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Creator | Title | Description | Subject | Date |
126 |
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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 |
127 |
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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 |
128 |
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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 |
129 |
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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 |
130 |
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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 |
131 |
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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 |
132 |
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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 |
133 |
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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 |
134 |
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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 |
135 |
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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 |
136 |
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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 |
137 |
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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 |
138 |
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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 |
139 |
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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 |
140 |
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Firmage, Edwin B. | Ends and means | Since the advent of the atomic era, the United States has decided to wage war by covert means, intervening secretly in the election, selection and direction of governments in other countries. Our weapons are subversive propaganda, including "black" propaganda and disinformation; undermining the econ... | Prados, John; Cockburn, Leslie; Treverton, Gregory; Covert wars; Central Intelligence Agency; CIA | 1988 |
141 |
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Firmage, Edwin B. | Book review: Luard, The International Regulation of Frontier Disputes | The international system, like its municipal counterparts, has developed procedures and techniques for dispute resolution. These include traditional political or diplomatic procedures such as inquiry or fact-finding, conciliation, negotiation, and mediation. Other procedures are of a juridical natur... | Territorial conflicts; European boundaries; Political and diplomatic resolutions | 1972-09 |
142 |
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Flynn, John J. | Misuse and abuse of the Tunney Act: the adverse consequences of the microsoft fallacies | There have been two Microsoft cases leading to final judgements. Throughout the Tunney Act processes in both cases, however, there was little discussion regarding the standards of judicial review that should apply in a Tunney Act consent decree proceeding where no litigation has taken place. There ... | Tunney Act; Microsoft; Microsoft fallacy | 2003 |
143 |
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Francis, Leslie | Legal truth and moral realism | This January, the United States Supreme Court heard oral argument in appeals from two controversial "right to die" cases; decisions in the cases are expected by the end of the term.1 The Ninth Circuit case held that Washington's ban on assisted suicide, including physician-assisted suicide, violate... | Suicide; Dying; Ethics | 1997 |
144 |
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Francis, Leslie | Poverty, age discrimination, and health care | In Euripides' play Alcestis, Alcestis' middle-aged husband, Admetus, is told by the gods that it is his turn to die next. Admetus bargains a reprieve, promising in exchange to find another soul to take his place. His friends all turn him down. So do his father and mother. Admetus rebukes his father... | Alcesti, Section, Objective | 1985 |
145 |
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Firmage, Edwin B. | Reflections on Mormon history: Zion and the anti-legal tradition | SIR HENRY MAINE, OUR FIRST GREAT MODERN legal historian of the English language and law, in describing the paradigmatic shift from early feudal European society to a world of secular, territorial nation-states and market economy, observed that we had moved "from status to contract." "Status" assume... | Heaven; Christians; Revelations | 1998 |
146 |
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Flynn, John J. | Response | Speculation proceeding upon no set path and minimizing a logical thread of analysis may often be far more productive of insights into our never-ending search for knowledge than the most logical and analytical pursuit of "truth." The latter process is often premised upon unchallenged and unchallenge... | Truth; Society ; Values | 1975 |