Native American Studies Commons^™

Indian Independence, Unknown

Usher Burdick Papers

This editorial, titled “Indian Independence,” reflects on the historical and ongoing challenges faced by Native Americans due to colonization and federal policy and discusses the Bureau of Indian Affairs’ policy that allows tribes to govern themselves and gain independence from federal supervision, though it notes that full independence remains a distant goal. It addresses concerns about overprotection, undereducation, and the lack of viable opportunities for tribes to thrive economically, particularly in agriculture and ranching.

Harnessing Habeas Corpus: Women's Battles Against Coercive Psychiatric Institutionalization, Andy Knopik

Digital Legal Research Lab

No abstract provided.

Workable Seams, Jackson Mills Smith

Graduate Student Theses, Dissertations, & Professional Papers

In Jackson Mills Smith’s Workable Seams, readers encounter the stories, landscapes, and lives of rural Knox County, Indiana, from the oscillating vantage of a Hoosier boy raised with a Cajun sensibility. After relocating from Louisiana to the river bottoms of the crossroad state at a young age, the speaker gradually uncovers a local history only previously understood in fragmentary shards and fading glimpses.

Alternating between semi-lyrical embodied experiences and memories, documentary pieces in conversation with the state’s historical archive, and the retelling of exaggerated local yarns, poetry is a means of inquiry in Workable Seams. Topics range from …

Rights Of Nature: The Indigenous-Led Movement For Sovereignty And A Sustainable Future, Kathryn Schug, Ted Gordon

The Journal of Social Encounters

The rights of nature movement works to grant legal rights to beings other than humans. Led by Indigenous communities across the globe, the movement is grounded in commonly shared Indigenous beliefs that regard non-human beings as are our relatives and as deserving of the same legal rights as humans. Grounded in Indigenous worldviews, the rights of nature movement pursues the twin goals of creating an environmentally sustainable future and enshrining legal protections for Indigenous values and practices. This article explores how the White Earth Nation, a federally recognized Ojibwe tribal government in Minnesota became the first in the United States …

Sexual Surveillance: Morality Policing Of Greeks And Italians In The Early 20th Century, Isabella Ferrell

Digital Legal Research Lab

The Petitioning for Freedom Project under Dr. Jagodinsky is a database of habeas corpus use in the West. It examines legal action by marginalized individuals. This project focuses on how Greek and Italian petitioners used habeas to challenge sexual policing in a xenophobic context.

Research poster titled Sexual Surveillance: Morality Policing of Greeks and Italians in the Early 20th Century; presented via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2024.

Advisors: Katrina Jagodinsky and William Thomas

The Harding Brothers And Underage Enlistment In The Age Of American Expansion, 1851–1857, Ryan Minton

Digital Legal Research Lab

The Petitioning for Freedom Project is an NSF funded database project that seeks to collect and encode carceral, institutional, and interpersonal habeas corpus petitions from county, state, and federal courts all throughout the American West.

This research project explores and analyzes the twenty-four habeas corpus petitions that were submitted between 1851 and 1857 to the Saint Louis County Law Commissioners Office to challenge the enlistment of underage recruits stationed at Jefferson Barracks.

Research poster titled The Harding Brothers and Underage Enlistment in the Age of American Expansion, 1851–1857; presented via the Digital Legal Research Lab NSF REU Site, University of …

Maternal Chains: Black Women's Legal Battles For Freedom In Pre-Emancipation America, Roshawnna Brinkley

Digital Legal Research Lab

This research examines the use of habeas corpus petitions by Black Women in antebellum America to secure freedom for themselves and their children. Given that slave status was inherited matrilineally, these legal actions had implications for generational freedom. In Dr. Jagodinsky’s Petitioning for Freedom project there are numerous cases of Black Women utilizing Habeas Corpus. This study focuses on these Women's agency in navigating a hostile legal system.

Research poster titled Maternal Chains: Black Women's Legal Battles for Freedom in Pre-Emancipation America; via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2024.

Advisors: Katrina Jagodinsky and …

To Have And To Hold: Habeas Corpus And The Mobilization Of Female Petitioners, 1832–1924, Miranda Martinez

Digital Legal Research Lab

Dr. Jagodinsky’s Petitioning For Freedom (PFF) is an open-access database of habeas corpus petitions from the American West. It aims to further our understanding of the United States legal landscape in the 19th and 20th centuries.

Research poster titled To Have and To Hold: Habeas Corpus & the Mobilization of Female Petitioners, 1832–1924; presented via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2024.

Advisors: Katrina Jagodinsky and William Thomas

Profiled Pickpockets: Seattle's Black Community & 1890s Habeas Mobilization, Zoë Williams

Digital Legal Research Lab

The Petitioning for Freedom project examines habeas corpus in the American West, 1812–1924 to highlight the legal mobilization of marginalized people. This study uses habeas petitions to identify Black people's response to racial profiling in Seattle.

Research poster titled Profiled Pickpockets: Seattle's Black Community & 1890s Habeas Mobilization; presented via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2024.

Advisors: Katrina Jagodinsky and William Thomas

Legal Proxies And Advocates: Exploring Inter-Case Relationships In 19th- And 20th-Century Habeas Corpus, Ethan Reiter

Digital Legal Research Lab

• The Petitioning for Freedom Project (PFF) is an open access database that details the use of habeas corpus in legal proceedings in the American West from 1812 to 1924.

• A writ of habeas Corpus is a challenge by a petitioner that alleges that someone is detained unlawfully.

• In certain instances. a petitioner is petitioning on behalf of someone who is held illegally. This study examines the nature of the relationships between petitioner and bound party and how those relationships reflect historical and legal developments over time.

Research poster titled Legal Proxies and Advocates: Exploring Inter-Case Relationships in 19th- and 20th-Century …

Equal Protection Of Life, Liberty, And Labor: Habeas Corpus & The 14th Amendment, 1901–1904, Madison Mendiola

Digital Legal Research Lab

Presents and synthesizes three cases demonstrating the use of habeas corpus in the contect of the 14th Amendment to the United States Constitution between 1901 and 1904.

Research poster titled Equal Protection of Life, Liberty, and Labor Habeas Corpus & the 14th Amendment, 1901–1904, presented via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2024.

Advisors: Katrina Jagodinsky and William Thomas

"Huddled Masses:" The Immigration Act Of 1917 In Habeas Corpus, Chikamso Chijioke

Digital Legal Research Lab

Research poster titled "Huddled Masses:" The Immigration Act of 1917 in Habeas Corpus; presented via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2024.

Introduction

Dr. Jagodinsky's Petitioning for Freedom is a collection of habeas corpus petitions in the American West and examines marginalized peoples’ use of habeas to challenge detention. This project explores the role of the Immigration Act of 1917 in these cases. The Immigration Act of 1917, passed due to xenophobic tensions surrounding WWI, restricted immigration of people from Asia and the Pacific while implementing an English literacy test for those over 16 …

Writ To Work: Habeas Corpus Challenges By Laborers And Socialists In Washington State, 1915-1919, Luke Mcdermott

Digital Legal Research Lab

No abstract provided.

Res Historica, Volume 3, Lynneth Miller Renberg Phd, Alpha Rho Epsilon Phi Alpha Theta

Res Historica

The 2024 journal of historical research by Anderson University students, Res Historica.

The editorial team for this edition of Res Historica was Dr. Lynneth Miller Renberg, Johnathan Sorce, and Samuel Sanders.

From Moral Panic To Legal Injustice: Due Process Failures In Prostitution Cases (1889-1924), Ethan Dunn

Digital Legal Research Lab

No abstract provided.

Analyzing The Intersectionality Of Race And Socioeconomics In Foster Care And Child Welfare, Isabella Gallardo

Political Science Theses and Capstones

Racial disparities continue to persist in the child welfare system, resulting in disproportionate representation and differential treatment for children from diverse racial and ethnic backgrounds. Understanding the root causes, systemic factors, biases, and consequences of these disparities is vital for discovering solutions to ensure fair and equitable treatment for all children. I synthesize existing research conducted on racial disparities in child welfare, delving into systemic factors, biases, and their consequences. The dataset I most utilized is from the National Data Archive on Child Abuse and Neglect (NDACAN). Correlation analysis was used to show the relationship between racial disproportionality and systematic …

A Cherokee Historiography: 125 Years And The Trail Of Tears, Joshua Huberman

History - Master of Arts in Teaching

Synthesis Essay..............................3

Document Section.........................28

Textbook Engagement...................38

Bibliography....................................48

"The Best Interests Of The Child:" Parental Claims In Nebraska Child Custody Cases, 1877–1924, Esme Krohn

Digital Legal Research Lab

Research poster titled "The Best Interests of the Child:" Parental Claims in Nebraska Child Custody Cases, 1877–1924; presented via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2023.

Advisor: Katrina Jagodinsky

Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs

Digital Legal Research Lab

No abstract provided.

One Among Many: Charlotte Kolmitz, Assistant U.S. Attorney In Seattle, 1918–1925, Anna Synya

Digital Legal Research Lab

One Among Many: Charlotte Kolmitz, Assistant U.S. Attorney in Seattle, 1918–1925

Research poster prepared for Digital Legal Research Lab, University of Nebraska-Lincoln

Oklahoma V. Castro-Huerta, United States Supreme Court, Brett Kavanaugh

US Government Documents Related to Indigenous Nations

This United States (US) Supreme Court decision, argued April 27, 2022 and decided June 29, 2022 expanded the reach of state jurisdiction to allow for prosecution of crimes that occur on Indigenous land, regardless of whether or not a state is named as having such jurisdiction under US Public Law 280. In 2020, the US Supreme Court's decision on McGirt v. Oklahoma established that much of the eastern part of the state of Oklahoma is Indigenous land and therefore falls under either tribal jurisdiction or Federal jurisdiction. In 2015 Victor Manuel Castro-Huerta was charged and convicted of child neglect by …

Opinion Regarding The Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Reservation (North Dakota), United States Department Of The Interior, Robert T. Anderson

US Government Documents Related to Indigenous Nations

This memorandum, dated February 4, 2022, from the United States (US) Department of the Interior (Office of the Solicitor) to the Secretary and Assistant Secretary of Land and Minerals Management, the Assistant Secretary of Indian Affairs, and the Director of the Bureau of Indian Affairs rescinds the Solicitor’s May 26, 2020 opinion regarding mineral rights on the Fort Berthold Reservation which declared the state of North Dakota to be the owner of said rights. This memorandum reaffirms the January 17, 2017 opinion of Solicitor Hilary Tompkins that the rights belong to the Three Affiliated Tribes of the Fort Berthold Reservation. …

Legal Strategies Used By Black Men During The Antebellum Period, A. D. Banse

Digital Legal Research Lab

AD Banse, "Legal Strategies Used by Black Men During the Antebellum Period" [Research Poster]

Digital Legal Research Lab REU Site, University of Nebraska-Lincoln, 2022

The Missouri Statute of 1807 existed as the primary act that somewhat ensured the freedom of those enslaved and pursuing their freedom. The act refuted laws such as the Futgitive Slave Clause of 1793 and 1850, and the Missouri Compromise, which were evidence that slaveholders held decisive political influence and could cast the Constitution in proslave terms (Baker 2012). These clauses essentially gave enslavers the right to seize enslaved people who escaped to free states deepening …

Habeas Corpus: Breaking Reservation Boundaries, Samantha Byrd

Digital Legal Research Lab

Dr. Katrina Jagodinsky’s Petitioning for Freedom examines marginalized peoples’ use of habeas corpus in the American West from 1812 to 1924. This project has uncovered Indigenous manipulation of the American legal system to counter the challenges of colonialism. Indigenous peoples used habeas to protest, and sometimes successfully mitigate boarding school experiences, forced removal, and confinement on reservations. This study aims to show how Indigenous peoples and other minorities had a complex understanding of the law and used it to their advantage.

Advisor: Katrina Jagodinsky

A Home Shielded By Laws: Freedom Suits And Enslaved Mothers, Heidi Martin

Digital Legal Research Lab

This project collects, digitizes, and makes accessible the freedom suits brought by enslaved families in the Circuit Court for the District of Columbia, Maryland state courts, and the United States Supreme Court. This project places families in the foreground of our interpretive framework of slavery and national formation.

Using TEI encoding, we focused on outcomes, relationships between individuals and the claim for freedom made. Using these data sets, I focused specefically on mothers petitioning for their children. Of the 508 cases I utilized, 131 included children and a parental figure. I set out to distinguish the additional burden mothers had …

In The Waiting: The Role Of The Slave Bastille In Antebellum D.C., Ellyzabeth Morales-Ledesma

Digital Legal Research Lab

In 1808 the Transatlantic Slave Trade ended and in turn the government created a federally protected human market. As the South's demand for human labor force increased the domestic slave trade rocketed and in turn created even more turmoil for the Black population if the United States. Slave Traders and Man-Dealers took advantage of the market and kidnapped Free Black men women and children. While waiting to be sold enslaved people would be admitted into holding cells and jails; this was the creation of slave jails and Slave Bastilles. Slave jails served as places where the horrors of a human …

Habeas Corpus As A Means For Economic Freedom In The Progressive Era, Janana Khattak

Digital Legal Research Lab

Habeas corpus protects individual freedom by allowing detained individuals proper trial. Economic liberty, or the “right to earn a living in an occupation of choice without unnecessary government interference,” is a key component of individual freedom. Following the depression of 1893, the Progressive Era ushered in a sharp increase in productivity. This was in part because of an immigration boom. While immigrants sought economic opportunities for the betterment of themselves and their families, ideologies of nativism rose.

Advisor: Katrina Jagodinsky

Reclamation: Managing Water In The West; An Overview Of The Pick-Sloan Missouri Basin Program, United States Bureau Of Reclamation, Roger S. Otstot

US Government Documents Related to Indigenous Nations

This undated summary released by the Bureau of Reclamation offers a concise overview of the Pick-Sloan Missouri Basin flood control plan which was enacted when Congressed passed the Flood Control Act of 1944. This plan led to the construction of several dams in the Missouri River basin, including the Garrison Dam. The completion of the Garrison Dam displaced the majority of the Mandan, Hidatsa, and Arikara people living on the Fort Berthold Reservation. This document contains tables, graphs, maps, and a photograph.

Mcgirt V. Oklahoma, United States Supreme Court, Neil M. Gorsuch

US Government Documents Related to Indigenous Nations

This United States (US) Supreme Court case, decided July 9, 2020, clarified the boundaries of Indigenous land within the state of Oklahoma (OK) and, by extension, the limits of Oklahoma’s jurisdictional reach. Following the perpetration of his crimes in 1997, Oklahoma state court convicted Jimcy McGirt of three sexual offenses; however, McGirt contended that the state lacked the jurisdiction to try him for these crimes because he is an enrolled member of the Seminole Nation and because his crimes took place on the Creek Reservation (Muscogee Nation). Oklahoma argued that although an 1883 Treaty established a section of land for …

Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Indian Reservation (North Dakota), Department Of The Interior, Daniel H. Jorjani

US Government Documents Related to Indigenous Nations

This memorandum, dated May 26, 2020, from the United States Department of the Interior (Office of the Solicitor) to the Assistant Secretary of US Indian Affairs and the Assistant Secretary of Land and Minerals Management rescinds the Solicitor’s January 18, 2017 opinion regarding mineral rights on the Fort Berthold Reservation and asserts that the state of North Dakota, not the Three Affiliated Tribes, is the legal owner of the submerged lands beneath the Missouri River. The Solicitor cites the “Historical Examination of the Missouri River within the Fort Berthold Indian Reservation, Precontact-1902” and his interpretation of laws and case precedent …