Pamela Brandwein
Biographic Data
| ID | 339906 |
|---|---|
| NAME | Pamela Brandwein |
| GIVEN NAMES | Pamela |
| FAMILY NAME | Brandwein |
| SIGNATURE | BRANDWEIN P |
| AFFILIATIONS | University of Michigan |
| ORCID | 0000-0003-1048-5710 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 11 |
| AUTHOR COUNT | 9 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1996 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 2 |
The Slaughter-House Dissents and the Reconstruction of American Liberalism
American liberalism has long been divided between early “classic” and modern forms, a transformation associated with the rise of the social welfare state and the New Deal. The long-running critique of Hartzian consensus theory has left intact that division, which is likewise expressed in literature on the Reconstruction Amendments. This article offers a new staged theory of American liberal development in the nineteenth century, accomplished thro…
Laura F. Edwards. A Legal History of the Civil War and Reconstruction
In legal histories of the Civil War and Reconstruction, told and retold over the past century, federal policies on slavery and race are at the center. Whether condemned by the Dunning School or embraced by revisionists of the civil rights era, the Reconstruction Amendments are the focus of inquiry. Moreover, the legal innovations of wartime and Reconstruction and their review by the Supreme Court remain parsed in terms of change or continuity. Th…
Law and American Political Development
This article explores a tension in the Law and American Political Development (APD) literature over the conceptualization of an institution. Moving between two fields in mutual exchange—historical-interpretive scholarship on law/courts and scholarship on APD—the article shows how concerns and sensibilities seem to converge yet are also in conflict. The article argues that a misleading opposition between institutions and discourse is a source of t…
A Judicial Abandonment of Blacks? Rethinking the "State Action" Cases of the Waite Court
This article reconsiders the conventional wisdom that the Supreme Court definitively abandoned the freedmen to their former masters through the "state action" decisions of the 1870s and 1880s. Arguing that anachronisms distort our understanding of this critical period, I offer an historical institutional analysis of state action doctrine by recovering the legal categories, assumptions, and distinctions that constituted judicial discourse about th…
Reconstructing Reconstruction
Reconstructing Reconstruction
Journal Article Reconstructing Reconstruction: The Supreme Court and the Production of Historical Truth Get access Brandwein Pamela, Reconstructing Reconstruction: The Supreme Court and the Production of Historical Truth. Durham, N. C: Duke University Press, 1999. xi, 272 pp. $17.95. $54.95 (cloth). $19.95 (paper). Richard L. Aynes Richard L. Aynes University of Akron School of Law Search for other works by this author on: Oxford Academic Google …
Reconstructing Reconstruction
Journal Article Reconstructing Reconstruction: The Supreme Court and the Production of Historical Truth. By Pamela Brandwein. (Durham: Duke University Press, 1999. xii, 272 pp. Cloth, $49.95, ISBN 0-8223-2284-6. Paper, $17.95, ISBN 0-8223-2316-8.) Get access Howard Ball Howard Ball University of Vermont, Burlington, Vermont Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 87, Issue 3, De…
Slavery as an Interpretive Issue in the Reconstruction Congresses
Constitutional scholars have conceptualized Reconstruction debate mainly as a debate over the meaning of the original Constitution. However, Civil War narratives that identified "the problems" with slavery and emplotted the events of slavery politics were a major vehicle by which the Fourteenth Amendment was debated. Dispute over a text (the original Constitution) and dispute over the description of events intertwined. This article elucidates the…
Dueling Histories
Historiography and epistemology are two subjects not often brought together in sociolegal studies. This article takes reconstructions of legal history as a subject of sociological investigation. The institutional "acceptability" of any historical representation is a complex social achievement since there are no objective criteria for verifying historical accounts. I juxtapose two competing reconstructions of Fourteenth Amendment history, by legal…
Law and American Political Development
This article explores a tension in the Law and American Political Development (APD) literature over the conceptualization of an institution. Moving between two fields in mutual exchange—historical-interpretive scholarship on law/courts and scholarship on APD—the article shows how concerns and sensibilities seem to converge yet are also in conflict. The article argues that a misleading opposition between institutions and discourse is a source of t…
A Judicial Abandonment of Blacks? Rethinking the "State Action" Cases of the Waite Court
This article reconsiders the conventional wisdom that the Supreme Court definitively abandoned the freedmen to their former masters through the "state action" decisions of the 1870s and 1880s. Arguing that anachronisms distort our understanding of this critical period, I offer an historical institutional analysis of state action doctrine by recovering the legal categories, assumptions, and distinctions that constituted judicial discourse about th…
Slavery as an Interpretive Issue in the Reconstruction Congresses
Constitutional scholars have conceptualized Reconstruction debate mainly as a debate over the meaning of the original Constitution. However, Civil War narratives that identified "the problems" with slavery and emplotted the events of slavery politics were a major vehicle by which the Fourteenth Amendment was debated. Dispute over a text (the original Constitution) and dispute over the description of events intertwined. This article elucidates the…
Dueling Histories
Historiography and epistemology are two subjects not often brought together in sociolegal studies. This article takes reconstructions of legal history as a subject of sociological investigation. The institutional "acceptability" of any historical representation is a complex social achievement since there are no objective criteria for verifying historical accounts. I juxtapose two competing reconstructions of Fourteenth Amendment history, by legal…
Dueling Histories
Historiography and epistemology are two subjects not often brought together in sociolegal studies. This article takes reconstructions of legal history as a subject of sociological investigation. The institutional "acceptability" of any historical representation is a complex social achievement since there are no objective criteria for verifying historical accounts. I juxtapose two competing reconstructions of Fourteenth Amendment history, by legal…
Reconstructing Reconstruction
Journal Article Reconstructing Reconstruction: The Supreme Court and the Production of Historical Truth. By Pamela Brandwein. (Durham: Duke University Press, 1999. xii, 272 pp. Cloth, $49.95, ISBN 0-8223-2284-6. Paper, $17.95, ISBN 0-8223-2316-8.) Get access Howard Ball Howard Ball University of Vermont, Burlington, Vermont Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 87, Issue 3, De…
Slavery as an Interpretive Issue in the Reconstruction Congresses
Constitutional scholars have conceptualized Reconstruction debate mainly as a debate over the meaning of the original Constitution. However, Civil War narratives that identified "the problems" with slavery and emplotted the events of slavery politics were a major vehicle by which the Fourteenth Amendment was debated. Dispute over a text (the original Constitution) and dispute over the description of events intertwined. This article elucidates the…
Reconstructing Reconstruction
Reconstructing Reconstruction
Journal Article Reconstructing Reconstruction: The Supreme Court and the Production of Historical Truth Get access Brandwein Pamela, Reconstructing Reconstruction: The Supreme Court and the Production of Historical Truth. Durham, N. C: Duke University Press, 1999. xi, 272 pp. $17.95. $54.95 (cloth). $19.95 (paper). Richard L. Aynes Richard L. Aynes University of Akron School of Law Search for other works by this author on: Oxford Academic Google …
A Judicial Abandonment of Blacks? Rethinking the "State Action" Cases of the Waite Court
This article reconsiders the conventional wisdom that the Supreme Court definitively abandoned the freedmen to their former masters through the "state action" decisions of the 1870s and 1880s. Arguing that anachronisms distort our understanding of this critical period, I offer an historical institutional analysis of state action doctrine by recovering the legal categories, assumptions, and distinctions that constituted judicial discourse about th…
Law and American Political Development
This article explores a tension in the Law and American Political Development (APD) literature over the conceptualization of an institution. Moving between two fields in mutual exchange—historical-interpretive scholarship on law/courts and scholarship on APD—the article shows how concerns and sensibilities seem to converge yet are also in conflict. The article argues that a misleading opposition between institutions and discourse is a source of t…
Laura F. Edwards. A Legal History of the Civil War and Reconstruction
In legal histories of the Civil War and Reconstruction, told and retold over the past century, federal policies on slavery and race are at the center. Whether condemned by the Dunning School or embraced by revisionists of the civil rights era, the Reconstruction Amendments are the focus of inquiry. Moreover, the legal innovations of wartime and Reconstruction and their review by the Supreme Court remain parsed in terms of change or continuity. Th…
The Slaughter-House Dissents and the Reconstruction of American Liberalism
American liberalism has long been divided between early “classic” and modern forms, a transformation associated with the rise of the social welfare state and the New Deal. The long-running critique of Hartzian consensus theory has left intact that division, which is likewise expressed in literature on the Reconstruction Amendments. This article offers a new staged theory of American liberal development in the nineteenth century, accomplished thro…
Political science (8 works) · Law (7 works) · Sociology (7 works) · American Constitutional Law and Politics (6 works) · History (6 works) · Law (6 works) · History (5 works) · Supreme court (5 works) · American History and Culture (3 works) · Politics (3 works)