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51 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
52 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
53 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
54 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
55 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
56 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
57 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
58 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
59 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
60 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
61 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
62 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
63 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
64 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
65 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
66 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
67 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
68 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
69 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
70 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
71 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
72 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
73 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
74 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
75 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
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