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1 Francis, LeslieEminent 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
2 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
3 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
4 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
5 Flynn, John J.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
6 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
7 Francis, LeslieDecisionmaking 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
8 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
9 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
10 Firmage, Edwin B.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
11 Flynn, John J.Old wine in new bottles: some observations about current monopolization litigationLawyers 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; Analysis1983
12 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
13 Flynn, John J.Legal reasoning, antitrust policy and the social "science" of economicsThere 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
14 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
15 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
16 Flynn, John J.Monopolization under the Sherman Act: the third wave and beyondLike Gaul, monopolization litigation under section 2 of the Sherman Act has been divided into three parts: A first part beginning with the Northern Securities case of 1904(1) and ending with the U.S. Steel case in 1920;(2) a second part, the Thurmond Arnold era, beginning in the late 30's with the f...1981
17 Flynn, John J.Is and "ought" of vertical restraints after Monsanto Co. v. Spray-Rite Service Corp.Great hopes and great fears accompanied the Supreme Court's decision to review the Seventh Circuit's decision in Spray-Rite Service Corp. v. Monsanto Co. (2) Proponents of a neoclassical economic model of antitrust analysis, including the Reagan administration, saw Monsanto as a vehicle for bringing...1986
18 Francis, LeslieElderly 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
19 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
20 Firmage, Edwin B.Law and the Indochina War: a retrospective viewThis century, from the Hague Conferences through the Vietnam War, has seen a profound change in attitudes toward the role of law as a constraint upon foreign policy. The Hague Conferences represented at once an attempt, however feeble, by men of mixed motives to emplace fledgling prophylactic lega...Foreign affairs; Dispute resolution; International disputes; Arbitration1974
21 Francis, LeslieArtificial 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
22 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
23 Flynn, John J.Legal reasoning and the jurisprudence of vertical restraints: the limitations of neoclassical economic analysis in the resolution of antitrust disputesThe question of how antitrust policy "ought" to treat vertical distribution restraints in the 1980s under section 1 of the Sherman Act(1) embodies the difficulties entailed when any field of law becomes captive to a single paradigm. (2) Inherently political assumptions concerning the proper scope ...1987
24 Flynn, John J.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
25 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
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