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In the aftermath of the Civil War, legislators in the Nebraska Territory grappled with the responsibility of forming a state government as well as with the larger issues of reconstructing the Union, protecting civil rights, and redefining federal-state relations. In the years that followed, Nebraskans coped with regional and national economic collapses. Nebraska women struggled for full recognition in the legal profession. Meyer v. Nebraska, a case involving a teacher in a one-room rural Nebraska schoolhouse, changed the course of American constitutional doctrine and remains one of the cornerstones of civil liberties law. And Roscoe Pound, a boy from Lincoln, went on to become one of the nation's great legal philosophers. Nebraska holds a prominent position in the field of Native American legal history, and the state's original inhabitants have been at the center of many significant developments in federal Indian policy. Nebraska Indian legal history is replete with stories of failure and success, heartache and triumph, hardship and hope. These stories are more than a mere record of the past, of treaties broken or trials won -- they are reminders of the ongoing and sometimes tense relations among the many peoples and nations that make up the heartland. Much of Nebraska law reflects mainstream American law, yet Nebraskans also have been open to experiment and innovation. The state revamped the legislative process by establishing the nation's only unicameral legislature and pioneered public employment collective bargaining and dispute resolution through its industrial relations commission and its relaxation of strict separation of powers. These seemingly contradictory trends, however, are but differing expressions of a single underlying principle inscribed in the state's motto: "Equality Before the Law."
The Nebraska-Kansas Act of 1854 turns upside down the traditional way of thinking about one of the most important laws ever passed in American history. The act that created Nebraska and Kansas also, in effect, abolished the Missouri Compromise, which had prohibited slavery in the region since 1820. This bow to local control outraged the nation and led to vicious confrontations, including Kansas' subsequent mini-civil war. At the 150th anniversary of the Kansas-Nebraska Act these scholars reexamine the political, social, and personal contexts of this act and its effect on the course of American history.
Until recently, American legal historiography focused almost solely on national government. Although much of Kansas law reflects U.S. law, the state court’s arbitrary powers over labor-management conflicts, yellow dog contracts, civil rights, gender issues, and domestic relations set precedents that reverberated around the country. Sunflower Justice is a pioneering work that presents the history of a state through the use of its supreme court decisions as evidence. R. Alton Lee traces Kansas’s legal history through 150 years of records, shedding light on the state’s political, economic, and social history in this groundbreaking overview of Kansas legal cases and judicial biographies. Beginning with the territorial justices and continuing through the late twentieth century, R. Alton Lee covers the dispossession of Native Americans’ land, the growth and impact of labor unions, antimonopoly cases against railroad and mining companies, a nine-year state ban on the movie Birth of a Nation, and implications and effects of desegregation, as well as the shooting of Dr. George Tiller for performing legal abortions. Because judicial decisions are not made in a vacuum, Lee presents each of the justices in the context of the era and their personal experiences before examining how their decisions shaped Kansas political, economic, social, and legal history.
Throughout its existence the Federal District Court of Nebraska has echoed the dynamics of its time, reflecting the concerns, interests, and passions of the people who have made this state their home. Echo of Its Time explores the court’s development, from its inception in 1867 through 1933, tracing the careers of its first four judges: Elmer Dundy, William Munger, Thomas Munger (no relation), and Joseph Woodrough, whose rulings addressed an array of issues and controversies echoing macro-level developments within the state, nation, and world. Echo of Its Time both informs and entertains while using the court’s operations as a unique and accessible prism through which to explore broader themes in the history of the state and the nation. The book explores the inner workings of the court through Thomas Munger’s personal correspondence, as well as the court’s origins and growing influence under the direction of its legendary first judge, Elmer Dundy. Dundy handled many notable and controversial matters and made significant decisions in the field of Native American law, including Standing Bear v. Crook and Elk v. Wilkins. From the turn of the century through 1933 the court’s docket reflected the dramatic and rapid changes in state, regional, and national dynamics, including labor disputes and violence, political corruption and Progressive Era reform efforts, conflicts between cattle ranchers and homesteaders, wartime sedition and “slacker” prosecutions, criminal enterprises, and the endless battles between government agents and bootleggers during Prohibition.
History of Nebraska was originally created to mark the territorial centennial of Nebraska and then revised to coincide with the statehood centennial. This one-volume history quickly became the standard text for the college student and reference for the general reader, unmatched for generations as the only comprehensive history of the state. This fourth edition, revised and updated, preserves the spirit and intelligence of the original. Incorporating the results of years of scholarship and research, this edition gives fuller attention to such topics as the Native American experience in Nebraska and the accomplishments and circumstances of the state’s women and minorities. It also provides a historical analysis of the state’s dramatic changes in the past two decades.
The story of the longest and most complex legal challenge to slavery in American history For over seventy years and five generations, the enslaved families of Prince George’s County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation’s capital. Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families (the Butlers, Queens, Mahoneys, and others), their lawyers (among them a young Francis Scott Key), and the slaveholders who fought to defend slavery, beginning with the Jesuit priests who held some of the largest plantations in the nation and founded a college at Georgetown. A Question of Freedom asks us to reckon with the moral problem of slavery and its legacies in the present day.
Early in his judicial career, U.S. District Judge Warren K. Urbom was assigned a yearlong string of criminal trials arising from a seventy-one-day armed standoff between the American Indian Movement and federal law enforcement at Wounded Knee, South Dakota. In Called to Justice Urbom provides the first behind-the-scenes look at what quickly became one of the most significant series of federal trials of the twentieth century. Yet Wounded Knee was only one set of monumental cases Urbom presided over during his years on the bench, a set that in turn forms but one chapter in a remarkable life story. Urbom’s memoir begins on a small farm in Nebraska during the dustbowl 1930s. From making it through the Great Depression and drought to serving in World War II, working summers for his father’s dirt-moving business, and going to school on the G.I. Bill, Urbom’s experiences constitute a classic American story of making the most of opportunity, inspiration, and a little luck. Urbom gives a candid account of his time as a trial lawyer and his early plans to become a minister—and of the effect both had on his judicial career. His story offers a rare inside view of what it means to be a federal judge—the nuts and bolts of conducting trials, weighing evidence, and making decisions—but also considers the questions of law and morality, all within the framework of a life well lived and richly recounted.
The Omaha Tribe of Nebraska has borne more than its fair share of the burden created by the federal government’s wildly vacillating Indian policy. Mark R. Scherer’s Imperfect Victories provides a detailed examination of the Omahas’ tenacious efforts to overcome the damaging effects of shifting directions in federal policy during the last fifty years. The Omahas’ struggles are particularly significant because the tribe often bore the initial impact of experimental legislation that would later be implemented nationally. Scherer details the disastrous consequences of postwar federal legislation that transferred control over Indian affairs to state authorities as a precursor to the wholesale termination of Indian tribalism. The legislation brought jurisdictional turmoil to the Omaha reservation and placed the Omahas in chronic conflict with local law enforcement agencies. As the tribe fought to become the first Indian group in the nation to escape the effects of that law through retrocession, they waged equally notable struggles for the redress of past wrongs with the Indian Claims Commission and in the federal courts. Scherer demonstrates that the Omahas’ successes in those campaigns have been at best imperfect victories, coming only after years of hardship and failing to eliminate many underlying tensions and problems.
American Indians and State Law examines the history of state and territorial policies, laws, and judicial decisions pertaining to Native Americans from 1790 to 1880. Belying the common assumption that Indian policy and regulation in the United States were exclusively within the federal government's domain, the book reveals how states and territories extended their legislative and judicial authority over American Indians during this period. Deborah A. Rosen uses discussions of nationwide patterns, complemented by case studies focusing on New York, Georgia, New Mexico, Michigan, Minnesota, Louisiana, and Massachusetts, to demonstrate the decentralized nature of much of early American Indian policy. This study details how state and territorial governments regulated American Indians and brought them into local criminal courts, as well as how Indians contested the actions of states and asserted tribal sovereignty. Assessing the racial conditions of incorporation into the American civic community, Rosen examines the ways in which state legislatures treated Indians as a distinct racial group, explores racial issues arising in state courts, and analyzes shifts in the rhetoric of race, culture, and political status during state constitutional conventions. She also describes the politics of Indian citizenship rights in the states and territories. Rosen concludes that state and territorial governments played an important role in extending direct rule over Indians and in defining the limits and the meaning of citizenship.
"Rules of the supreme court. In force February 1, 1914": v. 94, p. vii-xx.