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"Equality Before the Law" is the state motto of Nebraska. It dates back to early statehood in June 1867, two years after the close of a war fought over the fate of slavery in the United States. Two formulations were given consideration: the aforementioned "Equality Before the Law" and "Equal Rights for All." Prior to introducing the bill that would create the seal for the state of Nebraska, Nebraska House of Representatives member Isaac Wiles consulted with Elmer S. Dundy, the Nebraska District Court judge who would preside over the landmark cases of Standing Bear v. Crook and Elk v. Wilkins. Dundy, according to Wiles, preferred "Equality Before the Law," and it was adopted and included on the Great Seal of the State of Nebraska.1

With that goal in mind, we present this open digital repository for the study of U.S. law and race that seeks to integrate the historical record with voices, perspectives, and stories of those affected by this history. This open educational resource aims to be a central hub for legal records from courts and legislatures across the U.S., introducing audiences to the efforts of marginalized people and their pursuit of racial and social justice claims in the law, connecting past legal networks and strategies to modern counterparts and contexts. These individuals challenged racial categorization and oppression, offered counter-narratives for future legal action, and, in so doing, shaped the course of American law and history.

Our goal with the resource is to extend the American historical imagination to recover these stories, illuminating how ordinary people used the law to define their rights and how their actions intersected with the nation's highest politics. Such stories need telling now because Americans live in separate historical realities. Only through initiatives like this one that bring together large university teaching programs, immersive new forms of digital media content, and community partnership storytelling can we begin to connect Americans to their history in ways that repair the fractures in our national understanding.

A coat-of-arms style carving on the Nebraska State Capitol Building that features Nebraska iconography and the words 'Equality Before the Law' with the sower at the top of the Capitol Building visible above
Nebraska State Capitol Building (Photo Credit: Kaci Nash)

1. James E. Potter, "'Equality Before the Law': Thoughts on the Origin of Nebraska’s State Motto," Nebraska History 91 (2010): 116-121.