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51 Flynn, John J.Orphan Drug Act: an unconstitutional exercise of the patent powerIn 1983, Congress adopted the Orphan Drug Act (the "Act") pursuant to its power to regulate interstate and foreign commerce to stimulate research and development of drugs useful in treating relatively rare diseases.1 The cost of drug research and complying with the complex requirements for securing ...Health Care; Drugs; Medicine; Medical treatment1992
52 Francis, LesliePenn Central Transportation Company v. New York City: easy taking-clause cases make uncertain Law.In Penn Central Transportation Company v. New York City, the Supreme Court held that New York City's Landmarks Preservation Law as applied to Grand Central Terminal was not a "taking" of property for which compensation is constitutionally required. The decision has been hailed as a major victory for...Law; Compensation; Property Rights; Landmarks Preservation Law; Supreme Court Rulings2006-06-16
53 Francis, LesliePermissiveness and control (Book Review)A review of the book "Permissiveness and Control".Books; Philosophy1981-10
54 Francis, LesliePoverty, age discrimination, and health careIn Euripides' play Alcestis, Alcestis' middle-aged husband, Admetus, is told by the gods that it is his turn to die next. Admetus bargains a reprieve, promising in exchange to find another soul to take his place. His friends all turn him down. So do his father and mother. Admetus rebukes his father...Alcesti, Section, Objective1985
55 Flynn, John J.Professional ethics and the lawyer's duty to selfA 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; Standards1976
56 Francis, Leslie; Battin, Margaret P.; Botkin, Jeffrey R.; Jacobson, Jay A.Quick easy questions for analyzing medical ethical casesSometimes, 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
57 Flynn, John J.Reagan administration's antitrust policy, "original intent" and the legislative history of the Sherman ActUntil 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
58 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
59 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
60 Firmage, Edwin B.Reflections on Mormon history: Zion and the anti-legal traditionSIR 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; Revelations1998
61 Firmage, Edwin B.Religion & the law: the Mormon experience in the nineteenth centuryThe 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; Theocracy1990
62 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
63 Flynn, John J.ResponseSpeculation 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 ; Values1975
64 Firmage, Edwin B.Rogue presidents and the war power of congressSince 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; Congress1988
65 Francis, LeslieRoles of the family in making health care decisions for incompetent patientsThis article is about the roles of the family in making health care decisions for incompetent patients. It argues that complex moral reasons call for the participation of families in decision making for incompetents. However, these moral reasons do not support a single model of the family's role for...Family; Health Care Decisions; Patients; Family Rights2006-06-16
66 Firmage, Edwin B.Seeing the stranger as enemy: coming outIn 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 marches1997
67 Firmage, Edwin B.Shanties, symbolic speech, and the public forum: ramshackle protection for free expressionShanties, 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 liberties1990
68 Flynn, John J.Social, political and economic consequences of corporate sizeCongress 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; Congress1976
69 Francis, LeslieSome animals are more equal than othersIt 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; Rights1978
70 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
71 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
72 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
73 Francis, LeslieTitle 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
74 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
75 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
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