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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 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
53 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
54 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
55 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
56 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
57 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
58 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
59 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
60 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
61 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
62 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
63 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
64 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
65 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
66 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
67 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
68 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 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
70 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
71 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
72 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
73 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
74 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
75 Francis, LeslieIn 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; Philosophy2001-01
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