The Jurisprudence of the Hughes Court: The Recent Literature

Authors

Barry Cushman, Notre Dame Law SchoolFollow

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.

Recommended Citation

Barry Cushman, The Jurisprudence of the Hughes Court: The Recent Literature, 89 Notre Dame L. Rev. 1929 (2014)..
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1078