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Chapter 3 - The Complex World of Simple Formulas

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

The chapter discusses several areas, including statutory interpretation, in which the early Hughes Court adopted relatively formalistic approaches to constitutional doctrine and statutory interpretation, and argues that the formalism conceals from view a latent awareness that the decisions wre grounded upon policy considerations as well.

Keywords

vested rightsstatutory interpretation
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The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
 , pp. 75 - 86
Publisher: Cambridge University Press
Print publication year: 2022

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