CHAPTER 7. Louisa Enick, "Hemmed In on All Sides": Washington, 1855-1935 -- CHAPTER 8. "The Acts of Forgetfulness": Indigenous Women's Legal History in Archives and Tribal Offices Throughout the North American West -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Z

A sweeping and overdue retelling of U.S. history that recognizes that Native Americans are essential to understanding the evolution of modern America The most enduring feature of U.S. history is the presence of Native Americans, yet most histories focus on Europeans and their descendants. This long practice of ignoring Indigenous history is changing, however, with a new generation of scholars insists that any full American history address the struggle, survival, and resurgence of American Indian nations. Indigenous history is essential to understanding the evolution of modern America. Ned Blackhawk interweaves five centuries of Native and non‑Native histories, from Spanish colonial exploration to the rise of Native American self-determination in the late twentieth century. In this transformative synthesis he shows that * European colonization in the 1600s was never a predetermined success; * Native nations helped shape England's crisis of empire; * the first shots of the American Revolution were prompted by Indian affairs in the interior; * California Indians targeted by federally funded militias were among the first casualties of the Civil War; * the Union victory forever recalibrated Native communities across the West; * twentieth-century reservation activists refashioned American law and policy. Blackhawk's retelling of U.S. history acknowledges the enduring power, agency, and survival of Indigenous peoples, yielding a truer account of the United States and revealing anew the varied meanings of America.

Situated among the North Cascade Mountains of Washington State, in the Glacier Peak Wilderness Area, Miners Ridge contains vast quantities of copper. Kennecott Copper Corporation’s plan to develop an open-pit mine there was, when announced in 1966, the first test of the mining provision of the Wilderness Act passed by Congress in 1964. The battle over the proposed “Open Pit, Big Enough to Be Seen from the Moon,” as activists called it, drew the attention of both local and national conservationists, who vowed to stop the desecration of one of the West’s most scenic places. Kennecott Copper had the full force of the law and mining industry behind it in asserting its extractive rights. Meanwhile the U.S. Forest Service was determined to defend its authority to manage wilderness. An Open Pit Visible from the Moon tells the story of this historic struggle to define the contours of the Wilderness Act—its possibilities and limits. Combining rigorous analysis and deft storytelling, Adam M. Sowards re-creates the contest between Kennecott and its shareholders on one hand and activists on the other, intent on maintaining wilderness as a place immune to the calculus of profit. A host of actors cross these pages—from cabinet secretaries and a Supreme Court justice to local doctors and college students—all contributing to a drama that made Miners Ridge a cause célèbre for the nation’s wilderness movement. As locals testified at public hearings and writers penned profiles in the nation’s magazines and newspapers, the volatile political economy of copper proved equally influential in frustrating Kennecott’s plans. No law or court ruling could keep Kennecott from mining copper, but the pit was never dug. Identifying the contingent factors and forces that converged and coalesced in this case, Sowards’s narrative recalls a critical moment in the struggle over the nation’s wild places, even as it puts the unpredictability of history on full display.

Through an evaluation of Oregon’s exclusionary laws, Leveraging an Empire examines the process of settler colonialism in the evolving region of the Pacific Northwest between the years 1841 and 1859. Oregon laws—through nuanced emphases and new articulations—related to national issues of slavery, immigration, land ownership, education, suffrage, and naturalization. Leveraging an Empire demonstrates how the construction of laws governing matters of race, gender, and citizenship from Oregon’s pre-territorial days through its early statehood reified and institutionalized American legal definitions and national perceptions of these issues leading up to the Civil War. Oregon’s exclusionary laws either supported racial and gender restrictions to specific rights or established a legal precedent for such restrictions through the development of legislation governing the remainder of the century. These laws—some developed even before Oregon became part of the Union in 1846—also influenced federal treatment toward territorial and state policies that restricted American citizens from political rights and reveal the impact of settler colonialism in the American West on the nation.

A pathbreaking look at Native women of the early South who defined power and defied authority “An artful, powerful book. . . . [A] substantial contribution to our knowledge of women in the so-called ‘forgotten centuries’ of European colonialism in the southeast.”—Malinda Maynor Lowery, author of The Lumbee Indians “A remarkable book. Alejandra Dubcovsky pursued relentless research to uncover the histories of women previously unseen, even unnamed. As Dubcovsky shows, they had names, they had families, they had lives that mattered. The historical landscape is transformed by their presence.”—Lisa Brooks, author of Our Beloved Kin Historian Alejandra Dubcovsky tells a story of war, slavery, loss, remembrance, and the women whose resilience and resistance transformed the colonial South. In exploring their lives she rewrites early American history, challenging the established male-centered narrative. Dubcovsky reconstructs the lives of Native women—Timucua, Apalachee, Chacato, and Guale—to show how they made claims to protect their livelihoods, bodies, and families. Through the stories of the Native cacica who demanded her authority be recognized; the elite Spanish woman who turned her dowry and household into a source of independent power; the Floridiana who slapped a leading Native man in the town square; and the Black woman who ran a successful business at the heart of a Spanish town, Dubcovsky reveals the formidable women who claimed and used their power, shaping the history of the early South.

This comprehensive volume offers fresh insights on Latin American and Caribbean law before European contact, during the colonial and early republican eras and up to the present. It considers the history of legal education, the legal profession, Indigenous legal history, and the legal history concerning Africans and African Americans, other enslaved peoples, women, immigrants, peasants, and workers. This book also examines the various legal frameworks concerning land and other property, commerce and business, labor, crime, marriage, family and domestic conflicts, the church, the welfare state, constitutional law and rights, and legal pluralism. It serves as a current introduction for those new to the field and provides in-depth interpretations, discussions, and bibliographies for those already familiar with the region’s legal history. Contributors are: Diego Acosta, Alejandro Agüero, Sarah C. Chambers, Robert J. Cottrol, Oscar Cruz Barney, Mariana Dias Paes, Tamar Herzog, Marta Lorente Sariñena, M.C. Mirow, Jerome G. Offner, Brian Owensby, Juan Manuel Palacio, Agustín Parise, Rogelio Pérez-Perdomo, Heikki Pihlajamäki, Susan Elizabeth Ramírez, Timo H. Schaefer, William Suárez-Potts, Victor M. Uribe-Uran, Cristián Villalonga, Alex Wisnoski, and Eduardo Zimmermann.

Male-dominated law and legal knowledge essentially characterized the whole of pre-modern history in that the patriarchy represented the axis of social relations in both the private and public spheres. Indeed, modern and even contemporary law still have embedded elements of patriarchal heritage, even in the secular modern legal systems of Western developed countries, either within the content of legislation or in terms of its implementation and interpretation. This is true to a greater or lesser extent across legal systems, although the secular modern legal systems of the Western developed countries have made great advances in terms of gender equality. The traditional understanding of law has always been self-evidently dominated by men, but modern law and its understanding have also been more or less “malestreamed.” Therefore, it has become necessary to overcome the given “maskulinity” of legal thought. In contemporary legal and political orders, gender mainstreaming of law has been of the utmost importance for overcoming deeply and persistently embedded power relations and gender-based, unequal social relations. At the same time and equally importantly, the gender mainstreaming of legal education – to which this book aims to contribute – can help to gradually eliminate this male dominance and accompanying power relations from legal education and higher education as a whole. This open access textbook provides an overview of gender issues in all areas of law, including sociological, historical and methodological issues. Written for students and teachers around the globe, it is intended to provide both a general overview and in-depth knowledge in the individual areas of law. Relevant court decisions and case studies are supplied throughout the book.

In the 1970s the Quinault and Suquamish, like dozens of Indigenous nations across the United States, asserted their sovereignty by applying their laws to everyone on their reservations. This included arresting non-Indians for minor offenses, and two of those arrests triggered federal litigation that had big implications for Indian tribes’ place in the American political system. Tribal governments had long sought to manage affairs in their territories, and their bid for all-inclusive reservation jurisdiction was an important, bold move, driven by deeply rooted local histories as well as pan-Indian activism. They believed federal law supported their case. In a 1978 decision that reverberated across Indian country and beyond, the Supreme Court struck a blow to their efforts by ruling in Oliphant v. Suquamish Indian Tribe that non-Indians were not subject to tribal prosecution for criminal offenses. The court cited two centuries of US legal history to justify their decision but relied solely on the interpretations of non-Indians. In Reclaiming the Reservation, Alexandra Harmon delves into Quinault, Suquamish, and pan-tribal histories to illuminate the roots of Indians’ claim of regulatory power in their reserved homelands. She considers the promises and perils of relying on the US legal system to address the damage caused by colonial dispossession. She also shows how tribes have responded since 1978, seeking and often finding new ways to protect their interests and assert their sovereignty. Reclaiming the Reservation is the 2020 winner of the Robert G. Athearn Prize for a published book on the twentieth-century American West, presented by the Western History Association.

In the American imagination “the West” denotes a border—between civilization and wilderness, past and future, native and newcomer—and its lawlessness is legendary. In fact, there was an abundance of law in the West, as in all borderland regions of vying and overlapping claims, jurisdictions, and domains. It is this legal borderland that Beyond the Borders of the Law explores. Combining the concepts and insights of critical legal studies and western/borderlands history, this book demonstrates how profoundly the North American West has been, and continues to be, a site of contradictory, overlapping, and overreaching legal structures and practices steeped in articulations of race, gender, and power. The authors in this volume take up topics and time periods that include Native history, the US-Canada and US-Mexico borders, regions from Texas to Alaska and Montana to California, and a chronology that stretches from the mid-nineteenth century to the near-present. From water rights to women’s rights, from immigrant to indigenous histories, from disputes over coal deposits to child custody, their essays chronicle the ways in which marginalized westerners have leveraged and resisted the law to define their own rights and legacies. For the authors, legal borderlands might be the legal texts that define and regulate geopolitical borders, or they might be the ambiguities or contradictions creating liminal zones within the law. In their essays, and in the volume as a whole, the concept of legal borderlands proves a remarkably useful framework for finally bringing a measure of clarity to a region characterized by lawful disorder and contradiction.

"An extensively-researched novel about the role of science in modern life, set against the backdrop of the 1925 Scopes Trial"--