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CreatorTitleDescriptionSubjectDate
26 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
27 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
28 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
29 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
30 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
31 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
32 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
33 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
34 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
35 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
36 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
37 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
38 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
39 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
40 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
41 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
42 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
43 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
44 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
45 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
46 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
47 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
48 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
49 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
50 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
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