Showing posts with label Historical memory. Show all posts
Showing posts with label Historical memory. Show all posts

Monday, November 11, 2024

Penn Symposium on History in Constitutional Interpretation

[We have the following announcement of the University of Pennsylvania Law Review’s symposium for Volume 173 The Uses (and Misuses) of History in Constitutional Interpretation. It will be held in-person and online on Friday, November 22, and Saturday, November 23.]

The Roberts Court has embarked on a constitutional revolution in many different areas of law, including reproductive rights, the Second Amendment, and the Religion Clauses. The Court’s conservative supermajority has repeatedly turned to history to justify and legitimate its decisions. Originalism is an important part of the Court’s language. It has recently adopted a new model of “text, history, and tradition” in important cases like Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, Dobbs v. Jackson Women’s Health Organization, New York State Rifle and Pistol Association v. Bruen, and Kennedy v. Bremerton School District.

Because history is a central source of justification for the Roberts Court’s revolution, it is crucial to understand how history is being used—and sometimes misused and even manipulated—in its decisions.

Debates about the relevance of history to constitutional interpretation occurred in the 1980s and 1990s as the conservative legal movement was gaining prominence. Thirty years later, that movement is ascendant and controls the U.S. Supreme Court. Yet at this very moment of success, the Court’s conservative majority is not consistent in how it uses history. It alternates between many different forms of originalism, including its new emphasis on traditionalism. And sometimes—as in cases like Citizens United v. FEC, Parents Involved in Community Schools v. Seattle School Dist. No. 1, or Janus v. American Federation of State, County, and Municipal Employees—it dispenses with originalism altogether.

The affirmative action case from last year’s Term, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, presents an especially interesting example of how the majority, concurrences, and dissents relied on history from differing ideological perspectives. Reconstruction history does not support a colorblindness rule, and the different opinions offer a window into the uses and misuses of historical memory. In fact, the Congress that drafted the Fourteenth Amendment engaged in race-conscious remedies to address discrimination. Moreover, in the Court’s previous affirmative action decisions, even Justices who adhered to originalism repeatedly refused to discuss the original meaning of the Fourteenth Amendment. With the decision in favor of SFFA, the Court further embedded a malleable doctrine of text, history, and tradition into its jurisprudence.

This symposium seeks to bring together diverse scholars to publish leading scholarship addressing the many open questions about the role of history in constitutional interpretation, organized around Yale Law Professor Jack Balkin’s forthcoming book, Memory and Authority: The Uses of History in Constitutional Interpretation (Yale University Press 2024).

[Register here.  Schedule and CLE credit information after the jump.

Wednesday, April 6, 2022

Siegel, "The Politics of Constitutional Memory"

Reva Siegel (Yale Law School) has posted "The Politics of Constitutional Memory," forthcoming in the Georgetown Journal of Law & Public Policy. The abstract:

Those who sought votes for women made claims for liberty and equality in the family on which constitutional law might now draw—but there is no trace of their voices or claims in constitutional law. The Supreme Court scarcely mentions the Nineteenth Amendment when interpreting the Constitution. Nor do Supreme Court opinions mention those who led women’s quest for political voice or the constitutional arguments they made in support of women voting, even though these arguments spanned two centuries. There is no method of interpretation that the Justices employ with sufficient consistency to account for this silence in our law.

This Article introduces the concept of constitutional memory to explain this silence in our law. Constitutional interpreters produce constitutional memory as they make claims on the past that can guide decisions about the future. It is the role of constitutional memory to legitimate the exercise of authority; but constitutional memory plays a special role in legitimating the exercise of authority when constitutional memory systematically diverges from constitutional history. Systematic divergence between constitutional memory and constitutional history can legitimate authority by generating the appearance of consent to contested status relations and by destroying the vernacular of resistance. Though women contested their lack of political authority in the constitutional order over two centuries, there is no trace of their arguments in constitutional law.

To illustrate, the Article examines a long-running tradition of suffrage argument that began before the Reconstruction Amendments and continued in evolving forms after the ratification of the Nineteenth Amendment: that women needed the vote to democratize the family. Two centuries of constitutional arguments are nowhere reflected in the United States Reports. As a consequence, constitutional doctrines about liberty and equality in the family appear to lack historical antecedents.

But argument, inside and outside of courts, can counter the politics of memory. Justices across the spectrum regularly make heterodox claims on the past. Constitutional interpreters can invoke the voices of the disfranchised and the concerns that the disfranchised brought to the democratic reconstruction of America. Imagine how we might understand our Constitution in another generation if we did. 

A full draft is available here, at SSRN.

-- Karen Tani

Saturday, March 13, 2021

Weekend Roundup

  •  A new Talking Legal History is up on the ASLH website. Host Siobhan Barco talks with Joseph E. David about his book Kinship, Law and Politics: An Anatomy of Belonging (CUP, 2020).
  •  In Immigration: What We've Done, What We Must Do, Allison Brownell Tirres, DePaul University College of Law, asks, How can we envision a world where migrants are offered justice?”  The essay appears in Public Books, an online magazine of ideas, scholarship, and the arts.
  • Author’s query: “I am working on a book project intended for general readership on U.S. Attorneys-General in the modern era (from Kennedy to Barr and beyond) and would be interested in speaking to any legal historians doing work on or related to that topic."  Joshua Raff, joshuaraff3@gmail.com.
  • "In his first official action as the [University of South Carolina’s] 29th president, Bob Caslen established the Presidential Commission on University History and charged the group with researching “the complex history of the university.”  More.
  • “With the nation locked in debates over Confederate symbols, the very document that laid out the legal framework of a government built to preserve slavery will spend its 160th anniversary where it spends nearly every other day: quietly tucked away in a library at the University of Georgia”  (AJC).
  • Historians of securities regulation might want to view the SEC Historical Society-sponsored discussion with PCAOB's founding board members.  
  • Yuvraj Joshi, a doctoral candidate at the Yale Law School, has posted Racial Justice and Peace, which is forthcoming in the Georgetown Law Journal.
  • ICYMI: Remembering the Pakistani Lawyers' Movement (GVS).  Eric Jager on The History Behind Demands for "Trial by Combat" (HNN)
  Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Saturday, August 1, 2020

Weekend Roundup

  • Two new posts at Talking Legal History.  Guest Host Lesa Redmond, a first year student in the Department of History at Duke University, interviews Paul Finkelman, President of Gratz College, on his recently published Defending Slavery: Proslavery Thought in the Old South, 2d ed. (Bedford/St. Martin’s, 2020).  Siobhan M.M. Barco discusses Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana (Cambridge University Press, 2020) with authors Alejandro de la Fuente and Ariela Gross.
  • Congratulations to Annette Gordon-Reed on her University Professorship at Harvard University (Crimson; Gazette).
  • Now available as a free download, Racism in America: A Reader, with a Foreword by Annette Gordon-Reed. (HUP).  “At Harvard University Press, we’ve had the honor of publishing some of the most influential books on the subject. The excerpts in this volume—culled from works of history, law, sociology, medicine, economics, critical theory, philosophy, art, and literature—are an invitation to understand anti-Black racism through the eyes of our most incisive commentators.”  TOC here.
  • We've learned from Cambridge University Press that, after a Covid-19 related delay, the latest Law and History Review has been printed and will soon be mailed.
  • The directors of the FDR and LBJ Libraries discuss the friendship between the two presidents on Wednesday, August 5, at 2pm on Facebook Premiere in a session entitled The New Deal to the Great Society.
  • Much of interest in the latest (34:1) issue of Studies in American Political Development.  Check out, for example, Paul Musgrave, “Bringing the State Police In: The Diffusion of U.S. Statewide Policing Agencies, 1905–1941.”
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Saturday, July 4, 2020

Weekend Roundup

  • Not only has Elizabeth Papp Kamali, “a scholar specializing in medieval legal history,” been tenured and promoted to professor of law at Harvard Law School, she’s been deputy deaned! (Harvard Law Today).
  • "Erasing History or Making History? Race, Racism, and the American Memorial Landscape," an American Historical Association Webinar, with David W. Blight and Annette Gordon-Reed, moderated by AHA Executive Director Jim Grossman.  (Facebook)
  • ICYMI: Aderson Bellegarde François (Georgetown Law), on Robert Smalls and Woodrow Wilson (New Republic).  The renaming of US Coast Guard Cutter Taney (Fox Baltimore).  A nicely illustrated history of the ballot (Quartz).  Jack Rakove (Stanford University) on what TJ meant by "all men are created equal" (Stanford News)
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Wednesday, March 25, 2020

Tsesis on Confederate Monuments and the 13th Amendment

Statute, Florence, AL (LC)
Alexander Tsesis, Loyola University Chicago School of Law, has posted Confederate Monuments as Badges of Slavery, which is forthcoming in the Kentucky Law Journal:
This Essay develops a Thirteenth Amendment theory supporting the removal of Confederate symbols from government properties. It argues that such monuments to the Lost Cause are badges of slavery that should have no place in public squares.

The Essay discusses how white supremacist groups, such as those who participated in the 2017 Unite the Right March in Charlottesville, affectively draw together around monuments honoring leaders and soldiers who fought for the cause of slavery. Relying on the Thirteenth Amendment’s principles of freedom, states and municipalities can and should eliminate those monuments from their properties. Such policy initiatives communicate government’s disapproval of secession’s racist premises and advance the nation’s commitment to equal liberty untainted by the Confederacy’s peculiar institution.
--Dan Ernst

Friday, January 17, 2020

Swanson on "Invention of a Slave"

Kara W. Swanson, Northeastern University School of Law, has posted Race and Selective Legal Memory: Reflections on Invention of a Slave, which is forthcoming in volume 120 of the Columbia Law Review:
In 1858, the United States Attorney General issued an opinion, Invention of a Slave. Relying on the Supreme Court’s recent declaration in Dred Scott v. Sandford that African Americans were not citizens, he created a formal racial barrier to the patent system, declaring inventions by all African Americans, enslaved and free, unpatentable. Within a few years, legal changes that overruled Dred Scott and abolished the law of slavery rendered the opinion obsolete. This brief opinion became, as far as lawyers and legal scholars were concerned, forgotten. Unlike many overruled opinions dropped from the legal canon, however, Invention of a Slave and the associated story of an enslaved blacksmith who invented an innovative plow have been continuously remembered. Women and men committed to fighting the legacy of slavery maintained both in the collective memory of those seeking full civil rights for African Americans. Our legal forgetting was an act of persistent blindness to their efforts and publications. This Essay excavates the generations of African American writers and activists who have worked to remember the opinion and argues that legal forgetting has carried a cost. Their remembering was not casual storytelling but rather deliberate, strategic, and political. I offer Invention of a Slave as a case study of race and selective legal memory, tracing an unacknowledged color line that demarcates legal memory and the costs of that line. Because of our forgetting, the opinion appears as an obscure part of the antebellum past. When we understand their remembering as a political act, we can see what they have always seen: There is a connection between the patent system and the legal and social definition of citizenship. At a time when the boundaries of citizenship and the contours of who is worthy to be considered an American are hotly contested in ways related to race and ancestry, learning from those who remembered Invention of a Slave offers lessons that link this piece of the past to our present and future, with implications both for the patent system and for our on-going conversation about race, equality, citizenship and the laws that affect them.
--Dan Ernst

Saturday, October 26, 2019

Weekend Roundup

  • The University of Kentucky College of Law is hosting this year’s Kentucky Law Journal Symposium, “Written in Stone: American Monuments and Monument-Protection Law,” on November 1.  More. 
  • The Franklin D. Roosevelt Presidential Library and Museum presents an exclusive pre-broadcast film screening and discussion of a new national public television documentary Summoned: Frances Perkins and the General Welfare, on Sunday, November 3, 2019 at 2:00 p.m.
   Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. 

Thursday, September 12, 2019

Thoughts from the Trenches: How to Make the Longue Durée Manageable


Thoughts from the Trenches: How to Make the Longue Durée Manageable

In 1967, the Lord Chamberlain’s Office refused to license German playwright Rolf Hochhuth’s new play, Soldiers: An Obituary for Geneva, for London’s National Theatre. The play, which decried strategic bombing during WWII, also held Winston Churchill responsible for the death of Polish General Sikorski. Sikorski had led the Polish government in exile and died in a plane accident off of British Gibraltar in 1943. Citing concerns for the Churchill family (Churchill died in 1965), the LCO first hedged on offering the license, then refused it. It would be one of the LCO’s last decisions before the end of theatre censorship in Britain the following year.
The play became the subject of intense external scrutiny for the better part of two years; libel suits stemming from the play extended the debate into the 1970s. The controversy pitted a self-professed new generation of Britons against older board members, a number of whom had not only fought in the war but were personal friends of the Churchill family. Was the play a libel on Churchill’s memory? On the nation and those involved in the war effort? Was personal reputation sacrosanct enough to justify censorship? Whose account of history was even right in the first place? And whose story was this to tell?    
Then Director of the National Theatre, Sir Lawrence Olivier, eventually backed away from the play, though the National Theatre’s Literary Director, Kenneth Tynan, continued as Hochhuth’s champion. Tynan eventually staged the play at another theatre in December 1968. The play ended up being performed in London for only a few months. The Churchill family never sued for libel, but others involved in the account of the crash did. As Tynan’s biographer notes: focused on the end of theatre censorship, Tynan had not taken into account a simultaneous strengthening of the laws of defamation [1].
When heading to London earlier this summer, there was but one single mention of Soldiers in my list of archives to see at the British Library. I knew there was some issue of libel involving Churchill, but nothing more. The case does not feature in accounts of defamation law. Indeed, the Churchill family never sued and, as I have learned since, the suits that were filed did little to influence case law. Yet, the play has quickly become a central example for my project. Beyond its intrinsic narrative interest, the Soldiers controversy enables me to tackle the interrelated threads of a very big project whose scope requires taming. Finding the case was thus something of a relief; but it was a studied find, not just a lucky one. I’ll try to explain what I mean so as to offer some suggestions about managing what can seem like ever-proliferating narrative threads when undertaking a new topic.

*          *          *

For my dissertation and first book, I read every item with “refugee” in the title I could find in the British Library catalogue and in the National Archives at Kew. From there, I worked to establish whom Britons identified as refugees over time as well as key turning points in the use of the category. Zeroing in on these moments, I extended my research on these cases in other archival and periodical sources. The research for Beyond Sticks and Stones has tested this method to the extreme. I could not hope to read everything in the British Library on reputation. How would I even find those pieces? The topic is simply too large and nebulous. What nineteenth-century novel does not hinge on matters of reputation or attempts to know character? All court cases involve “libels” – or charges. “Defamation” itself regularly refers to attacks on personal character, and seditious, blasphemous, and obscene libel. So, what to do…?  For me, the answer lies in sampling primary material early and, through those early samples, establishing initial patterns and breaking the project into more manageable pieces.

Once I had my initial research question -- What shaped the quasi-right to personal reputation? -- I began to build my bibliography and to read the secondary literature on defamation and reputation. While this is critical, to be sure, secondary reading cannot be done in isolation from primary material when defining a topic of one’s own. I start with a patch of evidence that I hope will help to establish the parameters of my subject, seeing how contemporary actors wrote about it, not just scholars in the years since.

1.     Sampling. Unable to read everything on reputation, I began with a sample from the Times of London. Over several months, I read all editorials and correspondence with the keywords “defamation,” “slander,” “libel,” “calumny,” and “reputation” between 1785, when the newspaper began, and the present. This task familiarized me with the major controversies over reputation over the past two hundred and fifty years, when the defense of reputation became a topic worthy not just of law reports, but of mainstream public commentary. I could derive from this a working timeline as well as basic patterns of debate.    

2.     The Fields of Scholarship. There are histories of the defense of reputation, but they are piecemeal. In British history, one finds key elements in accounts of privacy, celebrity, scandal, and of the media more generally. Even in the few legal histories of defamation, authors have tended to separate out different elements. We have books on obscene libel and on blasphemy, as well as a large literature that examines seditious libel and radical reform. Within the few texts on personal defamation, chapters tend to take aspects like fair comment, slander, and damages to write about their evolution separately. Sampling primary material helps, I find, to see better which seemingly separate swatches of scholarship are actually part of the same broader public conversation. This work itself ramifies, of course. I did not know when I first read that subset of Times commentary in 2016 that by 2019 I would need to track down literature on the Lord Chamberlain’s Office.

3.     Making Selections, Establishing Core Points. The task of the historian is not that of the chronicler and it shouldn’t be, even if the list of patterns and key moments were well-behaved enough that they could be included in a single volume. We seek explanations of change over time. I only half tease my students that they need to ban the words “also,” “additionally,” “furthermore” and so on – the connectors that so often stand in for stepping back to make a coherent argument. To change history by narrative accretion into history as explanation, the task is to organize chapters around the core episodes that move the argument along thematically and chronologically. This takes time and, for me, usually involves writing through several cases at a time, brainstorming comparisons along the way to help forge a compelling argument from a list of cases, points, or threads. I still remember vividly the day I first read about the Fugitive Slave Circulars for my dissertation in the summer of 2005. The contest over these Circulars crystallized issues of right, intervention, humanitarian need, and the very nature of life in British asylum and helped furnish a key turning point in my account of modern refuge. I had a hunch that I could use the material as a tool for thinking through the project as a whole. Indeed, I used it as one of my earliest conference papers and, later, for fellowships and the job market. It is still early, but the 1967-1968 question of whether to stage Soldiers feels like it has similar promise. 

Notes:

[1] Dominic Shellard, Kenneth Tynan: A Life (New Haven: Yale University Press, 2003), p. 314. 

--Caroline Shaw

Friday, April 26, 2019

Op-eds and Amicus Briefs


In a prior post, I mentioned the benefits of having access to a good publicity team at one’s home institution.  Today, I want to talk about the relationship between legal historians and other consumers of the past.

Over the years, LHB has flagged many op-eds and amicus briefs and featured a number of commentaries on the issue. Last May, Christopher Schmidt ruminated that The Art of the Op-Ed was “problematic” because it required “compromise and simplification” and “anachronism and presentism.” Turning to amicus briefs, Greg Ablavsky’s Thoughts on Historians and Advocacy included the concern that “briefs rarely capture the complexity that good history depicts.” In “Say Something Historical!” Tomiko Brown-Nagin recounted how using the past in public advocacy or legal reasoning involves “ways of reasoning about history that often seem dubious to me in my capacity as a professional historian. ”

In a recently published entry in the Oxford Handbook of Legal History entitled “Historians' Amicus Briefs: Practice and Prospect,” Nathan Perl-Rosenthal and I relayed a similar concern.  Some historians who had helped the NAACP’s lawyers craft historical arguments in Brown v. Board of Education had come to have second thoughts. They worried that, “spurred on by their desire to reach a particular outcome, they had drawn conclusions that were not warranted by strict historical methods.”

Notably, Chris, Greg, Tomiko, Nathan, and I agreed that the benefits of engagement outweighed the risks. As Tomiko put it, “Historical arguments are quite attractive and will be made.” Better not to exclude those most qualified and committed “to tell the truest story possible, given the available evidence.”

I agree. But I also wonder if we legal historians should wring our hands a bit less before striding into the public square.

Relating the past to the present is inherent to the historical enterprise. While I value complexity and believe that the past is different from the present, it is living readers for whom I write. Modern concerns shape the topics I choose, the methods I deploy, and the arguments that I make. I experience history as a translation between then and now. I worry that the alternative would be sterile antiquarianism.

On this view, the question isn’t whether it’s appropriate to write op-eds, amicus briefs, and the like, but how.  Nathan and I took a stab at part of that question in our essay.  Where amicus briefs are concerned, the historian must often “speak in a language legible to courts on matters of concern to them, while respecting the court’s distinct areas of authority.” We identified several strategies for striking that balance:
  1. Stop short of arguing that history can decide the final issue
  2. Limit participation in the amicus briefs to experts on the specific topic at issue
  3. Use intermediaries between law and history: lawyers familiar with history, legal historians, or historians willing to learn about law
  4. Provide multiple points of entry into the argument; describe ways that history could support certain arguments; explain why history runs counter to other arguments
  5. Show your work by making your methods explicit
If ever an audience knew more good strategies, it would be LHB readers. I hope you’ll take to the comments to share.


--Sam Erman

Saturday, October 7, 2017

Weekend Roundup

  • The legal historian Tanya K. Hernández has been appointed to the Archibald R. Murray Professorship at Fordham Law.
  • From our in-box: "Mr. Ville Erkkilä (MA) will defend his doctoral thesis, The Conceptual Change of Conscience: Franz Wieacker and German Legal Historiography 1933-1968, in a public examination on 13 October 2017 at 12 noon. The defence will take place at the Faculty of Law of the University of Helsinki, in lecture hall IV (Suomen Laki -sali, Porthania, Yliopistonkatu 3). The opponent will be Dr. Udi Greenberg (Dartmouth College). The defence is open to the public. The thesis is available [here.]
  • Over at AHA Blog: a report on the National History Center's Congressional briefing on civilian control of the military.
  • And the National History Center has announced another Congressional briefing, this one on the History of Civil War Monuments.  Monday, October 23, 2017, 9:30-10:30 am. Rayburn House Office Building, Room 2044.  With David W. Blight, Yale University; Karen L. Cox, University of North Carolina at Charlotte; Gaines M. Foster, Louisiana State University; and Moderator: James Grossman, American Historical Association.  More.
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Friday, September 8, 2017

HLS's Memorial to the Royall Family's Slaves

The Harvard Law School has unveiled a memorial to the enslaved people of Isaac Royall, the early HLS benefactor whose family crest was the model for the school's shield, until it was abandoned last year.  Harvard Law News has the memorial's inscription, composed by Annette-Gordon Reed: “In honor of the enslaved whose labor created wealth that made possible the founding of Harvard Law School.  May we pursue the highest ideals of law and justice in their memory.”  Harvard Magazine has a fuller account of the proceedings, which included a lecture by Daniel Coquillette, a panel discussion by Janet Halley, Annette Gordon-Reed, Randall Kennedy, and Bruce Mann, and remarks by Harvard President Drew Faust.  Professor Gordon-Reed explained that inscription was intended to bring the Royall family slaves “into our minds and our memories with the hope that it will spur us to try to bring to the world what was not given to them: the law’s protection and regard and justice.”

Thursday, April 13, 2017

Crow, "Thomas Jefferson, Legal History, and the Art of Recollection"

A fitting announcement on Thomas Jefferson's birthday: Cambridge University Press has released Thomas Jefferson, Legal History, and the Art of Recollection (March 2017), by Matthew Crow (Hobart and William Smith Colleges). Here's a description from the Press:
In this innovative book, historian Matthew Crow unpacks the legal and political thought of Thomas Jefferson as a tool for thinking about constitutional transformation, settler colonialism, and race and civic identity in the era of the American Revolution. Thomas Jefferson's practices of reading, writing, and collecting legal history grew out of broader histories of early modern empire and political thought. As a result of the peculiar ways in which he theorized and experienced the imperial crisis and revolutionary constitutionalism, Jefferson came to understand a republican constitution as requiring a textual, material culture of law shared by citizens with the cultivated capacity to participate in such a culture. At the center of the story in Thomas Jefferson, Legal History, and the Art of Recollection, Crow concludes, we find legal history as a mode of organizing and governing collective memory, and as a way of instituting a particular form of legal subjectivity.
A few blurbs:
'Matthew Crow's book is a dazzling achievement, deepening and expanding our understanding of Jefferson's conception of the meaning of his (and his nation's) past. Not only does it place his struggles with slavery and nationhood in his own time and place, but it provides the present with a cautionary guide to the self-reflection required of all citizens.' -- David Konig
'Matthew Crow’s new book is a beautiful exploration of the shifts in Thomas Jefferson’s thought. Crow gives not only a powerful account of Jefferson’s philosophical understanding of civic membership but also the psychology of his republicanism. This is a remarkable effort of intellectual reconstruction and an essential contribution to scholarship on the early American republic.' -- Aziz Rana
More information is available here.

Tuesday, September 27, 2016

Tani reviews Jagodinsky, "Legal Codes and Talking Trees"

JOTWELL recently posted my admiring review of Katrina Jagodinsky's Legal Codes and Talking Trees: Indigenous Women's Sovereignty in the Sonoran and Puget Sound Borderlands, 1854-1946. Here's the first paragraph of the review:
In 2016, legal history is a capacious field – one with a catholic view of what counts aslaw and a willingness to find legal significance in a wide range of places. Katrina Jagodinsky’s Legal Codes and Talking Trees challenges legal historians to be even more inclusive, especially in the voices we seek to hear and the sources we mine. By pairing underused state and territorial court records with oral histories, legends, local newspaper records, and intricate genealogical research, Jagodinsky offers an all-too-rare glimpse of the experiences and perspectives of Indigenous women in the nineteenth and early twentieth centuries, as they navigated formal legal systems that were not their own.
Read on here.

Tuesday, June 14, 2016

Lux on Canada's "Indian Hospitals"

Maureen K. Lux (Brock University) has published Separate Beds: A History of Indian Hospitals in Canada, 1920s-1980s (University of Toronto Press). From the publisher:
Separate Beds: A History of Indian Hospitals in Canada, 1920s-1980sSeparate Beds is the shocking story of Canada’s system of segregated health care. Operated by the same bureaucracy that was expanding health care opportunities for most Canadians, the “Indian Hospitals” were underfunded, understaffed, overcrowded, and rife with coercion and medical experimentation. Established to keep the Aboriginal tuberculosis population isolated, they became a means of ensuring that other Canadians need not share access to modern hospitals with Aboriginal patients.
Tracing the history of the system from its fragmentary origins to its gradual collapse, Maureen K. Lux describes the arbitrary and contradictory policies that governed the “Indian Hospitals,” the experiences of patients and staff, and the vital grassroots activism that pressed the federal government to acknowledge its treaty obligations. A disturbing look at the dark side of the liberal welfare state, Separate Beds reveals a history of racism and negligence in health care for Canada’s First Nations that should never be forgotten.
 Some blurbs: 
"Canada has a painful history of racially segregated hospitals that were intended to isolate and institutionalize Aboriginal people seen as a menace and danger to the nation. Separate Beds is a sophisticated, analytical, and lucid history of this neglected chapter of Canada's history and of the strength and resolve of Aboriginal communities to return to the management of their health care." -Sarah Carter
"Lux's monumental work helps us understand more about the historical roots of the health care system we have inherited, one which is still influenced by racism, inequality and exclusion, but one that has changed over time and can thus change again." -Mary Jane McCallum 
"In painstaking research and matter-of-fact reportage, Associate Professor Lux of Brock University documents Canadian apartheid. Separate Beds: A History of Indian Hospitals In Canada is a riveting and extraordinary account of mistreatment of citizens." -Tom Korski
More information is available here.