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101 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 Flynn, John J.Social, political and economic consequences of corporate sizeCongress 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; Congress1976
103 Francis, LeslieArtificial and transplanted organs: movable parts and the unmoving lawIn 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; Liability1984
104 Francis, LeslieSome animals are more equal than othersIt 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; Rights1978
105 Flynn, John J.University and human values: introspectionIt 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 Firmage, Edwin B.Seeing the stranger as enemy: coming outIn 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 marches1997
107 Flynn, John J.Antitrust and the newspapers a comment on S. 1312The 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; Revenues1968
108 Firmage, Edwin B.; Mangrum, CollinRemoval of the president: resignation and the procedural law and impeachmentThe 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 punishments1975-01
109 Flynn, John J.Distributive justice: some institutional implication of Rawls' Theory of JusticeDistributive 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; Economics1975
110 Firmage, Edwin B.Ernst Freund: pioneer of administrative lawErnst 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; Biography1962
111 Flynn, John J.Survey of injunctive relief under state and federal antitrust lawsRelatively 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; Directive1967
112 Flynn, John J.In memorium: Lionel H. FrankelWe 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 Service2002
113 Flynn, John J.Antitrust allegoryJustice 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 Act1987
114 Firmage, Edwin B.Law of presidential impeachmentThis 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 branch1973
115 Firmage, Edwin B.Vladivostok and beyond: SALT I and the propects for SALT IIThe 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 negotiations1975
116 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
117 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
118 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
119 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
120 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
121 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
122 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
123 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
124 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
125 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
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