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Creator | Title | Description | Subject | Date |
26 |
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Flynn, John J. | General practitioner's introduction to antitrust law and practice | Antitrust 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; Client | 1975 |
27 |
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Flynn, John J. | Constitutional difficulties of Utah's executive branch and the need for reform | Utah'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 branch | 1966 |
28 |
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Firmage, Edwin B. | Law of presidential impeachment | This 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 branch | 1973 |
29 |
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Firmage, Edwin B. | Free exercise of religion in nineteenth century America: the Mormon cases | The 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; Theocracy | 1989 |
30 |
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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 |
31 |
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Flynn, John J. | Professional ethics and the lawyer's duty to self | A peaceful society depends on the high ethical standards of its lawyers: Communal trust in the legal process gives force to the law that helps to maintain society as a cohesive organism. In the past decade of turmoil, mutual trust and confidence in our institutions has declined; individual interes... | Society; Amorality; Standards | 1976 |
32 |
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Firmage, Edwin B. | J. Reuben Clark, Jr., law and international order | President 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; Resolution | 1973 |
33 |
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Flynn, John J. | Which past is prolog? the future of private antitrust enforcement | For 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.2 | | 1990 |
34 |
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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 |
35 |
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Francis, Leslie | Legal truth and moral realism | This 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; Ethics | 1997 |
36 |
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Flynn, John J. | Antitrust allegory | Justice 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 Act | 1987 |
37 |
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Flynn, John J. | Distributive justice: some institutional implication of Rawls' Theory of Justice | Distributive 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; Economics | 1975 |
38 |
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Firmage, Edwin B. | Ends and means in conflict | A 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 weapons | 1988 |
39 |
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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 |
40 |
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Firmage, Edwin B. | Fact-finding in the resolution of international disputes: from the Hague Peace Conference to the United Nations | Here 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 politics | 1971 |
41 |
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Francis, Leslie | Evanescence of living wills | Ordinary 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; Autonomy | 1988 |
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Flynn, John J. | Legal reasoning, antitrust policy and the social "science" of economics | There 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 |
43 |
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Flynn, John J. | Function and dysfunction of per se rules in vertical market restraints | In 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 |
44 |
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Firmage, Edwin B. | Judicial campaign against polygamy and the enduring legal questions | For 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; Cohabitation | 1987 |
45 |
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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 |
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Flynn, John J. | Old wine in new bottles: some observations about current monopolization litigation | Lawyers 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; Analysis | 1983 |
47 |
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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 |
48 |
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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 |
49 |
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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 |
50 |
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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 |