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Creator | Title | Description | Subject | Date |
101 |
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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 |
102 |
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Flynn, John J. | Social, political and economic consequences of corporate size | Congress 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; Congress | 1976 |
103 |
|
Francis, Leslie | Artificial and transplanted organs: movable parts and the unmoving law | In 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; Liability | 1984 |
104 |
|
Francis, Leslie | Some animals are more equal than others | It 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; Rights | 1978 |
105 |
|
Flynn, John J. | University and human values: introspection | It 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 |
106 |
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Firmage, Edwin B. | Seeing the stranger as enemy: coming out | In 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 marches | 1997 |
107 |
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Flynn, John J. | Antitrust and the newspapers a comment on S. 1312 | The 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; Revenues | 1968 |
108 |
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Firmage, Edwin B.; Mangrum, Collin | Removal of the president: resignation and the procedural law and impeachment | The 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 punishments | 1975-01 |
109 |
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Flynn, John J. | Distributive justice: some institutional implication of Rawls' Theory of Justice | Distributive 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; Economics | 1975 |
110 |
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Firmage, Edwin B. | Ernst Freund: pioneer of administrative law | Ernst 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; Biography | 1962 |
111 |
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Flynn, John J. | Survey of injunctive relief under state and federal antitrust laws | Relatively 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; Directive | 1967 |
112 |
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Flynn, John J. | In memorium: Lionel H. Frankel | We 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 Service | 2002 |
113 |
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Flynn, John J. | Antitrust allegory | Justice 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 Act | 1987 |
114 |
|
Firmage, Edwin B. | Law of presidential impeachment | This 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 branch | 1973 |
115 |
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Firmage, Edwin B. | Vladivostok and beyond: SALT I and the propects for SALT II | The 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 negotiations | 1975 |
116 |
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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 |
117 |
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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 |
118 |
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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 |
119 |
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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 |
120 |
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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 |
121 |
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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 |
122 |
|
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 |
123 |
|
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 |
124 |
|
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 |
125 |
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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 |