WESTERN LEGAL HrSTORY THE JOURNAL OF THE NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY VOLUME 20, NUMBERS 1 & 2 2007 Western Legal History is published semiannually, in spring and fall, by the Ninth Judicial Circuit Historical Society, 125 S. Grand Avenue, Pasadena, California 91105, (626) 795-0266/fax (626) 229-7476. The journal explores, analyzes, and presents the history of law, the legal profession, and the courts- particularly the federal courts-in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Western Legal History is sent to members of the NJCHS as well as members of affiliated legal historical societies in the Ninth Circuit. Membership is open to all, Membership dues (individuals and institutions): Patron, $1,000 or more; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499; Sustaining, $100-$249; Advocate, $50-$99; Subscribing (nonmembers of the bench and bar, lawyers in practice fewer than five years, libraries, and academic institutions), $25-$49. Membership dues (law firms and corporations): Founder, $3,000 or more; Patron, $1,000-$2,999; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499. For information regarding membership, back issues of Western Legal History, and other society publications and programs, please write or telephone the editor. POSTMASTER: Please send change of address to: Editor Western Legal History 125 S. Grand Avenue Pasadena, California 91105 Western Legal History disclaims responsibility for statements made by authors and for accuracy of endnotes. Copyright 02007, Ninth Judicial Circuit Historical Society ISSN 0896-2189 The Editorial Board welcomes unsolicited manuscripts, books for review, and recommendations for the journal. Manuscripts (three copies, and one disk in Microsoft Word for Windows, if possible) should be sent to the Editor, Western Legal History, 125 S. Grand Avenue, Pasadena, California 91105. Texts, including quotations and endnotes, must be double spaced. Notes must be numbered consecutively and appear in a separate section at the end of the text. Authors are requested to follow the style for citations used in this journal. Manuscripts that are no more than thirty pages in length, not counting notes, charts and tables, and photographs, are preferred. Also preferred are manuscripts not concurrently under consideration by another journal. Whether because of prejudice or custom, writers in earlier times often used language considered strange or offensive today. Because Western Legal History publishes articles that present the historical record as accurately as possible, it occasionally publishes quotations containing such language. The publication of such is not to be construed as representing the attitudes of either the authors or Western Legal History. Communication with the editor is encouraged before submission of any manuscript. At that time, other guidelines for the preparation and publication of an article may be discussed. Consultation about punctuation, grammar, style, and the like is made with the author, although the editor and the Editorial Board are the final arbiters of the article's acceptance and appearance. Articles published in this journal are abstracted and indexed in America: History and Life; HistoricalAbstracts; the Index to Legal Periodicals;and the Legal Resources Index. NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY BOARD OF DIRECTORS HON. JAMES R. BROWNING HON. SUSAN Y. ILLSTON Chairman San Francisco San Francisco CURTIS A. JENNINGS, ESQ. MARC M. SELTZER, ESQ. Phoenix President HON. ROBERT J. JOHNSTON Los Angeles Las Vegas JEFFREY M. FISHER, ESQ. MICHAEL A. KAHN, ESQ. Vice President San Francisco San Francisco ROBERT D. LOWRY, ESQ. JOHN FRANCIS CARROLL, ESQ, Eugene Treasurer TIMOTHY M. LYNCH, ESQ. San Pedro Anchorage GARETH T. EVANS, ESQ. THOMAS J. MCDERMOTT, JR., ESQ. Secretary Indian Wells Los Angeles HON. M. MARGARET MCKEOWN GERSHAM GOLDSTEIN, ESQ. San Diego Immediate Past President GERALD T. MCLAUGHLIN, ESQ. Portland Los Angeles J. BRUCE ALVERSON, ESQ. HON. MARGARET M. MORROW Las Vegas Los Angeles SETH ARONSON, ESQ, HON. GERALDINE MUND Los Angeles Woodland Hills LEROY J. BARKER, ESQ. TERRY NAFISI Anchorage San Francisco JEROME . BRAUN, ESQ. HON. THOMAS G. NELSON San Francisco Boise CHRISTINE WS. BYRD, ESQ. RONALD L. OLSON, ESQ. Los Angeles Los Angeles JOHN CARSON, ESQ. HON. DIARMUID O'SCANNLAIN Los Angeles Portland HON. DAVID 0. CARTER PER A. RAMFJORD, ESQ. Santa Ana Portland HON. RICHARD R. CLIFTON HON. MANUEL L. REAL Honolulu Los Angeles WILLIAM . EDLUND, ESQ. HON. PAUL G. ROSENBLATT San Francisco Phoenix HON. MORRISON C. ENGLAND, JR. HON. MARY M. SCHROEDER Sacramento Phoenix ROBERT H. FAIRBANK, ESQ. GERALD K. SMITH, ESQ. Los Angeles Phoenix PARKER C. FOLSE III, ESQ. HON. CHRISTINA ANN SNYDER Seattle Los Angeles PAUL T. FRIEDMAN, ESQ. ROBERT S. WARREN, ESQ. San Francisco Los Angeles FREDERICK P. FURTH, ESQ. MICHAEL A. WHITE, ESQ. San Francisco Saipan HON. LLOYD D. GEORGE DOUGLAS R. YOUNG, ESQ. Las Vegas San Francisco HON. ALFRED. T. GOODWIN Pasadena HON. RONALD M. GOULD BOARD MEMBERS EMERITI Seattle PETER R. HABEIN, ESQ. SHIRLEY M. HUFSTEDLER, ESQ. Billings Los Angeles RITA M. HAEUSLER, ESQ. HON. SAMUEL P. KING Los Angeles Honolulu HON. PROCTER HUG. JR. HON. JOSEPH T. SNEED Reno San Francisco WESTERN LEGAL HISTORY BRADLEY B. WILLIAMS, EDITOR JUDITH FORMAN, COPY/PRODUCTION EDITOR EDITORIAL BOARD JUDITH AUSTIN ARTHUR D. HELLMAN Boise University of Pittsburgh GORDON MORRIS BAKKEN School of Law California State University, DAVID J. LANGUM Fullerton Samford University MICHAL BELKNAP Cumberland School of Law California Western CLARE V. MCKANNA, JR. School of Law San Diego State University HON. JAMES R. BROWNING R. JAMES MOONEY Senior Circuit Judge, University of Oregon U.S. Court of Appeals Law School for the Ninth Circuit CLAUS-M. NASKE ELIZABETH J. CABRASER, ESQ. University of Alaska, Fairbanks San Francisco PAULA PETRIK, PH.D. LAWRENCE M. FRIEDMAN George Mason University Stanford Law School PETER L. REICH CHRISTIAN G. FRITZ Whittier Law School University of New Mexico JOHN PHILLIP REID School of Law New York University DALE GOBLE School of Law University of Idaho HARRY N. SCHEIBER, PH.D. School of Law University of California HON. ALFRED T. GOODWIN Boalt Hall School of Law Senior Circuit Judge, MOLLY SELVIN, PH.D. U.S. Court of Appeals Santa Monica for the Ninth Circuit ROBERT S. WOLFE, ESQ, PAUL BRYAN GRAY, ESQ. Santa Ana Claremont JOHN R. WUNDER, J.D., PH.D. MICHAEL GRIFFITH, PH.D. University of Nebraska Oakland STEPHEN W. HAYCOX, PH.D. University of Alaska, Anchorage WESTERN LEGAL HisTORY VOLUME 20, NUMBERS 1 & 2 2007 CONTENTS Foreword Vi Introduction Michael Griffith 1 Western Legal History: The State of the Field Gordon Morris Bakken 3 Balancing Privacy and the Right to Know: Newly Opened Records at the California State Archives Rebecca L. Wendt Legal History through Labor's Prism: Collection Highlights of the Labor Archives & Research Center, SFSU Conor Michael Casey The Federal Government and Citizenship: Archival Resources at the National Archives in Laguna Niguel Gwen E. Granados U3 Cover photo: Resources old and new for researching legal history are explored in this twentieth anniversary issue. Vi WESTERN LEGAL HISTORY VOL, 20 Nos 1 & 2 Historical Resources from the Federal Judicial Center Bruce Ragsdale 75 Mining Nevada's Legal History: Going to the Sources Jeffrey M. Kintop 99 Book Reviews 119 Articles of Related Interest 135 Memberships, Contributions, & Grants 141 FOREWORD With this issue, Western Legal History celebrates its twentieth anniversary. I thought it was appropriate to commemorate this occasion with a special, double issue that would both assess the state of western legal history as a field of study and encourage new research that would advance the field as the journal enters its third decade. To accomplish these objectives I invited friend and colleague Michael Griffith, an outstanding archivist, to be the guest editor for this special issue. He was working with western legal history archives before this journal was founded in 1988. Drawing upon his long experience, he has assembled articles from a wide variety of archivists who point the way for researchers to explore new and sometimes overlooked legal history resources. To review the accomplishments in western legal history, I called upon one of the most prolific scholars in the field and a member of the WLH Editorial Board, Gordon Morris Bakken. Readers will find the breadth of his essay, and thus the accomplishments in western legal history he describes, remarkable. From its beginning, Western Legal History has been sus- tained and supported by the many members of the Ninth Judicial Circuit Historical Society. Their generosity is and continues to be acknowledged in each issue's back pages. More recently, the journal has benefited enormously from grants made by the attorney admission fund committees of many of the courts in the Ninth Circuit. I deeply appreciate the annual support from the U.S. District Court for the Central District of California and the U.S. Court of Appeals for the Ninth Circuit, as well as from the U.S. District Court for Arizona, the U.S. District Court for Nevada, the U.S. District Court for Montana, the U.S. District Court for Alaska, the U.S. District Court for Idaho, and the U.S. District Court for the Northern Mariana Is- lands. As I hope this issue demonstrates, their support contin- ues to advance our knowledge of the legal history of the Ninth Circuit courts and the North American West. Finally, I want to acknowledge the dozens of authors who have shared their research and their book reviews with us for the past twenty years. They have contributed mightily to our better understanding of the judicial system. Without them, there would be no Western Legal History. Bradley B. Williams Editor INTRODUCTION MICHAEL GRIFFITH The quality and depth of legal history ultimately depends on the sources available for research. This issue of Western Legal History highlights archival resources for scholarship, some made available recently and others, perhaps, located in unexpected places.