دانلود کتاب Rethinking the Judicial Settlement of Reconstruction

فهرست مطالب :

Cover
Half-title
Series-title
Title
Copyright
Contents
Acknowledgments
1 Abandoned Blacks?
The New Political History
Contextualizing the State Action Decisions
The Concept of State Neglect
The Fifteenth Amendment Exemption
The Stakes
A New Periodization of Definitive Abandonment
Methodology and the Conceptualization of Supreme Court Decision Making
Resources in Constitutional Argumentation
The Rise of Distorted Knowledge
2 The Emergence of the Concept of State Neglect, 1867–1873
Fighting the “Ku-Klux”
Creating the Vocabulary of State Neglect
The Civil Rights Act of 1866 and the Prigg Analogy
The Bingham Prototype
The Enforcement Acts of 1870–1871
State Neglect in the Federal Circuit Courts
The State Neglect Concept and the slaughter-house cases
3 The Civil/Social Distinction: An Intramural Republican Dispute
Charles Sumner’s Supplementary Civil Rights Bill
The Civil/Political/Social Typology of Rights
Republican Opposition to Sumner’s Bill
Republican Support for Sumner’s Bill
4 The Birth of State Action Doctrine, 1874–1876
Joseph Bradley: A Brief Biographical Detour
The Circuit Opinion in cruikshank
The Question
The Hybrid Constitution
The Emergence of State Action Doctrine
The Fifteenth Amendment Exemption
Racializing the Thirteenth Amendment
Throwing Out the Indictment
Three Contemporaneous Jury Charges: Continuous Interpretations
Arguing Before the Supreme Court
The Briefs for Cruikshank
The Government Brief
The Opinion for the Court
Political Instability in the Run-up to the 1876 Election
Chief Justice Waite’s Shorthand
The Companion Case: United States v. Reese
Immediate Reception
5 A Surviving Sectional Context, 1876–1891
Attorney General Taft’s Circular
The New Political History, 1876–1891
Electoral Federalism: butler (1877), siebold (1880), and yarbrough (1884)
The Federal Pursuit of Voting Rights Cases
United States v. Harris (1883)
6 The Civil Rights Cases and the Language of State Neglect
The “Color of Law…or Custom”
Reception: The Civil/Social Distinction, Redux
Special Legislation?
Would a State Neglect Predicate Have Saved the Statute?
Logan v. United States (1892): The Hybrid Constitution, Redux
The Last Gasp of Reconstruction
7 Definitive Judicial Abandonment, 1896–1906
Definitive Political Abandonment
Definitive Judicial Abandonment, 1896–1906
Residual Expressions of Waite-Era Concepts
Justice Woods and United States v. Harris, Redux
8 Twentieth-Century Receptions
The Case Method of Legal Study
The Dyer Anti-Lynching Bill of 1921: A Transitional Episode
The Decline and Collapse of lochner-era Jurisprudence
Storylines in the Academy
The Struggle to Prosecute Lynching and Police Brutality
9 Conclusion
Bibliography
Cases Cited
Statutes Cited
References
Index