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Full-Text Articles in Law
Justice Blackmun, Abortion, And The Myth Of Medical Independence, Nan D. Hunter
Justice Blackmun, Abortion, And The Myth Of Medical Independence, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
In this article I test this conventional wisdom by explicitly placing medicine at the center of the analysis of Justice Blackmun's opinions on abortion, and then interrogating the connection between law and medicine. Using the Blackmun papers opened to the public in 2004 and augmented by other documents and sources, I examine four critical periods in Blackmun's life: his years at Mayo; his participation in a series of medicine-related cases prior to Roe; the period of intra-Court dynamics in Roe; and the post-Roe period in which a split developed between Blackmun and Roe's critics over the use of medical rhetoric. …
The Measure Of A Justice: Justice Scalia And The Faltering Of The Property Rights Movement Within The U.S. Supreme Court, Richard J. Lazarus
The Measure Of A Justice: Justice Scalia And The Faltering Of The Property Rights Movement Within The U.S. Supreme Court, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The purpose of this Article is to take the measure of Justice Scalia's ability to produce significant opinions for the Court, rather than just for himself, by focusing on the Court's property rights cases during the past several decades. Much of the analysis will rely on the Blackmun Papers, because they provide a virtual treasure trove of information revealing the Court's deliberative process while Blackmun was on the Court from 1971 to 1994. Almost all of this information, including Justice Blackmun's handwritten notes on what each Justice said at the Court's private deliberations and initial voting on the cases at …