{"title":"The Advocate's Devil: The Maritime Public Historian as Expert Witness.","authors":"Jay C Martin","doi":"10.1525/tph.2015.37.1.25","DOIUrl":"https://doi.org/10.1525/tph.2015.37.1.25","url":null,"abstract":"<p><p>The maritime historian working as litigation support and expert witness faces many challenges, including identifying and analyzing case law associated with admiralty subjects, cultural resource management law, and general historical topics. The importance of the unique knowledge of the historian in the maritime context is demonstrated by a case study of attempts to salvage the shipwreck Atlantic, the remains of a merchant vessel built and enrolled in the United States and lost in the Canadian waters of Lake Erie in 1852.</p>","PeriodicalId":516880,"journal":{"name":"The Public Historian","volume":"37 1","pages":"25-38"},"PeriodicalIF":0.7,"publicationDate":"2015-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1525/tph.2015.37.1.25","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33929145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"From Archive to Evidence: Historians and Natural Resource Litigation.","authors":"Jennifer A Stevens","doi":"10.1525/tph.2015.37.1.68","DOIUrl":"https://doi.org/10.1525/tph.2015.37.1.68","url":null,"abstract":"<p><p>Within the field of natural resource law are several specific areas that are well suited for the historian's skillset and knowledge. The deployment of the historian's tool box when conducting research in the legal world, however, can result in deliverables which vary significantly from those found in the academy, as they range widely in both size and scope and do not always use the full range of a historian's skills. New technological platforms provide consulting historians with creative opportunities to disseminate valuable information and sources and enhance important scholarly debates.</p>","PeriodicalId":516880,"journal":{"name":"The Public Historian","volume":"37 1","pages":"68-87"},"PeriodicalIF":0.7,"publicationDate":"2015-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1525/tph.2015.37.1.68","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33995521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Expert History and the Tribulations of Trials.","authors":"Randolph Bergstrom","doi":"10.1525/tph.2015.37.1.8","DOIUrl":"https://doi.org/10.1525/tph.2015.37.1.8","url":null,"abstract":"","PeriodicalId":516880,"journal":{"name":"The Public Historian","volume":"37 1","pages":"8-10"},"PeriodicalIF":0.7,"publicationDate":"2015-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1525/tph.2015.37.1.8","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33929140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Indigenous Space and the Landscape of Settlement: A Historian as Expert Witness.","authors":"Susan E Gray","doi":"10.1525/tph.2015.37.1.54","DOIUrl":"https://doi.org/10.1525/tph.2015.37.1.54","url":null,"abstract":"<p><p>This essay examines my work as expert witness in the case of U.S. v. Michigan, a Indigenous use-rights case. I was charged with parsing the intention of a specific article of the 1836 Treaty of Washington compelling land cession by Anishinaabe peoples and with writing a history of land use in the area from that date to the present for the Chippewa Ottawa Resource Authority (my employer). The challenges were not only methodological (how do you estimate use from ownership?) and epistemological (what constitutes proof that will satisfy both historians and lawyers?), but also sociological and psychological: what happens when an associate professor puts her progress toward full professor on hold for the sake of a court case?</p>","PeriodicalId":516880,"journal":{"name":"The Public Historian","volume":"37 1","pages":"54-67"},"PeriodicalIF":0.7,"publicationDate":"2015-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1525/tph.2015.37.1.54","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33995520","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bury My Documents in Lenexa, Kansas: Expert Witness Work and the American Indian Records Repository.","authors":"Emily Greenwald, Ian Smith","doi":"10.1525/tph.2015.37.1.39","DOIUrl":"https://doi.org/10.1525/tph.2015.37.1.39","url":null,"abstract":"<p><p>Restricted access to the American Indian Records Repository (AIRR) poses significant problems for expert witness historians working outside the federal government, as well as for academic historians and tribes. The authors discuss the creation of the AIRR in 2004, the records housed there, and the challenges they have experienced as expert witnesses seeking access to the AIRR. Although the AIRR preserves a far greater volume of federal records than might have otherwise occurred, the lack of public access may ultimately impede historians' ability to examine modern topics in Native American history and United States-tribal relations.</p>","PeriodicalId":516880,"journal":{"name":"The Public Historian","volume":"37 1","pages":"39-45"},"PeriodicalIF":0.7,"publicationDate":"2015-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1525/tph.2015.37.1.39","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33929146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Documentary Evidence and the Construction of Narratives in Legal and Historical Contexts.","authors":"Gwynneth C D Jones","doi":"10.1525/tph.2015.37.1.88","DOIUrl":"https://doi.org/10.1525/tph.2015.37.1.88","url":null,"abstract":"Based on her experiences as an expert witness in Canadian litigation related to Aboriginal peoples, the author shares some personal reflections on the use of the written record as \"evidence\" in a legal context. As end users in a litigation context will be constructing their own narratives, a historian can add value in the courtroom by sharing skills in analyzing and providing context for written materials as well as providing a narrative based on their content. This process of simultaneously constructing and deconstructing a narrative can support the legitimacy of multiple narratives and provide space for evidence of other types, particularly oral evidence.","PeriodicalId":516880,"journal":{"name":"The Public Historian","volume":"37 1","pages":"88-94"},"PeriodicalIF":0.7,"publicationDate":"2015-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1525/tph.2015.37.1.88","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33995976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Why Litigation-Driven History Matters: Lessons Learned from the Secret History of TCE.","authors":"Keith A Zahniser","doi":"10.1525/tph.2015.37.1.46","DOIUrl":"https://doi.org/10.1525/tph.2015.37.1.46","url":null,"abstract":"<p><p>Litigation drives extensive historical research but often allows only select observers to see the results. Historians have conducted untold studies for litigation that become \"secret histories\" because these histories are not published. An example is the historical use and regulation of the chemical trichloroethylene (TCE), a hazardous chemical at issue in much environmental litigation, but a topic virtually absent in the secondary literature. This practice seems to contravene accepted standards of open scholarship. Although not directly aligned with the traditional academic model of historical practice, however, historical research and writing for litigation achieve legitimate and important results without abandoning the discipline's professional standards. History done by consultants for litigation is neither a history of compromised standards nor as \"secret\" as feared.</p>","PeriodicalId":516880,"journal":{"name":"The Public Historian","volume":"37 1","pages":"46-53"},"PeriodicalIF":0.7,"publicationDate":"2015-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1525/tph.2015.37.1.46","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33929148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Pragmatic Roots of Public History Education in the United States.","authors":"Rebecca Conard","doi":"10.1525/tph.2015.37.1.105","DOIUrl":"https://doi.org/10.1525/tph.2015.37.1.105","url":null,"abstract":"","PeriodicalId":516880,"journal":{"name":"The Public Historian","volume":"37 1","pages":"105-20"},"PeriodicalIF":0.7,"publicationDate":"2015-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1525/tph.2015.37.1.105","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33995977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"[Re]Evaluating significance: the environmental and cultural value in older and historic buildings.","authors":"Kathryn Rogers Merlino","doi":"10.1525/tph.2014.36.3.70","DOIUrl":"https://doi.org/10.1525/tph.2014.36.3.70","url":null,"abstract":"<p><p>Traditionally the value of a building is measured through the historical, cultural, or architectural significance that has emerged from the established traditions of historic preservation policy in the United States. Although the designation of historic properties is a critical venue to save our most historically significant buildings, it does not account for those that fall outside of the established categories of significance. Accounting for the environmental value of buildings and understanding them as repositories of energy and materials repositions the way we value of the built environment for a more sustainable future.</p>","PeriodicalId":516880,"journal":{"name":"The Public Historian","volume":"36 3","pages":"70-85"},"PeriodicalIF":0.7,"publicationDate":"2014-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1525/tph.2014.36.3.70","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33343048","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Reflections on the public interpretation of regional environmental history in western Pennsylvania.","authors":"Chris J Magoc","doi":"10.1525/tph.2014.36.3.50","DOIUrl":"https://doi.org/10.1525/tph.2014.36.3.50","url":null,"abstract":"<p><p>This essay attempts to counter the scarcity of efforts to address issues of natural resource extraction and environmental exploitation in public history forums. Focused on western Pennsylvania, it argues that the history of industrial development and its deleterious environmental impacts demands a regional vision that not only frames these stories within the ideological and economic context of the past, but also challenges residents and visitors to consider this history in light of the related environmental concerns of our own time. The essay explores some of the difficult issues faced by public historians and practitioners as they seek to produce public environmental histories that do not elude opportunities to link past and present in meaningful ways.</p>","PeriodicalId":516880,"journal":{"name":"The Public Historian","volume":"36 3","pages":"50-69"},"PeriodicalIF":0.7,"publicationDate":"2014-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1525/tph.2014.36.3.50","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33343047","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}