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Creator | Title | Description | Subject | Date |
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Flynn, John J. | Reagan administration's antitrust policy, "original intent" and the legislative history of the Sherman Act | Until 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 |
2 |
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Firmage, Edwin B. | Reflections on Mormon history: Zion and the anti-legal tradition | SIR 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; Revelations | 1998 |
3 |
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Flynn, John J. | Federalism and viable state government: the history of Utah's Constitution | The 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; History | 1966 |
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Firmage, Edwin B. | Knowledge and Politics by Roberto Mangabeira Unger (book review) | Unger's Knowledge and Politics is a rare philosophical endeavor: it is an expression of hope articulated as a theory of human nature and politics. The hope expressed in Unger's work is that the empiricism of Hobbes, Locke, Berkeley, and Hume, and the corollary thesis of the subjectivity of values an... | Book review; Philosophy | 1972 |
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Firmage, Edwin B. | Lane lecture: Law and beyond law: a new humanity | The Cold War is finally over, Soviet Communism has collapsed along with the Soviet-sponsored regimes in Eastern Europe. This event will likely record in history as one of the five happenings in this century having shattering importance. | Cold war; Peace; Nuclear weapons; International law | 1992 |
6 |
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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 |
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Firmage, Edwin B. | Discipleship in the nuclear era | NUCLEAR 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 |
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Firmage, Edwin B. | Violence and the gospel: the teachings of the Old Testament, the New Testament, and the Book of Mormon | A 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; Deliverance | 1986 |
9 |
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Flynn, John J. | Flaws in higher education governance are putting the U of U at risk | The 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; System | 1997 |
10 |
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Flynn, John J. | Misuse and abuse of the Tunney Act: the adverse consequences of the microsoft fallacies | There have been two Microsoft cases leading to final judgements. Throughout the Tunney Act processes in both cases, however, there was little discussion regarding the standards of judicial review that should apply in a Tunney Act consent decree proceeding where no litigation has taken place. There ... | Tunney Act; Microsoft; Microsoft fallacy | 2003 |
11 |
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Firmage, Edwin B. | Inner-outer speaks out | During 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; Vietnam | 1967 |
12 |
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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 |
13 |
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Flynn, John J. | Legal reasoning and the jurisprudence of vertical restraints: the limitations of neoclassical economic analysis in the resolution of antitrust disputes | The 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 |
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Flynn, John J. | Response | Speculation 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 ; Values | 1975 |
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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 |
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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 |
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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 |
18 |
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Firmage, Edwin B. | Allegiance and stewardship: holy war, just war, and the Mormon tradition in the nuclear age | The 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; Peacemakers | 1983 |
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Firmage, Edwin B. | Rogue presidents and the war power of congress | Since 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; Congress | 1988 |
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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 |
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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 |
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Flynn, John J. | Criminal sanctions under state and federal antitrust laws | Perhaps 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; Interests | 1967 |
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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 |
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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 |
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Francis, Leslie | Justice through trust: disability and the Outlier problem in Social Contract Theory | The 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 disability | 2005-10 |