Native Legal Strategies from the Great Lakes to the Great Plains

AHA Session 298
Sunday, January 10, 2027: 11:00 AM-12:30 PM
Rhythms Ballroom III (Sheraton New Orleans, 2nd Floor)
Chair:
William J. Bauer Jr., University of California, Riverside
Papers:
Habeas in the Hands of Native Women
Katrina L. Jagodinsky, University of Nebraska–Lincoln
Habeas Corpus and the Intimate Variability of Federal Indian Law
Margaret Huettl, University of Wisconsin–Oshkosh
Comment:
William J. Bauer Jr., University of California, Riverside

Session Abstract

Indigenous people are rarely depicted as active participants in nineteenth- and early-twentieth-century legal tradition, but these papers highlight understudied cases in American legal history to demonstrate the range of Native people's engagement with the law. Collectively, these cases demonstrate the intersecting federal, local, and tribal legal practices that determined justice and order from the Great Lakes to the Great Plains over the long nineteenth century. Native people entered American courts as defendants amid landscapes of colonial violence, as litigants lodging civil rights claims prior to securing American citizenship, and as sovereign holders of treaty rights securing off-reservation fishing, harvesting, and hunting rights. Though these cases are separated by decades, jurisdictions, and tribal affiliations, they represent the persistence and prevalence of Native people in American courts, calling on scholars to engage more critically with legal archives housing such stories and with Indigenous constituents of such histories. Invoking critical methodologies relevant to ethnohistorians, legal scholars, and Western historians, we aim to spark a conversation about the importance of scholarly work centering Indigenous actors in American legal tradition.
See more of: AHA Sessions