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1 Mallat, Chibli'A conversation to be had' on war and law: Obama's Nobel speechEven more than in the Cairo address, the Nobel speech will mark the Obama legacy. The subject is pithy, combining defense, foreign affairs and international law on the most difficult subject that human kind has ever addressed: war. Thanks to the entreaty of the Nobel committee, which forced the US p...2009-12-24
2 Mallat, ChibliA Federal Israel-Palestine: Ending 100 Years of Civil War in the Holy Land?What if we substitute a federal Israel-Palestine for the two-state solution deadlock?2010-09-17
3 Mallat, ChibliA Federal Israel-Palestine: Nonviolence and Law to End the 100-year Civil WarIn the first part of this study, the deadlock in Israel-Palestine was presented as a 100-year civil war. New realities on the ground, as well as visionary calls for a united state, instead of partitioning the land at a heavy human cost, have come from leading US thinkers, notably Tony Judt and Seyla...2010-09-23
4 Mallat, ChibliA legal manifesto for the Lebanese Cabinet: Justice for Rafik Hariri and Moussa SadrLast week I pleaded for a legal manifesto for Irans Green Revolution. I am arguing this week for a judicial manifesto for the Lebanese Cabinet. I have no illusions. The turgid governmental manifesto, like the Arab Leagues declarations, will read as a litany of bullet points where each of the plet...2009-07-09
5 Allen, Richardson; Deo, Milind D.; Isaacson, Alan E.; Keiter, Robert B.; Kessler, Christopher; Levey, Raymond; Oh, Kyeong Seok; Smith, Philip J.; Spinti, Jennifer P.; Uchitel, Kirsten; Alleman, DavidA Technical, Economic, and Legal Assessment of North American Heavy Oil, Oil Sands, and Oil Shale Resources: In Response to Energy Policy Act of 2005 Section 369(p)The purpose of this report is to assess unconventional North American resources, summarize current technologies for extracting and processing the resources, identify the issues which will affect the economic viability of various resource development schemes, evaluate the socioeconomic costs to commu...2007-09
6 Mallat, ChibliAfter Kosovo: Secession in the Middle EastA federal state is better than the division of the land. This is also true for Kosovo and the other countries in the Balkans, as it is for Sudan and Yemen. The ICJ Kosovo ruling is good for secessionists, bad for democrats, and devastating for order in the planet.2010-09-02
7 Firmage, Edwin B.Allegiance and stewardship: holy war, just war, and the Mormon tradition in the nuclear ageThe 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; Peacemakers1983
8 Hogue, Michael T.; Keiter, Robert B.; Ruple, John; Uchitel, KirstenAnalysis of Environmental, Legal, Socioeconomic and Policy Issues Critical to the Development of Commercial Oil Shale Leasing on the Public Lands in Colorado, Utah and Wyoming under the Mandates of the Energy Policy Act of 2005This report seeks to identify and evaluate the critical legal and economic policy issues in order to inform federal, state, tribal, and other decision makers, as well as affected citizens, of the likely challenges and tradeoffs inherent in implementing a commercial oilshale leasing program on the pu...2010-01
9 Chodosh, HiramAnti-Corruption Editorial Series From the Daily Star, Lebanon, News PageCorruption op-ed.2010-01-27
10 Flynn, John J.Antitrust allegoryJustice 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 Act1987
11 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
12 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
13 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
14 Mallat, ChibliAppels d'Europe à l'est de la MéditerranéeNombreux sont les obstacles dressés devant tous les démocrates du Moyen-Orient ! Les difficultés internes sont évidentes : il suffit de regarder la panoplie de dictateurs, rois ou autres potentats arabes dont la préoccupation principale est de se maintenir au pouvoir sans que les citoyens ne...2007
15 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
16 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
17 Brillon, Alicia ; Craigle, ValeriAutomated Library Services: One Law Library's ExperienceArticle describing implementation of shelf-ready services in the S.J. Quinney Law Library.2013-09
18 Mallat, ChibliAventures à BeyrouthThis little book, published in limited edition in 1997, was written in 1995 by Chibli Mallat and illustrated by Tamer Mallat, then age 5.1995
19 Mallat, ChibliBeware of Sudan's Secessionist DemonsDemocracy means sorting out problems together, not going ones own way in a separate state every time there is disagreement. Only a miracle can save Sudan from the demons of secession. The precedent set could be devastating for the Middle East and well beyond.2010-09-02
20 Reitze, Arnold W.BiofuelsSnake Oil for the Twenty-First CenturyCongress should slash its subsidies for corn-based ethanol and focus its efforts on research and development efforts to advance the technologies needed to reduce our need for foreign petroleum. We should be working to lower the costs of cellulosic ethanol production as well as working on promisi...2008-12-01
21 Firmage, Edwin B.Book review: Luard, The International Regulation of Frontier DisputesThe 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 resolutions1972-09
22 Adler, Robert W.Changing the Law-Science Paradigm for Colorado River RestorationLegal mandates and scientific realities conflict when existing legal principles do not match the realities and limits of current science. Those conflicts can be addressed if scientists communicate the limits of existing scientific capabilities and if the legal system responds accordingly2008
23 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 Amendment1981
24 Mallat, ChibliCoddling Dictators is Annan's Bad HabitOp-ed.2012-06-08
25 Chodosh, HiramCombating World's Corruption is a Slippery BusinessThe better we can measure corruption, the more accurate will become our understanding of its reach and depth, as well as impacts. Without improving our methodologies, effective reforms will continue to rest on shaky empirical foundations.2009-10-22
26 Mallat, ChibliCommercial Law in the Middle East: Between Classical Transactions and Modern BusinessA brief presentation of commercial law decisions across the Arab world is sufficient to show the dominance of western principles in the field, and the direct translation of western terminology and rules for local transactions.2 The decisions have been regrouped in categories which will be familiar t...2000-01
27 Firmage, Edwin B.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
28 Keiter, Robert; Ruple, John; Tanana, Heather; Holt, RebeccaConjunctive Surface and Groundwater Management in Utah: Implications for Oil Shale and Oil Sands DevelopmentS.J. Quinney College of Law photograph.2011-12
29 Mallat, ChibliThe Constitutional Crisis in Iraq: What Can the Federal Supreme Court Do?Contemplate the ongoing deadlock in Iraq following French historian Fernand Braudel's classification of two spans of time, two durées. One is the longue durée: how does the Federal Supreme Court (FSC), and the Iraqi judiciary in general, shape the rule of law for the Iraqi citizen, and for the bod...2010-09-02
30 Flynn, John J.Constitutional difficulties of Utah's executive branch and the need for reformUtah'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 branch1966
31 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
32 Controlling Greenhouse Gases from Highway VehiclesEnergy Conference2011
33 Chodosh, Hiram E.Corruption and Its Challenges: The Battle to Stop a Universal ProblemCorruption is increasingly seen as a universal problem, deeply embedded in many national legal systems, and also transnational in nature. It is so endemic that it has generated its own special vernacular, such as Code 1,000 in Honduras (a reference to the 1,000 lempira note), mordida in Mexico...2009-09-25
34 Flynn, John J.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
35 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
36 Mallat, ChibliDemocracy As Unwavering Principle: World Wars and Failed PromisesContribution to the Global Progressive Forum, Brussels 27-29 November 2003 Session on Cultural Understanding chaired by Raimon Obiols MEP2003-11
37 Mallat, ChibliDes Relations Privilégiées Entre L'Union Européenne Et Les Pays Voisins: Les Promesses De L'Article 8 Tue, À La Suite Du Traité De LisbonneTitre Réalisations et défis de l'Union européenne Sous-titre Droit-Politique-Économie. Mélanges en hommage au Professeur Panayotis Soldatos Mnémo MELSOLDATOS Auteur(s) Préface de Christian Philip Edition 1re Edition Langue Fr Format Livre ISBN-10 2802735756 ISBN-13...2012
38 Firmage, Edwin B.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
39 Craigle, ValeriDiscovery Layers in Law Libraries: A progress report on how our institutions are implementing this new technologyLaw libraries in particular are faced with unique challenges in the selection, implementation, and deployment of these new tools. The purpose of this article is to provide an update on the status of discovery layers in law libraries and to address some of the issues specific to discovery lay...2011-12
40 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
41 Flynn, John J.District of Columbia juvenile delinquency proceddings; apprehension to dispositionWhile 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
42 Adler, Robert W.Drought, Sustainability, and the LawResearchers and responsible officials have made considerable progress in recent years in efforts to anticipate, plan for, and respond to drought. Some of those efforts are beginning to shift from purely reactive, relief-oriented measures to programs designed to prevent or to mitigate drought impacts...2010-07-15
43 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
44 Firmage, Edwin B.Ends and meansSince 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; CIA1988
45 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
46 Firmage, Edwin B.Ernst Freund: pioneer of administrative lawErnst 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; Biography1962
47 Francis, LeslieEvanescence of living willsOrdinary 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; Autonomy1988
48 Anghi, AntonyThe Evolution of International Law: Colonial and Postcolonial RealitiesThe colonial and postcolonial realities of international law have been obscured by the analytical frameworks that governed traditional scholarship on the subject. This article sketches out a history of the evolution of international law that focuses in particular on the manner in which imperialism ...2006
49 Firmage, Edwin B.Fact-finding in the resolution of international disputes: from the Hague Peace Conference to the United NationsHere 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 politics1971
50 Reitze, Arnold W.Federal Control of Carbon Dioxide Emissions: What are the Options?The U.S. Supreme Court in Massachusetts v. EPA held that carbon dioxide is a pollutant under the Clean Air Act (CAA) and remanded the case to EPA. The Agency must decide whether CO2 emissions contribute to climate change. If the Agency responds affirmatively, it must meet other requirements of t...2009-08-01
51 Flynn, John J.Federalism and viable state government: the history of Utah's ConstitutionThe 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; History1966
52 Mallat, ChibliFederalism in the Middle East and EuropeFederalism is well know in its first, well-established dimension thanks to the extraordinary tradition this country has known. It is less known and is currently a big battle in process in Europe. It is completely unkown and is, I think, the intellectual battle to come in the Middle East. So, these w...2003
53 Chodosh, Hiram E.Fighting Corruption: Identifying Foundational Obstacles and New DirectionsExploring the conceptual and practical weaknesses of efforts to combat corruption is not enough. The identification of obstacles alone, however useful in itself, would be insufficiently responsive to the considerable challenge of anti-corruption reform. This article takes stock of foundational ob...2009-11-09
54 Chodosh, Hiram E.; Holbrook, James R.Filling the Justice Capacity GapThe worlds justice systems are under stress. Political commitments to democratization and human rights protection, private economic transactions, counterterrorism, and globalization impose new burdens on justice institutions for more impartial and transparent conflict resolution. The intrinsic ...2008
55 Flynn, John J.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
56 Firmage, Edwin B.Free exercise of religion in nineteenth century America: the Mormon casesThe 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; Theocracy1989
57 Mallat, ChibliFrom Islamic to Middle Eastern Law A Restatement of the Field (Part I)Any approach to law in the region known as Near or Middle East is doubly selective, as the historical depth of the tradition enhances the diversity of cultures active in the contemporary world. Law is a particular example where the contrasted set-up which characterizes twenty-five or so modern Natio...2004
58 Chodosh, HiramFrom zero-sum conflicts to federalism: Iraqis offer an international community a road forwardThe future of federalism in Iraq is not only important to the peoples of that country who have struggled over so many decades for human rights and peace. It is an experiment of consequential interest to all of us, from North America to Europe, from Asia to the Middle East, to see if a society ridd...2009-07-09
59 Flynn, John J.Function and dysfunction of per se rules in vertical market restraintsIn 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
60 Guiora, Amos N.The Gate Keepers: Geopolitics and the Limits of PowerThe Gate Keepers: Geopolitics and the Limits of Power2013-03
61 Flynn, John J.General practitioner's introduction to antitrust law and practiceAntitrust 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; Client1975
62 Flynn, John J.In memorium: Lionel H. FrankelWe 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 Service2002
63 Firmage, Edwin B.Inner-outer speaks outDuring 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; Vietnam1967
64 Mallat, ChibliInsightful, Moving Study of the Iraqi Chalabi DynastyTamara Chalabi's Late for Tea at the Deer Palace: The Lost Dreams of my Iraqi Family, has just been published by Harper's Press. Late for Tea at the Deer Palace, is her literary-historical chronicle of the Chalabi family over the last century. Like Wild Swans, which recounts three generations of wom...2010-08-19
65 Firmage, Edwin B.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
66 Guiora, Amos N.International Law: Where Have We Been; Where Are We Going?International law, much like the law of nation-states, is in a state of flux. There is great unceraintly regarding its applicability in what I (and others) refer to as the post-9/11 world. Needless to say, not all agree with me that the world significantly changed that Tuesday morning. They suggest ...2009-07-13
67 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, providers1995
68 Mallat, ChibliIntroduction a la pensee de Robert FossaertCette introduction est surtout un appel, pour paraphraser Althusser sur Marx (<< II faut lire Le Capital, et se mettre au travail) a un bon usage de Fossaert : II faut lire La Societe, et se mettre au travail . Le lecteur trouvera une lucarne de l'universalisme de Fossaert dans la section du b...2009
69 Flynn, John J.Introduction: symposium- Antitrust Policy and Health Care ReformHealth 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 care1995
70 Mallat, ChibliIraq at a Crossroads: Constitutional Review Committee Fills in Crucial GapsIraq is at a historical crossroads on the bumpy road to democracy. The Constitutional Review Committee (CRC) has all but completed the task assigned to it by the 2005 Constitution under the chairmanship of Sheikh Humam Hamoudi, the delegate of the largest parliamentary bloc, together with Dr....2009-11-19
71 Mallat, ChibliIraqi Refugees: Mobilizing for Lana and the Rights of Abused WomenIRAP helps escapees navigate maze of interviews, document reviews, security and medical procedures2010-10-21
72 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
73 Mallat, chibliIs Israel a Democracy? It's conditionalThis is a serious discussion to be undertaken on a world level on the type of system that Israel is, as serious indeed as the legal investigation carried out in the mid-1960s on the legal nature of the apartheid regime in South Africa. In the early 1960s, Yale Law Journal published a long, two-pa...2009-12-10
74 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
75 Mallat, ChibliJaafar al-Sadr : A Confluence Prime Minister for IraqIn Iraq and the wider Middle East, Jaafar needs no introduction. His father, Mohammad Baqer al-Sadr, was the most remarkable Islamic thinker of the 20th century. He was executed without trial by Saddam Hussein, together with Jaafar?s aunt Bint al-Huda, on 8 April 1980. His cousin and brother-in-law ...2010-08-19
76 Firmage, Edwin B.Judicial campaign against polygamy and the enduring legal questionsFor 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; Cohabitation1987
77 Mallat, ChibliKhatami - A Man Amidst the WavesMuhammad Khatami takes over in August as president of Iran. How far will he change the Islamic Republic? What kind of change does Khatami want? Professor Chibli Mallat begins a major series of articles, exclusive to the Daily Star, on these crucial questions for the future of the Middle East.1997-06-23
78 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; Philosophy1972
79 Keiter, Robert; Ruple, John; Tanana, Heather; Kline, MichelleLand and Resource Management Issues Relevant to Deploying In-Situ Thermal TechnologiesAbstract: Utah is home to oil shale resources containing roughly 1.3 trillion barrels of oil equivalent and our nations richest oil sands resources. If economically feasible and environmentally responsible means of tapping these resources can be developed, these resources could provide a safe and st...2011-01
80 Keiter, Robert; Ruple, John; Holt, Rebecca; Tanana, HeatherLands with Wilderness Characteristics, Resource Management Plan Contraints, and Land Exchanges: Cross-Jurisdictional Management and Impacts on unconventional Fuel Development in Utah's Uinta BasinAbstract: Utah is home to oil shale resources containing roughly 1.3 trillion barrels of oil equivalent and our nations richest oil sands resources. If economically feasible and environmentally responsible means of tapping these resources can be developed, these resources could provide a safe and st...2012-03
81 Firmage, Edwin B.Lane lecture: Law and beyond law: a new humanityThe 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 law1992
82 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
83 Firmage, Edwin B.Law of presidential impeachmentThis 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 branch1973
84 Mallat, ChibliThe Lebanese Legal SystemLebanon was established in its present borders in 1920, in the wake of World War I and the collapse of the Ottoman empire. It acquired the main elements of its judicial and legal systems under the French mandate (1920-1943), and has retained most of them to date.1997
85 Adler, Robert W.The Legal and Ethical Case for a Conservation Pool for Great Salt LakeA Conservation pool is the minimum water levels necessary to support and maintain important public resources such as navigation, ecosystem components and services (including fish and wildlife), recreation, and aesthetic values.2010-04-28
86 Mallat, ChibliLegal Developments and Constitutional Structures in IraqIn order to practice business under the rule of law, you need to have one, and the Iraqi theatre is most unusual in this respect. This is because post-dictatorship Iraq offers lawyers equally immense hopes and immense disappointments.2008-09-19
87 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
88 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
89 Craigle, ValeriLegal Scholarship in the Digital Domain: A Technical Roadmap for implementing the Durham StatementLegal Scholarship in the Digital Domain: A Technical Roadmap for implementing the Durham Statement2010-12
90 Francis, LeslieLegal truth and moral realismThis 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; Ethics1997
91 Mallat, ChibliMadhat al-Mahmood, Chief Justice of Iraq: Portrait of the Judge as HeroIraqi judges have offered to their country in the past five years a dedication unmatched elsewhere on the planet. Nothing short of heroism. At the heart of all the work, and the dedication, is the leadership of Mahmood. Iraqis know, by and large, about this dedication, and call upon the court for re...2010-09-02
92 Chodosh, Hiram E.Mapping corruption: Why Words Make a DifferenceAs I observed two weeks ago in this column, the vernacular for corruption is rich, awareness increasingly acute and legal strategies increasingly aggressive; yet, accepted conceptions and definitions of corruption are far from universal. Why is this so? And why does it matter?2009-10-08
93 Chibli Wajdi Mallat 1960-March 2221 : Lebanon's Cedar Revolution : an essay on non-violence and justiceScanned book.2007
94 Flynn, John J.Misuse and abuse of the Tunney Act: the adverse consequences of the microsoft fallaciesThere 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 fallacy2003
95 McCormack, WayneModels of War and Crime in Confronting Organized ViolenceIs it crime or is it war? American politicos immediately beat the drums of a war on terrorism after 9/11 despite some cautionary notes sounded by professionals in the military, law, and international affairs. But the only other option promoted in the popular debates has been that of domestic crim...2010-02-23
96 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
97 Firmage, Edwin B.MX:democracy, religion and the rule of law--my journeyThis 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 War2004
98 Mallat, ChibliObama's just war speech: Three questions for 'the Middle East in the United States'Congo, Zimbabwe, North Korea, Sin Kiang and Honduras, are hot spots that have turned or are likely to turn violent. But the Middle East is different in two ways. It is the longest continuously war-ridden area in modern history. And at least since September 11, it has become a domestic American issue...2009-12-24
99 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
100 Mallat, ChibliOn the Specificity of Middle Eastern ConstitutionalismRen Maunier, a prolific French ethnologist and jurist (1887-1951), summed up in 1935 the radical transformation of Middle Eastern law since the nineteenth century. In a brief report entitled Outline of the Progress of Law in Muslim Land, he noted the centrality of law in the immense change affec...2006
101 Fuller, Ronald; McNett, Meredith; McPhail, RossOne Moment in Time: Lessons Learned From Library Snapshot Day 2010The University of Utah Law Library participates in Library Snapshot Day 2010 - and learns what patrons really think.2010-11
102 Mallat, ChibliThe Original Sin: Terrorism or Crime Against HumanityOnce the Middle East connection was established over the September 11 attacks, apprehension and uneasiness gripped the region. Eyebrows are now raised over the word terrorism, and there is hardly a newspaper in the Arab and Muslim world that does not question everyday the definition of the word, ami...2002
103 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
104 Chodosh, Hiram; Mallat, ChibliPakistan and Lebanon: The Same StruggleIn the absence of democracy (meaning regular change at the top by means of free and fair elections), political violence is a certainty.2008-01-04
105 Keiter, Robert; Ruple, John; Tanana, HeatherPolicty Analysis of Produced Water Issues Associated with In-Situ Thermal TechnologiesABSTRACT Commercial scale oil shale and oil sands development will require water, the amount of which will depend on the technologies adopted and the scale of development that occurs. Water in oil shale and oil sands country is already in scarce supply, and because of the arid nature of the regi...2011-01
106 Ruple, John; Keiter, RobertPolicty Analysis of Water Availability and Use Issues for Domestic Oil Shale and Oil Sands DevelopmentABSTRACT Oil shale and oil sands resources located within the intermountain west represent a vast, and as of yet, commercially untapped source of energy. Development will require water, and demand for scarce water resources stands at the front of a long list of barriers to commercialization. Wat...2012-03
107 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
108 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
109 S.J. Quinney College of LawQNews An Informal Faculty Newsletter December 2007Faculty newsletter.2007-12
110 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
111 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
112 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
113 Mallat, ChibliReconciliation in Iraq: Taking the Constitution SeriouslyReconciliation, which draws the necessary constitutional principles over which Iraqi parliamentarians are called on to vote, and the Iraqi citizens to endorse (or reject) in a national referendum, offers a far better way than any other type of reconciliation. An improved Iraqi constitution provid...2009-07-16
114 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
115 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
116 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
117 Mallat, ChibliRenforcer la Société Civile contre l'Etat: Horizons du travail international au Proche et Moyen OrientVoici donc la conclusion extrêmement critique qui semble s'imposer sur la recherche d'une meilleure gouvernance dans une perspective SC. Il faut passer au-dessus de l'Etat pour renforcer la SC, et si nécessaire, la renforcer contre l'Etat. Vaste programme, qui commence par un apprentissage dém...2003-11
118 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
119 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
120 Mallat, ChibliSaving Egypt's Supreme Constitutional Court from itself - Opinion - Ahram Online2012-06-14
121 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
122 Mallat, ChibliSeptember 11 and the Middle East: Footnote or Watershed in World History?The full span of the 21st century may well need to elapse before the ultimate verdict is reached on the status of September 11 in American and world history. But universalism, the rule of law, justice, pluralism, accountability, good governance, human rights these are all general variations on d...2002-09
123 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
124 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
125 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
126 Mallat, ChibliSpecial Dossier on the Sabra and Shatila Case in BelgiumThis dossier collects key legal documents in the Sharon affair. Being a legal dossier, the collection contains two sets of documents. The first set traces the evolution of Belgium's 1993/1999 universal jurisdiction law by making available in English, in several cases for the first time, translati...2005
127 Mallat, ChibliThe Special Tribunal for Lebanon, the staring abyss and what must be done about itThe STL, the UN and Lebanon must all contribute to avert an explosive situation in the country2010-10-07
128 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
129 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
130 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
131 Mallat, ChibliThe Syrian-Israeli Boundaries in International Law: The Significance of the Armistice Demarcation Line of 1949Zero-sum equations have been the name of the game in the Middle East since the early Zionist settlements in the late 19th century. The classic Zionist motto, One dunum here, one dunum there has come to exemplify this logic for all the parties concerned, and the zero-sum logic continues to regulat...2000-07-13
132 Guiora, AmosTeaching an Old Dog New Tricks: Operationalizing the Law of Armed Conflict in New WarfareGone are the days of soldiers facing each other across large battlefields, tanks shelling tanks, and fighter jets engaging in dogfights. War, or armed conflict, to use a more precise legal term, now takes place everywhere in cities, refugee camps and other historically non-military areas and invol...2010-05-13
133 Mallat, ChibliThree Recent Decisions of the Yemeni Supreme CourtDespite a rich history, beginning with the Ottoman constitutional movement in the latter part of the nineteenth century and that of Qajar Iran at the beginning of the twentieth, Middle Eastern constitutions have a propensity to turn into dead letters. Unless and until constitu- tional watchdogs begi...1995
134 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
135 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
136 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
137 Flynn, John J.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
138 Davies, Lincoln L.Understanding Barriers to Commercial-Scale Carbon Capture and Sequestration in the United States: An Empirical AssessmentAlthough a potentially useful climate change mitigation tool, carbon capture and sequestration (CCS) efforts in the United States remain mired in demonstration and development. Prior studies suggest numerous reasons for this stagnation. This article empirically assesses those claims. Using an anonym...2013-08
139 Flynn, John J.University and human values: introspectionIt 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
140 Firmage, Edwin B.Utah Supreme Court and the rule of law: Phillips and the Bill of Rights in UtahThe 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 speech1975
141 Firmage, Edwin B.Violence and the gospel: the teachings of the Old Testament, the New Testament, and the Book of MormonA 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; Deliverance1986
142 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
143 Firmage, Edwin B.War power of Congress and revision of the war powers resolutionThe 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-defense1991
144 Firmage, Edwin B.War powers and the political question doctrineA 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; Judicial1977
145 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
146 Chodosh, HiramWithout identifying the underlying causes, we cannot combat corruptionWithout the underlying factors that lead to corrupt practices, we cannot develop an effective strategy to combat corrupt behavior2009-11-05
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