Indeed yes on both counts. The Kennedy essay Mark refers to is (I think) Reconstruction and the Politics of Scholarship, 98 Yale LJ 521 (1989). (I have boxes in arm's reach on my floor with what I suspect may be almost every significant law review article touching on the incorporation issue ever published!)
Bryan Wildenthal Thomas Jefferson School of Law -----Original Message----- From: Mark Graber [mailto:[EMAIL PROTECTED] Sent: Tuesday, September 23, 2003 7:58 PM To: [EMAIL PROTECTED] Subject: Re: John Bingham & the Story of American Liberty To the list of correctives on 14th Am history, we should add Brandwein, RECONSTRUCTING RECONSTRUCTION, a rather fascinating example of how reconstruction has been historically understood. R. Kennedy also has a nice essay on this somewhere. MAG
