Herstory

Pamphlets written by Ida B. Wells-Barnett on the subject of lynching comprise a substantial body of innovative writing, reporting, and analysis in U.S. intellectual history. In the 1890s especially, nascent professional social scientists, media opinion shapers, and leaders in the black community acknowledged and relied on her work.1 Indeed, Ida B. Wells-Barnett's foundational insights into the complex social dynamics behind the lynching for rape scenario have stood the test of time in the more than one hundred years since she penned them; yet her status and recognition as a social critic in the ensuing years has been embattled, to say the least.2 At her death in 1931, for example, W.E.B. Du Bois wrote in National Association for the Advancement of Colored People's (NAACP) journal, The Crisis, that her work had been "easily forgotten" and "taken to greater success" by others.3 Wells-Barnett herself complained in a diary of the neglect of "my anti-lynching contribution" in early black history textbooks penned by the influential scholar Carter G. Woodson.4 This essay suggests that rather than comprising a "forgotten" body work, Ida B. Wells-Barnett's pamphlet writings were appropriated and transformed by peers and colleagues in social reform. In turn, they marginalized her as author and leader.

In 2011, a man in northeastern Oregon beat his girlfriend with a gun, using it like a club to strike her in front of their children.

Both were members of the Confederated Tribes of the Umatilla Indian Reservation. The federal government, which has jurisdiction over major crimes in Indian Country, declined to prosecute.

So the tribes stepped in. The man was convicted in their courts and sentenced to 790 days in federal prison.

But had the assault happened a week earlier, the case could never have gone to trial.

The Umatilla tribes had recently enacted new provisions from a federal law, the Tribal Law and Order Act, that allowed Native American courts to try their own people for felony crimes instead of relying on the federal authorities.

Without those provisions, once federal prosecutors declined the case, the woman would have had no other legal recourse.