Rethinking the Judicial Settlement of Reconstruction

Pamela Brandwein unveils a lost jurisprudence of rights and redefines the legal transition to Jim Crow.

List of contents

1. Introduction; 2. The emergence of the concept of state neglect, 1867-73; 3. The civil/social distinction: an intramural Republican debate; 4. The birth of state action doctrine, 1874-6; 5. A surviving sectional context, 1876-91; 6. The Civil Rights Cases and the language of state neglect; 7. Definitive judicial abandonment and residual expressions, 1896-1909; 8. A loss of context: the rise of distorted knowledge about state action doctrine; 9. Conclusion.

About the author

Pamela Brandwein is Professor of Political Science at the University of Michigan. She is the author of Reconstructing Reconstruction: The Supreme Court and the Production of Historical Truth.

Summary

Unveiling a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation even as it left public accommodation rights undefended, Pamela Brandwein offers a path-breaking analysis that will be of interest to constitutional scholars, legal historians and scholars of race and American political development.

Product details

• Authors: Pamela Brandwein, Pamela (University of Michigan Brandwein, Brandwein Pamela
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 06.03.2014
• EAN: 9781107625914
• ISBN: 978-1-107-62591-4
• No. of pages: 282
• Series: Cambridge Studies on the Ameri; Cambridge Studies on the American Constitution
• Subjects: Social sciences, law, business > Political science > Political science and political education; Law, 20th century history: c 1900 to c 2000, POLITICAL SCIENCE / American Government / General, Politics & government, United States of America, USA, History of the Americas, Constitution: government and the state, Constitutional and administrative law: general