Showing posts with label historans. Show all posts
Showing posts with label historans. Show all posts

Saturday, July 7, 2018

Weekend Roundup

  • The American Historical Association has placed our own Mitra Sharafi in its “member spotlight.”
  • Congratulations to Matthew Dyson, Oxford University, upon his election as President of the of the European Society for Comparative Legal History.
  • ICYMI: Racially restrictive covenants in Greenville, SC.  In The Guardian, Heather Cox Richardson, Boston College, argues that “New Deal-era programs are as popular now as they were in the 1950s, and voters have come to recognize that Republican policies have hurt them.”  David Greenberg, Rutgers University, in Politico, on the politics of Supreme Court nominations since LBJ, qv also this.
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Tuesday, May 22, 2018

The Art of the Op-Ed

Around the time of the publication of my book, The Sit-Ins, I decided to give more attention to something I had mostly avoided up to that point: writing op-eds. I was looking for ways to draw more attention to the book, and this seemed a good way to do that. I placed an op-ed in USA Today that ran on the anniversary of the seminal 1960 lunch counter sit-in in Greensboro, North Carolina. I also wrote several pieces for the Washington Post’s “Made By History” section.

I have two takeaways from this experience. One is that an academic writing an op-ed should know some basic tricks. The other is that a historian writing an op-ed faces distinct challenges. Effective op-ed writing often demands the kind of presentist orientation to the past that conflicts with the essence of effective historical writing.

The Tricks

I quickly learned there are basic tricks to writing pieces op-eds. The most important is to remember your audience. Op-eds are aimed toward a general readership, and you need to make sure to pitch your prose at the right level. Make it accessible. Don’t assume knowledge. Avoid abstract concepts and technical terminology. Use details selectively, and then only to illustrate or to add texture to the point you’re trying to make.

A related trick: Don’t try to do too much. Figure out what the point of the piece is and stick to it. Avoid excessive qualifications. Accept that nuance is not the coin of this realm. For scholars who dedicate their careers to the complexity of historical material, who carefully craft article and books by threading together subtle arguments and sub-arguments, this can be a difficult and painful process.

And then there is the always-looming word count. You need to cut, cut, and cut some more. You might get some more space if you’re writing an exclusively online essay, but if you have a chance to get into actual print, this requires even more cuts.

The Challenges

Beyond figuring out how to express yourself in accessible 800-word form, there are more substantive concerns that historians face when writing op-eds.

If you want an editor to pick up your op-ed, you need a hook. What do you have to say that will make a general reader stop to take a detour into history with you? Sometimes the historical material itself is the enticement. But if you’re trying to get the attention of an editor receiving hundreds of submissions every week, you probably need something more. And often that something more is a “lesson” of history. You’re a historian, and you want to show the world that you have something to add to the discussion. And what clearer, more relevant way to declare your importance than to say that history provides special insight on some issue of contemporary importance?

In navigating this terrain, there are two basic moves the historian can make: critique and construction. The historian as critic might simply seek to correct some historical misconception that has entered into public debate. Or, the historian as critic might seek to undermine present-day assumptions, to destabilize established certainties. The historian does this by showing that the status quo was constructed out of lost alternatives, that the present does not need to be the way it is. History shows us that things have changed and that things can change again.

The other move is probably more appealing to op-ed editors, but it is the one I find far more challenging and more potentially problematic. This move involves the historian extracting a lesson from history that says something about the way the present should be.

Some lessons of history focus on lineage. The historian shows how present debates are the legacies of past debates. Understanding the past illuminates the stakes of the present. So, for example, liberal historians argue that the embrace of a “color-blind” reading of the equal protection clause by segregationists in the 1960s and 1970s illuminates the sins of modern-day color-blind constitutionalists. Conservative historians critique modern liberalism by tracing its lineage to the paternalistic, racist, and eugenicist strands of the Progressives.

Another kind of lesson of history is comparative. The historian places the past alongside the present so as to illuminate the present. This was how I framed my op-eds on the sit-ins. One described lessons the sit-in movement offered for present-day protest efforts. The other compared the 1960 student movement to the recent student-led gun rights movement.

The reason I find this kind of writing challenging is because Rule #1 for any serious historian is that past is different from the present. The most common mistake for nonhistorians engaging with the past is anachronism and presentism. Recovering the past requires attention to the distinctive circumstances and worldviews of historical actors. Finding ourselves in the past is easy—probably because it says more about us than about the past. The best historical work tends to show difference.

Extracting lessons from the past that are useful to the present is an exercise in selection in which the selection criteria is as much about present-day utility than about historical fidelity. To make history serviceable to the present also requires compromise and simplification. Richness and complexity of history inevitably is lost in the process.

So, for example, to reduce modern color-blind constitutionalism to the legacy of segregationism requires placing aside many other strands of historical influence that played a role in its rise to conservative orthodoxy. My comparison of the lunch counter sit-in protesters to the post-Parkland student gun-control activists required me to pick out points of intersection and push aside points of differentiation. The comparison was driven by my admiration for the students and what they were trying to do, both then and now. I want the students today to succeed, and it was this desire, as much as or more so than my knowledge of history, that moved me to compare them to one of the most inspirational and successful students movements in history.

*** 

These are the tricks and challenges of writing op-eds. The tricks I found sometimes frustrating, always time-consuming, but readily manageable. The more substantive challenges I found harder to navigate. I had to recognize that the art of the op-ed simply requires tapping into a different skill set than that of an academic historian.

In the end, I was proud of the op-eds I wrote. I felt I was able to minimize the inevitable trade-offs of the genre. They drew attention to historical material I felt deserved more attention. And the linkages I drew between the past and the present hopefully enriched some readers’ understanding of both.

Tuesday, November 14, 2017

The American Historian magazine's November issue on Law and the Courts

Cover Design: Ashlee W. Smith; Photo: Emmanuel Huybrechts        
The Organization of American Historians' magazine, The American Historian, has focused its November 2017 issue (out online today) on Law and the Courts. The issue includes resources for teaching legal history, including a discussion of several scholars' favorite court cases to use in the classroom and an article by Robert Cohen and Laura Dull that encourages including Ruth Bader Ginsburg when teaching about the women’s rights revolution.

Additionally, the issue contains a roundtable in which three scholars discuss "Historians in Court," including the ethical difficulties posed by historians’ participation in the courtroom and how effective historians’ testimony is in the courtroom. As part of the roundtable, Tomiko Brown-Nagin discusses her experience filing amicus briefs with the U.S. Supreme Court in cases dealing with discrimination and affirmative action in education, Linda Gordon talks about amicus briefs she has participated in in abortion cases, and Kenneth Mack explains his experiences supervising a professional historian’s expert report as a young lawyer and later signing amicus briefs from scholars and historians to the US Supreme Court. 

My own article in this issue, “Rethinking the Role of the Courts in the Lives of Black Southerners,” discusses how black southerners’ civil cases reframe the traditional narrative of African American political participation.  In the traditional narrative, black southerners move from institutional engagement during Reconstruction and its aftermath to a fight largely outside of government institutions in the US South, only to take up the fight for the vote again in the decades immediately before the Civil Rights movement. I argue that looking at black southerners’ engagement in southern courts shifts this story, showing continuing engagement with one southern government institution – the courts – from Reconstruction to the Civil Rights movement. In addition, the magazine contains an article by Susan J. Pearson on "Anticruelty Organizations and Statebuilding in Gilded-Age America” and a consideration of the history of felon disfranchisement laws and prison gerrymanders by Christina Rivers. 

The full issue can be accessed by OAH members on the OAH website here, but non-members can also look out for selected articles from the issue that may be released to the public on the magazine's website.

Sunday, January 1, 2017

Welcome Michelle McKinley!

Prof. Michelle McKinley (credit)
All of us here at Legal History Blog are delighted to start the New Year by welcoming Michelle McKinley as Guest Blogger for January.  Professor McKinley is the Bernard B. Kliks Associate Professor of Law at the University of Oregon School of Law and the author of Fractional Freedoms: Slavery, Intimacy, and Legal Mobilization in Colonial Lima, 1600-1700, which appeared in the Studies in Legal History series at Cambridge University Press.  Welcome!

Friday, December 2, 2016

Charles Donahue Honored

Charles Donahue (HLS)
We missed the Harvard Law School’s conference in honor of the Charles Donahue, the Paul A. Freund Professor of Law, when it was held back in October, but Harvard Law Today has just posted a nice report.  “Scholars came from around the country and around the world and spoke on topics related to medieval and early modern history. The day culminated with the presentation to Donahue of a festschrift, “Texts and Contexts in Legal History: Essays in Honor of Charles Donahue” (The Robbins Collection, University of California at Berkeley).”  John Witte, Jr., an editor of the volume, said, “[W]e owe our greatest thanks to Professor Donahue for his brilliant scholarship, teaching, and mentorship, for his generous humanity, fidelity, and integrity, and for the sterling example he offers to all of us of a gentleman’s scholarly life lived well. May it long continue!”

Saturday, October 22, 2016

Weekend Roundup

  • Mark A. Graber, the Jacob A France Professor of Constitutionalism at the University of Maryland Francis King Carey School of Law, has been named a University System of Maryland Regents Professor. “Graber is one of just seven Regents Professors in the history of the University System of Maryland.”  More. 
Walter Speck and His Mural (credit)
  • "Wayne State's Walter P. Reuther Library of Labor and Urban Affairs will be the permanent home of Detroit-artist Walter Speck’s historic New-Deal era UAW mural. The mural depicts significant events in the UAW’s history, and for more than 75 years it was displayed at the Local 174’s union halls.”  It was unveiled yesterday during a ceremony during the 38th Annual North American Labor History Conference, which continues today at Wayne State.  More.
  • ICYMI: Canadian legal history sessions at the ASLH meeting in Toronto, via Canadian Legal History BlogLaura Edwards’s appointment as the 2016-17 William H. Neukom Fellows Research Chair in Diversity and Law makes it to Bloomberg LawSeth Barrett Tillman on The Journals Clause.  "We're far removed from the Federalist Papers," laments Roger Pilon, after the third presidential debate.  We say: Sad!
  • Do say hello to your LHB Bloggers if you see us at #ASLH2016.  We're always happy to hear from you!

Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.