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Bankruptcy: History and Developments of U.S. Bankruptcy Law, 1970-2026 | Volume 36, Numbers 1-2 (full PDF)
Overview from Guest Editor Scott C. Clarkson, United States Bankruptcy Judge, Central District of California:
Few legal fields have experienced as much institutional and constitutional change over the past half-century as American bankruptcy law. The 2026 bankruptcy law edition of Western Legal History Journal captures that evolution with unusual breadth, bringing together leading jurists, scholars, and practitioners to explain not only what changed, but why those changes continue to shape the administration of justice. Rather than treating bankruptcy as a narrow specialty, the volume reveals it as a central part of the nation’s legal and economic history. The result is a work that will reward historians, judges, lawyers, and anyone interested in the development of the modern federal judiciary.
Non-Members | Purchase a Print Copy! Become a Member for $50 or Above for a Free Copy!Front Materials & Table of Contents
Articles:
- Introduction | Hon. Michael Daly Hawkins
- Foreword | Hon. Scott C. Clarkson
- The Birth of the Modern Bankruptcy System: Inside the Bankruptcy Reform Act of 1978 | Hon. Geraldine Mund
- The Oral History of Richard B. Levin | Hon. Scott C. Clarkson
- Relics Remembered: Cases and Concepts of the 1978 Code Made Redundant | Bruce A. Markell
- Bargaining, Unwritten Law, and the Emergence of the Modern Law of Corporate Reorganizations | Douglas G. Baird
- Bankruptcy Appellate Panels: An Idea, Experiment and Institution in the Ninth Circuit, 1975-1994 | Hon. Benjamin P. Hursh and M. Jonathan Hayes
- The 1982 Emergency Rule: How Prescient Foresight Left an Indelible Impact On Bankruptcy Jurisdiction | Hon. Elizabeth L. Gunn
- The Enduring Case for Bankruptcy Exceptionalism | Jared I. Mayer
- The Central District of California Bankruptcy Court in Crises: Leadership, Continuity, and Institutional Adaptation During COVID-19 | J. Scott Bovitz
- The History of Healthcare Entities and Their Unique Issues Under the Bankruptcy Code | Samuel R. Maizel
- A Brief History of Third-Party Releases Under the Bankruptcy Code | Bruce Grohsgal
- From Referees to the Modern Bankruptcy Bench: A History of the National Conference of Bankruptcy Judges | Hon. Robert H. Jacobvitz
Book reviews:
- Bob Boze Bell reviews John Boessenecker’s Ride the Devil’s Herd: Wyatt Earp’s Epic Battle Against the West’s Biggest Outlaw Gang
- Hon. John Holcomb reviews Admiral James Stavridis’ The Restless Wave: A Novel of the United States Navy
- Hon. M. Margaret McKeown and Ezra Louvis reviews Phillippe Sands’ 38 Londres Street: On Impunity, Pinochet in England and a Nazi in Patagonia
- Jeri Meikle Nowakowski reviews Benjamin Taylor’s Chasing Bright Medusas: A Life of Willa Cather
- Lisa Manheim and Madeline Cochran review Justice Anthony M. Kennedy’s Life, Law & Liberty

The Parental Rights Trilogy: A Centennial Symposium | Volume 35, Number 1-2 (full PDF)
Private schools, parental rights, language bans, and conflicting interests. From Oregon’s attempt to shutter private schools to bans on German and Asian language instruction, Western Legal History Volume 35 dives deep into the culture wars of the 1920s and their lasting impact on education, privacy, and personal freedom in the American West. Featured cases include Meyer v. Nebraska (1923), Pierce v. Society of Sisters (1925), and Farrington v. Tokushige (1927).
Front Materials & Table of Contents
Articles:
- Introduction | Hon. Michael Daly Hawkins
- The Context and Enduring Legacy of Pierce v. Society of Sisters | William Ross
- Farrington v. Tokushige: Language and Power in Hawai’i | MJ Palau-McDonald
- Unenumerated Rights and Judicial Deference | Kermit Roosevelt III
- Meyer, Pierce, and Substantive Free Exercise: The Role of the Parent-Child Bond in Religion Clause Jurisprudence | Angela Carmella
- The Legacy of Pierce and Meyer in a Post-Dobbs Era | Susan Lawrence
- The Supreme Court, Education, and the KKK | David Bernstein
Book reviews:
- Hon. Michele Friedland reviews Hon. David Tatel’s Vision: A Memoir of Blindness and Justice
- Tessa Dysart reviews Robert Miller and Robbie Ethridge’s A Promise Kept: The Muskogee (Creek) Nation and McGrit v. Oklahoma
- Leigh-Ann Miyasato reviews Mark Harmon and Leon Carroll, Jr.’s Ghosts of Honolulu: A Japanese Spy, A Japanese-American Spy Hunter and the Untold Story of Pearl Harbor
- Lt. Gen. John Goodman reviews Adam Lazarus’s Wingmen: The Unlikely, Unusual, Unbreakable Friendship Between John Glenn and Ted Williams
- Lenni Benson reviews Jonathan Blitzer’s Everyone Who is Gone is Here: The United States, Central America, and the Making of a Crisis

GAM(BL)ING | Volume 34, Number 1-2
Sports betting, gambling boat raids, tribal gaming, and more! This issue has everything.
Content:
- Introduction | Hon. Michael Daly Hawkins
- Special Introduction: Western Legal History Gam(bl)ing Edition | Becky Harris
- Reflections On The History of Gaming Regulation | John Maloney
- Gambling Law in Idaho: from Territorial Days to the Present | Michael Stephen Gilmore
- Gambling in California: From 49ers Gambling to Gambling on the 49ers | Jason Pope
- An Overview of Gaming Compliance | Jennifer Roberts
- Earl Warren & The Battle of Santa Monica Bay: A Bridge To Modern Law Enforcement | Andrea Sheridan Ordin
- Indian Gaming and Sovereignty: Looking Beyond the Fort McDowell Standoff | Javiera Sothers
- Wyatt Earp’s Questionable Officiating: Dubious Call or Match-Fixing? | Travis C. Studdard
- Labor Relations in California Tribal Gaming | Norman Brand
- From the Wire Act to Wireless: A Brief Overview of the History of Online Gaming in the United States | Jordan Scot Flynn Hollander
- Technology in Gaming | Sara Partida
- And The Two Shall Never Meet: A Comparison of Nevada’s Gaming and Cannabis Regulatory Frameworks and Policy Goals | Riana Durrett
Book reviews included in this issue:
- Hon. M. Margaret McKeown reviews Cliff Sloan’s The Court At War
- Professor Richard Mahoney reviews Gary Bass’s Judgment at Tokyo
- Hon. Robert S. Lasnik reviews Martin Siegel’s Judgment and Mercy
- Dan Hartman reviews The Business of Sports Betting by Becky Harris, John Golden, and Gil Fried
- Hon. G. Murray Snow reviews Vengeance is Mine by Richard Turley and Barbara Jones Brown
- Peter Buscemi reviews Hon. William Alsup’s The Trial of Lee Harvey Oswald
- Hon. Mary M. Schroeder reviews Lisa Kloppenberg’s The Best Beloved Thing Is Justice

WATER | Volume 33, Number 1-2
The Guest Editor of this edition, Rhett Larson, is widely recognized as one of America’s best informed and knowledgeable water experts. He is no stranger to the thirst of arid lands for water, having cut his working teeth in the deserts of Jordan, Lebanon, and Israel where he helped develop solar powered wells in the midst of sectarian conflict. Rhett has assembled a wide and talented group of individuals immersed in Western water issues to provide a description of the various competitors for the limited supply of its lifeblood and so much more about Water in the West.
Content:
- Introduction | Hon. Michael Daly Hawkins
- Special Introduction: Water Equity and Prior Appropriation in the West | Rhett B. Larson
- Border Crossing: The Function and Designation of a Navigable Stream | Eric Boime
- California Exceptionalism in the Colorado River: A Brief History and Implications for the Future | Robin Kundis Craig
- Ownership and Control of Fresh Water in Common Law Cultures | Joshua Getzler
- The McCarran Amendment, the San Carlos Apache, and Tribal Water Rights | Senator Jon Kyl, Ryan Smith, and John Weldon
- Colonial Land Appropriation and Prior Appropriation Have Limited Water Access for Indigenous People | Amorina Lee-Martinez
- The 1922 Colorado River Compact at 100 | Larry MacDonnell
- Doing Justice with Water: Finding Equity Through Negotiations | Richard Morrison
- Fighting For Water Equity in the West: Whose Water Is It Anyway? | Joe Regalia
- The Color of Equity: Observations of a Brown Buffalo on Indigenous Water Rights, Japanese Internment, and the Socio-Legal History of the Colorado River | Tom Romero, II
- An Essay on Pueblo Water Rights | Shelley Ross Saxer
- A Tale of Water Language in the West | Margaret Vick
Book reviews included in this issue:
- Former Governor of Arizona Bruce Babbitt reviews Marc Reisner’s Cadillac Desert
- Hon. Mary Schroeder reviews Nina Totenberg’s Dinners With Ruth
- Hon. William A. Fletcher reviews Judge M. Margaret McKeown’s Citizen Justice
- Ed Novak reviews Buzz Bissinger’s The Mosquito Bowl
- Joe Sims reviews Troy Senik’s A Man of Iron

STRANGERS IN A STRANGE LAND | Volume 32, Number 2
Afghanistan, and now Ukraine, make us think of the journeys of those who must take flight from their countries. In this issue, vaunted Ninth Circuit and District Court judges share their experiences of having fled their homelands to come to the United States.
Content:
- Introduction | Hon. Michael Daly Hawkins
- Special Introduction | Hon. Lucy H. Koh
- Coming To California I Hon. Carlos T. Bea
- The Aftermath of Executive Order 9066: Boyhood Recollections | Hon. A. Wallace Tashima
- Hope On A Plane | Hon. Roger T. Benitez
- A Refugee’s Flight from South Vietnam to America | Hon. Jacqueline H. Nguyen
- My Family’s Bridge Over Troubled Waters: Our Journey from Vietnam to America | Hon. Miranda M. Du
- The Martinez Riot of 1882 | Prof. Charles McClain
Book reviews included in this issue:
Read The Full Issue HereIDAHO | Volume 32, Number 1
This issue is the culmination of a years’ long effort in partnership with our friends at the Idaho Legal History Society. It features writings on the great state of Idaho and includes pieces on its history with an emphasis on the legal and the judicial landscape.
Content:
- Applying History: A Historian’s Experiences in the Coeur d’Alene Water Cases | Thomas R. Cox
- Friendship Betrayed: Granville Stuart, Samuel T. Hauser, and the Seven Devils Mining Case | Clyde A. Milner II
- Idaho Scrapbook | Christian Winn
- Tumult to Order: The Federal Courts in North Idaho | Hon. Richard C. Tallman and Morgan D. Goodin
- Idaho Judges on the Ninth Circuit Court of Appeals | Hon. Ryan D. Nelson
- The First Women of Idaho’s Bench and Bar | Debora Grasham
- Idaho’s Courthouses: Past and Present | Robyn Lipsky and Katia Kiston
- A True “Western Lawyer”: The Extraordinary Legal Career of Milton J. Helmick —Last Judge of the U.S. Court for China | Tom Westphal
Book reviews included in this issue:
- Cristina Violante reviews Byron Pearson’s Saving Grand Canyon: Dams, Deals, and a Noble Myth
- Professor Daniel Rogriguez reviews Rawn James, Jr.’s The Truman Court: Law and the Limits of Loyalty
In this issue, we also remember two longtime contributors to WLH and to the NJCHS: Professor Stephen Wasby and Tom McDermott. Professor Wasby served on the NJCHS Editorial Board and, as his friend Professor Arthur Hellman and others detail, contributed extensively to scholarship about the Ninth Circuit. Tom McDermott was an active and contributing member of the NJCHS Board for many years, and more generally was the very soul of decency.

BISBEE | Volume 31, Number 2
In the early morning hours of July 12, 1917, more than a thousand mine workers and their sympathizers were rounded up at gunpoint by a citizen posse in Bisbee, AZ, and ultimately marched several miles to waiting railroad cattle cars, which carried them into the New Mexico desert, where they were abandoned. This 100-year-old event, referred to as the Bisbee Deportation of 1917, and seminal to the history of Arizona, is the subject of this issue.
Content:
- The Bisbee Deportation: There Will Be Ore | Judge Michael D. Hawkins
- Governor Hunt, Labor and the Bisbee Deportation | Paul F. Eckstein and Timothy J. Eckstein
- Felix Frankfurther and the Bisbee Deportation | Jonathan D. Rosenblum
- Things I Can Never Forget | Alice Campbell Juliff
Book reviews included in this issue:
- Honorable Thelton E. Henderson reviews Judge William Alsup’s Won Over: Reflections of a Federal Judge on His Journey from Jim Crow Mississippi
- Professor Gerald F. Uelmen reviews Wendell Bird’s Criminal Dissent: Prosecutions Under the Alien and Sedition Acts of 1798

FIRST | Volume 31, Number 1
Dedicated to the Hon. Paul G. Rosenblatt
This issue is simply labeled “First.” Each piece represents a first of its kind in its own way.
Content:
- My Life as a Law Clerk: Justice O’Connor’s First Term | Hon. Ruth McGregor
- Ernest W. McFarland and the G.I. Bill of Rights | Gary L. Stuart
- The San Mateo and Santa Clara Railroad Tax Cases (1882-1886) from the Trenches | John D. Gordan, III
- Remembering Annette Abbott Adams | Andrea Sheridan Ordin, Esq.
- Go East, Young Woman: Breaking the Supreme Court Clerk Gender Barrier | Hon. Robert S. Lasnik

THE WOMEN’S VOTE: HOW THE WEST LED THE WAY | Vol. 30, Number 1 & 2
This issue of Western Legal History addresses the right to vote, surely one of the most important underpinnings of democratic citizenship, but one that was denied to half of Americans in the Declaration of Independence, where Thomas Jefferson’s towering words “all men are created equal” undoubtedly meant white men who owned property. It would remain that way for nearly 150 years, until the ratification of the Nineteenth Amendment, in August 1920. There was, without doubt, a reluctance in many parts of the nation to extend the right to vote to women. But in a number of territories and states in the American West, from Wyoming Territory in 1869 to Nevada and Montana in 1914, the franchise was extended to women prior to the nationwide adoption of the right. This issue focuses on six of those states and two territories, all of which except Wyoming are within the current boundaries of the Ninth U.S. Judicial Circuit.
Content:
- How the Woman’s Vote Was Won in the West: An Overview | Dr. Rebecca J. Mead
- Breakin’ Through: Wyoming’s Trailblazing Path to Women’s Suffrage | Hon. M. Margaret McKeown
- Balancing Act: Idaho’s Campaign for Women’s Suffrage | Dr. Rebecca Scofield and Dr. Katherine G. Aiken
- Winning, Losing, and Regaining the Franchise: The Long Road to Voting Equality in Washington | Hon. Morgan Christen
- The Long Oregon Trail to Women’s Suffrage | Hon. Susan P. Graber
- Winning California: The 1911 Suffrage Victory | Dr. Gayle Gullett
- Arizona’s Woman Suffrage Movement | Heidi J. Osselaer
- Alaska Native Women’s Long Road to Suffrage | Hon. Morgan Christen
- Evolving Toward Equality: Montana’s Woman Suffrage Story | Dr. Mary Sheehy Moe
- Nevada’s Campaigns for Woman Suffrage | Dr. Joanne Goodwin

This issue is devoted to the lives and legacies of two extraordinary individuals who were recently lost to us: Judges John Noonan and Harry Pregerson. Both were individuals of great faith—one a devout Roman Catholic, the other an equally devout Jew. Both were deeply devoted to their respective families. Both were judges for at least three decades and sent scores of law clerks into the world with a crystal-clear understanding of what was right and what was not. Importantly, both understood that the law could not be blind to the human circumstances of those who came in contact with our system of justice.
Read the Full Issue Here
