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Creator | Title | Description | Subject | Date |
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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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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 |
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Flynn, John J. | Antitrust and the newspapers a comment on S. 1312 | The 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; Revenues | 1968 |
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Flynn, John J. | Antitrust jurisprudence: a symposium on the economic, political and social goals of antitrust policy | Felix 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 ; Assumptions | 1977 |
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Flynn, John J. | Antitrust policy and health care reform | Among 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 |
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Firmage, Edwin B. | 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 |
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Francis, Leslie | Artificial and transplanted organs: movable parts and the unmoving law | In 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; Liability | 1984 |
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Firmage, Edwin B. | Book review: Luard, The International Regulation of Frontier Disputes | The international system, like its municipal counterparts, has developed procedures and techniques for dispute resolution. These include traditional political or diplomatic procedures such as inquiry or fact-finding, conciliation, negotiation, and mediation. Other procedures are of a juridical natur... | Territorial conflicts; European boundaries; Political and diplomatic resolutions | 1972-09 |
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Firmage, Edwin B. | 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 Amendment | 1981 |
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Firmage, Edwin B. | Common humanity, magnificent diversity | Loss 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; Dying | 1995 |
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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 |
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Francis, Leslie | Consumer expectations and access to health care | Americans-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 expectations | 1992 |
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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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Francis, Leslie | Decisionmaking at the end of life: patients with Alzheimer's and other dementias | Patients 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 economy | 2002 |
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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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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 |
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Flynn, John J. | District of Columbia juvenile delinquency proceddings; apprehension to disposition | While all agencies connected with the dentention and treatment of juveniles in the District of Columbia issue annual reports which are available to the public, indications are that a widespread unawareness exists in both bar and judiciary as to the nature, purpose and efffectiveness of the socio-leg... | District of Columbia; Juvenile detention (U.S) | 1960 |
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Francis, Leslie | 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 |
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Francis, Leslie | Eminent domain compensation in the Western states: a critique of the fair market value model | Both 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 Value | 2006-06-16 |
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Firmage, Edwin B. | Ends and means | Since the advent of the atomic era, the United States has decided to wage war by covert means, intervening secretly in the election, selection and direction of governments in other countries. Our weapons are subversive propaganda, including "black" propaganda and disinformation; undermining the econ... | Prados, John; Cockburn, Leslie; Treverton, Gregory; Covert wars; Central Intelligence Agency; CIA | 1988 |
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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 |
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Firmage, Edwin B. | Ernst Freund: pioneer of administrative law | Ernst 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; Biography | 1962 |
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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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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 |
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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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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 |
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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 |
28 |
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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 |
29 |
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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 |
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Flynn, John J. | In memorium: Lionel H. Frankel | We 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 Service | 2002 |
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Francis, Leslie | In the realm of legal and moral Philosophy; (Book Review) | Reviews the book `In the Realm of Legal and Moral Philosophy;,' by Matthew H. Kramer. | Books; Philosophy | 2001-01 |
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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 |
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Firmage, Edwin B. | International law and the response of the United States to "Internal War | With the spectre of nuclear weapons acting as a restraint upon the nations in terms of the levels and types of violence they will employ to achieve national goals, warfare since 1945 has undergone radical change. There has been no massive, overt aggression by one major power against another, altho... | Warfare; International relations; Politics | 1967 |
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Flynn, John J. | Introduction (symposium on health care) | Health care markets and related sectors of the economy like insurance provide essential services in our society. They have heen undergoing rapid change for at least the past decade, yet some thirty-seven to thirty-nine million citizens lack health care insurance at one time or another each year; rap... | Health care; Health insurance; Health care, providers | 1995 |
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Flynn, John J. | Introduction: symposium- Antitrust Policy and Health Care Reform | Health care markets and related sectors of the economy like insurance provide essential services in our society. They have been undergoing rapid change for at least the past decade, yet some thirty-seven to thirty-nine million citizens lack health care insurance at one time or another each year; ra... | Antitrust law; Insurance, Health; Medical care | 1995 |
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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 |
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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 |
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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 |
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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 |
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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 |
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Firmage, Edwin B. | Law and the Indochina War: a retrospective view | This 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; Arbitration | 1974 |
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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 |
44 |
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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. | 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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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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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 |
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Flynn, John J. | Monopolization under the Sherman Act: the third wave and beyond | Like 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 |
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Firmage, Edwin B. | MX:democracy, religion and the rule of law--my journey | This is my story of the defeat of the MX missile's proposed basing mode in the Great Basin of the West. Where to begin? I'm reflecting on cancer and MX at this moment. About journeys where we would not go but do. Beginnings are not easy, though the first verses of Genesis and John make them sound so... | Missile Experimental; Great Basin; Cold War | 2004 |
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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 |
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Flynn, John J. | Orphan Drug Act: an unconstitutional exercise of the patent power | In 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 treatment | 1992 |
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Francis, Leslie | Penn 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 Rulings | 2006-06-16 |
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Francis, Leslie | Permissiveness and control (Book Review) | A review of the book "Permissiveness and Control". | Books; Philosophy | 1981-10 |
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Francis, Leslie | Poverty, age discrimination, and health care | In 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, Objective | 1985 |
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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 |
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Francis, Leslie; Battin, Margaret P.; Botkin, Jeffrey R.; Jacobson, Jay A. | Quick easy questions for analyzing medical ethical cases | Sometimes, 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 |
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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 |
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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 |
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Francis, Leslie | Recent developments in genetic diagnosis: some ethical and legal implications | This 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; Ethics | 1986 |
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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 |
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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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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 |
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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. | 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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Francis, Leslie | Roles of the family in making health care decisions for incompetent patients | This 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 Rights | 2006-06-16 |
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Firmage, Edwin B. | Seeing the stranger as enemy: coming out | In 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 marches | 1997 |
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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 |
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Flynn, John J. | Social, political and economic consequences of corporate size | Congress 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; Congress | 1976 |
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Francis, Leslie | Some animals are more equal than others | It 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; Rights | 1978 |
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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 |
71 |
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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 |
72 |
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Flynn, John J. | Survey of injunctive relief under state and federal antitrust laws | Relatively 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; Directive | 1967 |
73 |
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Francis, Leslie | Title 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 |
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Firmage, Edwin B. | Treaty on the nonproliferation of nuclear weapons | THE 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 negotiations | 1969-10 |
75 |
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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. | Tribute: Daniel J. Dykstra: the Utah Years 1949-1965 | It is with humility and trepidation that I rise to recount Dan Dykstra's years as a teacher, leader, and friend of the University of Utah, its College of Law, his Utah colleagues, and his Utah students. Humility because there are those with us today who are better able to recall those years like his... | Memorial service; Essay; Law, faculty | 2000 |
77 |
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Flynn, John J. | University and human values: introspection | It is reported that Socrates, the patron saint of law professors and many other teachers, was convicted and sentenced to death by the people of Athens on a three-count indictment: for refusing to recognize the gods recognized by the state, for introducing other and new divinities, and for "corrupti... | | 1984 |
78 |
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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 |
79 |
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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 |
80 |
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Firmage, Edwin B. | Vladivostok and beyond: SALT I and the propects for SALT II | The 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 negotiations | 1975 |
81 |
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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 |
82 |
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Firmage, Edwin B. | War powers and the political question doctrine | A fundamental and potentially healthy tension exists between democratic government, under which the majority ordinarily prevails, and judicial review, by which the judiciary may check unconstitutional actions of the political branches. A balance must be struck between the two concepts, or one could ... | Democratic; Federalism; Judicial | 1977 |
83 |
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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 |