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from Section A: Setting the Stage
Published online by Cambridge University Press: 13 January 2022
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.
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