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