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1 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 Rulings2006-06-16
2 Justice 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
3 Eminent 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
4 Recent 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
5 Roles 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
6 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
7 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 Amendment1981
8 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
9 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
10 Discipleship in the nuclear eraNUCLEAR 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
11 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
12 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
13 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
14 Criminal sanctions under state and federal antitrust lawsPerhaps 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; Interests1967
15 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
16 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
17 Common humanity, magnificent diversityLoss 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; Dying1995
18 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
19 International law and the response of the United States to "Internal WarWith 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; Politics1967
20 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
21 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
22 Tribute: Daniel J. Dykstra: the Utah Years 1949-1965It 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, faculty2000
23 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, providers1995
24 Flaws in higher education governance are putting the U of U at riskThe 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; System1997
25 Decisionmaking 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
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