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Chapter 1 - Personnel and Organizing Ideas

from Section A: Setting the Stage

Published online by Cambridge University Press:  13 January 2022

Mark V. Tushnet
Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
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Summary

After describing the backgrounds and roles of the Justices on the Hughes Court, the chapter examines several theories about how courts decide cases. The theories counterpose “formulas” to ideas about social needs, with Hughes, Felix Frankfurter, and Benjamin Cardozo offering versions of the latter. The theories are linked to broader conceptions of American government articulated by Herbert Croly and Arthur Bentley.

Keywords

Charles Evans HughesSupreme Court justices in 1930Benjamin Cardozolegal realismHerbert Croly
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The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
 , pp. 11 - 56
Publisher: Cambridge University Press
Print publication year: 2022

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