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76 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
77 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
78 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
79 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
80 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
81 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
82 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
83 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
84 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
85 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
86 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
87 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
88 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
89 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
90 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
91 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
92 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
93 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
94 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
95 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
96 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
97 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
98 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
99 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
100 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
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