Document Type

Symposium Participant

Publication Date

2014

Publication Information

89 Notre Dame L. Rev. 1929 (2014).

Abstract

The balance of this Article is devoted, after a fashion, to an exploration of the extent to which the recent literature on the Hughes Court seeks to incorporate the internal point of view. In Part I, I seek to identify the historiographical premises undergirding each author’s treatment of the subject. In Part II, I explore how those historiographical premises are reflected in each author’s treatment of the substantive development of constitutional doctrine during the period. In Part III, I examine the ways in which those historiographical premises inform each author’s analysis of the causal forces driving that doctrinal development. Part IV concludes.

Comments

Symposium: The Evolution of Theory
Reprinted with permission of the Notre Dame Law Review.

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