant - yet difficult to resolve - than the complex puzzle of how to reform the delivery of health care services. A consensus appears to have been reached that reform should extend health care coverage to ...1994
6 Arms control in the 70's... and they shall beat their swords into plowshares, and their spears into pruninghooks: nation shall not lift up sword against nation, neither shall they learn war any more. (Isa. 2:4.) The vision of a time of peace-a time in which man's genius and his physical resources would be devoted entirel...1971
7 Artificial and transplanted organs: movable parts and the unmoving lawIn the seventeenth century, John Locke asked whether we would end up with the same person if we replaced bodily parts one by one. He concluded t h a t the person would remain the same, despite continued replacement of material parts, because the identity of a human being consists of continued partic...Organ replacement; Artificial organs; Liability1984
8 Church in politics?I BELIEVE that the Church has a right and in fact an obligation to speak out on issues which affect either the spiritual or the moral well-being of our Heavenly Father's children. As a constitutional lawyer, I do not believe that the religion clauses of the First Amendment were intended to elimin...First Amendment1981
9 Common humanity, magnificent diversityLoss forces us inward toward fundamentals. All great spiritual traditions teach, in the words of Meister Eckhart, that spirituality is about subtraction, not addition, less and less not more and more. It is in losing life that we find it.Death; Dying1995
10 Constitutional difficulties of Utah's executive branch and the need for reformUtah's constitution of 1896 has been aptly described as a "horse and buggy" constitution. Like most of her sister states, Utah adopted a constitution designed to accommodate a society accustomed to the nineteenth century pace of a horse and buggy at the very time that the industrial revolution was l...Utah, Constitution; Executive branch1966
11 Consumer 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
12 Criminal sanctions under state and federal antitrust lawsPerhaps the most violently debated issue in the law of antitrust remedies is whether criminal sanctions should be imposed. Some have made impassioned pleas for a crusade against criminal sanctions as abettors of "communism";1 others have complained that private business interests in the United Sta...Antimonopoly; Antisocial; Interests1967
13 Decisionmaking at the end of life: patients with Alzheimer's and other dementiasPatients with dementia present difficult issues for health-care decisionmaking. This article addresses the moral and legal issues posed by end of life decisionmaking for such patients. In general, the ethical goals of care are to assure that patients' choices are respected and that patients' best i...Incompetence; Precedent economy2002
14 Discipleship in the nuclear eraNUCLEAR WEAPONRY HAS PRESENTED THE greatest challenge and threat to humanity and to Christian belief in world history. Some of these problems are deep but are not unique to the nuclear era: Under what conditions-if indeed any at all-may one human being justifiably take another's life? Other problems...1987
15 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
16 Elderly immigrants: what should they expect of the social safety net?The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) terminated federal benefits to many immigrants. The Balanced Budget Act of 1997 (BBA) only partially restored these benefits to select immigrants who lawfully resided in the United States before August 22, 1996. Pr...1997
17 Eminent domain compensation in the Western states: a critique of the fair market value modelBoth the United States Constitution and the constitutions of the states of the intermountain west and the Pacific Coast prohibit the state from taking property without paying just compensation. Thus, there are two basic issues in any eminent domain case. First, has governmental interference with pro...Eminent domain; Compensation; Governmental interference; Fair Market Value2006-06-16
18 Ends and means in conflictA great danger of our time is our intense preoccupation with the ends we seek, so much so that we have overlooked the effect, usually and perhaps always the determinative effect, that our choice of means will have made upon the nature of those ends. This problem is made more difficult in that our vi...Weapons proliferation; Arms race; Atomic weapons1988
19 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
20 Evanescence of living willsOrdinary wills dispose of property after death. Living wills direct medical treatment at the end of life, before death has come but when competence is lost. The analogy explicit in naming living wills after ordinary wills emphasizes that both speak after their maker no longer can express voice, abou...Power of attorney; Competence; Autonomy1988
21 Fact-finding in the resolution of international disputes: from the Hague Peace Conference to the United NationsHere is the law, as Zeus established it for human beings; as for fish, and wild animals, and the flying birds, they feed on each other, since there is no idea of justice among them; but to men he gave justice, and she in the end is proved the best thing they have. The enduring quest of the peacema...Politics; Mediation; International politics1971
22 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
23 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
24 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
25 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
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