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Supreme Court

Law and Society

Notre Dame Law School

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Dissenting From The Bench, Christine Venter Jan 2021

Dissenting From The Bench, Christine Venter

Journal Articles

This paper examines the oral dissents of Justices Antonin Scalia and Ruth Bader Ginsburg from the year 2000 to the times of their respective deaths. It explores the concept and purpose of oral dissent and details the kinds of cases in which each justice was more likely to orally dissent. The paper analyzes the kinds of rhetoric that each justice used to refer to their subject matter, and argues that Scalia's rhetoric evinces a view of the law as "autonomous", operating independently of the facts of the case. In contrast, Ginsburg's view espouses a view of the law as responsive …


Abortion—Whose Decision?, Geoffrey J. Bennett, Christina M. Lyon Jan 1979

Abortion—Whose Decision?, Geoffrey J. Bennett, Christina M. Lyon

Journal Articles

Major Points

  • The decision in Paton v. Trustees of B.P.A.S.
  • Does a husband's "veto power" exist in English Law?
  • The rights of the Foetus in English Law
  • The rights of the "illegitimate father"
  • The American position
  • Some reflections