Celebrated accounts of lawless towns that relied on the extra-legal justice of armed citizens and hired gunmen are part of the enduring cultural legacy of the American West. This work presents a case study of law and legal culture in Lincoln County, Nebraska, during the nineteenth century. It also examines legal institutions on the Great Plains.
2021 Nebraska Book Award Never Caught Twice presents the untold history of horse raiding and stealing on the Great Plains of western Nebraska. By investigating horse stealing by and from four Plains groups—American Indians, the U.S. Army, ranchers and cowboys, and farmers—Matthew S. Luckett clarifies a widely misunderstood crime in Western mythology and shows that horse stealing transformed plains culture and settlement in fundamental and surprising ways. From Lakota and Cheyenne horse raids to rustling gangs in the Sandhills, horse theft was widespread and devastating across the region. The horse’s critical importance in both Native and white societies meant that horse stealing destabilized communities and jeopardized the peace throughout the plains, instigating massacres and murders and causing people to act furiously in defense of their most expensive, most important, and most beloved property. But as it became increasingly clear that no one legal or military institution could fully control it, would-be victims desperately sought a solution that would spare their farms and families from the calamitous loss of a horse. For some, that solution was violence. Never Caught Twice shows how the story of horse stealing across western Nebraska and the Great Plains was in many ways the story of the old West itself.
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.
Beyond the Xs and Os is the previously unpublished story of how a long-term stadium lease was negotiated and signed by New York's Erie County, the state, and the Buffalo Bills football team. Mark C. Poloncarz, the elected executive of the community that owned the stadium, provides a rare glimpse into the long, difficult, but ultimately rewarding effort to successfully conclude negotiations between a National Football League (NFL) franchise, the NFL, and a multitude of players from the political arena, including Governor Andrew Cuomo and US Senator Chuck Schumer. Poloncarz discusses the financial side of sports and reveals how the county was able to navigate what proved to be often-turbulent waters. Complicating negotiations was an ongoing frenzy in the local news media, hungry for any news about the new lease, and Bills team owner Ralph C. Wilson Jr., who was ninety-two and had said the team would be sold upon his death, thereby possibly being relocated to another city. In the end, a new lease was signed and the Bills remained in Buffalo at a time when a number of similar sized communities watched their teams relocate to other cities in larger markets.
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.
Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into the administration, experience, impact and representation of summary justice in Scottish towns, c.1800 to 1892. Each volume explores diverse, but complementary, themes relating to judicial practices, relationships, experiences and discourses through the lens of the same subject matter: the police court. Volume 1, with the subtitle Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles. Special attention is given to examining how courtroom discourse was represented in print culture, the role of the media in providing a discursive commentary on summary justice, and the ways in which magistrates and the police engaged in a law and order dialogue with the press. Throughout, consideration is given to uncovering the relationship between magistrates, the courts, the police and the wider community, and to charting the implications of the rise of summary justice and the ’police-man’ state for the urban masses (as evidenced through prosecution, conviction and punishment patterns). Volume 2, with the subtitle Boundaries, Behaviours and Bodies, explores, through themed case studies, how police courts shaped conceptual, spatial, temporal and commercial boundaries by regulating every-day activities, pastimes and cultures.
Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.
Addressing everything from the details of everyday life to recreation and warfare, this two-volume work examines the social, political, intellectual, and material culture of the American "Old West," from the California Gold Rush of 1849 to the end of the 19th century. What was life really like for ordinary people in the Old West? What did they eat, wear, and think? How did they raise their children? How did they interact with government? What did they do for fun? This encyclopedia provides readers with an engaging and detailed portrayal of the Old West through the examination of social, cultural, and material history. Supported by the most current research, the multivolume set explores various aspects of social history—family, politics, religion, economics, and recreation—to illuminate aspects of a society's emotional life, interactions, opinions, views, beliefs, intimate relationships, and connections between the individual and the greater world. Readers will be exposed to both objective reality and subjective views of a particular culture; as a result, they can create a cohesive, accurate impression of life in the Old West during the second half of the 1800s.
American democratic ideals, civic republicanism, public morality, and Christianity were the dominant forces at work during South Dakota’s formative decade. What? In our cynical age, such a claim seems either remarkably naïve or hopelessly outdated. Territorial politics in the late-nineteenth-century West is typically viewed as a closed-door game of unprincipled opportunism or is caricatured, as in the classic film The Man Who Shot Liberty Valance, as a drunken exercise in bombast and rascality. Now Jon K. Lauck examines anew the values we like to think were at work during the founding of our western states. Taking Dakota Territory as a laboratory for examining a formative stage of western politics, Lauck finds that settlers from New England and the Midwest brought democratic practices and republican values to the northern plains and invoked them as guiding principles in the drive for South Dakota statehood. Prairie Republic corrects an overemphasis on class conflict and economic determinism, factors posited decades ago by such historians as Howard R. Lamar. Instead, Lauck finds South Dakota’s political founders to be agents of Protestant Christianity and of civic republicanism—an age-old ideology that entrusted the polity to independent, landowning citizens who placed the common interest above private interest. Focusing on the political culture widely shared among settlers attracted to the Great Dakota Boom of the 1880s, Lauck shows how they embraced civic virtue, broad political participation, and agrarian ideals. Family was central in their lives, as were common-school education, work, and Christian community. In rescuing the story of Dakota’s settlers from historical obscurity, Prairie Republic dissents from the recent darker portrayal of western history and expands our view and understanding of the American democratic tradition.
