Barbara Young Welke.

Barbara Welke

Distinguished McKnight University Professor
Professor of History and Professor of Law
Co-Director, Program in Law and History
Distinguished University Teaching Professor
328 Mondale Hall

Degrees

University of Kansas, B.A.
University of Michigan, J.D.
University of Chicago, Ph.D.

Expertise

  • American Legal History
  • Legal History
  • Constitutional Law

Professor Barbara Young Welke is professor of history and professor of law, co-director of the program in law and history, and President of the American Society for Legal History. She teaches and writes about law in American life and modern U.S. history more generally. She is also an adjunct faculty member in American Studies and Gender, Women, and Sexuality Studies.

Professor Welke received her B.A. in history and political science, with highest distinction, honors in history, from the University of Kansas in 1980; her J.D., cum laude, from the University of Michigan Law School in 1983; and her Ph.D., with departmental honors, from the University of Chicago in 1995. Prior to joining the University of Minnesota Department of History in 1998, she was an assistant professor of history at the University of Oregon from 1995–98. Before returning to graduate school, Professor Welke practiced law as an associate with Jenner & Block in Chicago.

She is the author of two books Recasting American Liberty: Gender, Race, Law, and the Railroad Revolution, 1865-1920 (Cambridge University Press, 2001), awarded the AHA Littleton-Griswold Prize in 2002 for the best book in any subject on the history of American law and society, and Law and the Borders of Belonging in the Long Nineteenth Century United States (Cambridge University Press, 2010).  Her third book Writing with Fire: The Cowboy Suit Tragedy and The Course of a Life will be published by the University of Chicago Press in September 2026. 

Her prizewinning articles include "The Cowboy Suit Tragedy: Spreading Risk, Owning Hazard in the Modern American Consumer Economy,” Journal of American History (June 2014), awarded SHCY 2015 (biennial) Fass-Sandin Prize for the best article on the history of childhood, a play “Owning Hazard, A Tragedy,” UC Irvine Law Review (September 2011), and "When All the Women Were White, and All the Blacks Were Men:  Gender, Class, Race, and the Road to Plessy, 1855-1914," Law & History Review (Fall 1995), awarded the ASLH Erwin C. Surrency Prize. Her research has been recognized with awards and fellowships both from the University of Minnesota and beyond, including being named as a Distinguished McKnight University Professor (2018), Scholar of the College in the College of Liberal Arts (2011-2014), and McKnight Land-Grant Professorship (2001-03). Her external awards include most recently a year as a Research Fellow at the Schelby Cullom Davis Center for Historical Studies, Princeton University (2018-19).

Professor Welke's broad interest in American history and commitment to undergraduate, graduate, and professional students is reflected in her teaching and advising in the History Department, the Law School, and beyond. She teaches courses in 19th and 20th century U. S. history and more specialized courses U.S. legal and constitutional history at all levels. Welke is actively engaged in advising Ph.D. students whose work engages the role of law in American history, including topics on citizenship, legal personhood, disability, class, gender, race, sexuality, immigration, labor, and social welfare. Ph.D. students she has advised have gone on to tenure-track and tenured appointments across the United States. In 2018 she received the Award for Outstanding Contributions to Graduate and Professional Education and in 2006 she received the Horace T. Morse-University of Minnesota Alumni Association Award recognizing excellence in undergraduate teaching, advising, academic program development, and educational leadership.  Her work with graduate students and early career scholars has long extended beyond the University of Minnesota, including leading the Hurst Summer Institute in Legal History, sponsored by the American Society for Legal History and hosted by the University of Wisconsin, Madison, in June 2007, 2009, 2011, and 2015. 

Professor Welke is actively engaged in departmental, college, university, professional, and public service. She has co-directed the Program in Law & History at the University of Minnesota since 2007.  She has co-chaired both the AHA Program Committee and the ASLH Program Committee, served on and chaired dissertation and book prize committees for the AHA, OAH, ASLH, and LSA. Her deepest professional roots are with the American Society for Legal History where she has served in a broad range of capacities with a special commitment to initiatives supporting graduate students and early career scholars, and more recently establishing a series of virtual initiatives to foster inclusion and community. In 2021, she was elected President-Elect of the ASLH.  In 2023, she became President of the ASLH, a position she will hold through 2025.

Legal History Workshop


Women's Legal History


Works in Progress

A Consuming Passion: Product Liability and the Rights Revolution in 20th Century America (book in progress)
Playing with Fire (play in progress)
Telling Stories: Love, Loss, History, and Who We Are (book in progress)

Books

Law and the Borders of Belonging in the Long Nineteenth Century United States (Cambridge University Press, 2010)
Recasting American Liberty: Gender, Race, Law, and the Railroad Revolution, 1865-1920 (Cambridge University Press, 2001) (recipient of the American Historical Association 2002 Littleton-Griswold Prize)

Journal Articles

The Cowboy Suit Tragedy: Spreading Risk, Owning Hazard in the Modern American Consumer Economy, 101 Journal of American History 97-121 (2014)
Owning Hazard, A Tragedy, 1 UC Irvine Law Review 693-771 (2011)
"Glimmers of Life": A Conversation with Hendrik Hartog, 27 Law and History Review 629-655 (2009)
(with
Hendrik Hartog
)
Beyond Plessy: Space, Status, and Race in the Era of Jim Crow, 2000 Utah Law Review 267-299 (2000) (Legal Archaeology: Making Sense of the Law symposium issue)
Willard Hurst and the Archipelago of American Legal Historiography, 18 Law and History Review 197-204 (2000)
When All the Women Were White, and All the Blacks Were Men: Gender, Class, Race, and the Road to Plessy, 1855-1914, 13 Law and History Review 261-316 (1995) (recipient of the American Society for Legal History 1996 Erwin C. Surrency Prize)
Unreasonable Women: Gender and the Law of Accidental Injury, 1870-1920, 19 Law & Social Inquiry 369-403 (1994)

Book Chapters

Law, Citizenship, and Personhood in the Long Nineteenth Century: The Borders of Belonging, in Cambridge History of Law in America (Michael Grossberg & Christopher L. Tomlins, eds., Cambridge University Press, 2008)
Rights of Passage: Gendered-Rights Consciousness and the Quest for Freedom, San Francisco, California, 1850-1870, in African-American Women Confront the West, 1600-2000 (Quintard Taylor and Shirley Ann Wilson Moore, eds., University of Oklahoma Press, 2003)

Book Reviews

Book Review, 32 Law and History Review 437 (2014) (reviewing Jonathan Levy, Freaks of Fortune: The Emerging World of Capitalism and Risk in America (Harvard University Press, 2012))
Miscegenation and the Racial State, 41 Contemporary Sociology 283-287 (2012) (reviewing Peggy Pascoe, What Comes Naturally: Miscegenation Law and the Making of Race in America (Oxford University Press, 2009))
Book Review, 115 American Historical Review 551-552 (2010) (reviewing Susan M. Schweik, The Ugly Laws: Disability in Public (New York University Press, 2009))
Book Review, 36 Journal of Family History 97-99 (2011) (reviewing James D. Schmidt, Industrial Violence and the Legal Origins of Child Labor (Cambridge University Press, 2010))
Book Review, 36 Journal of Interdisciplinary History 292-293 (2005) (reviewing Michael Willrich, City of Courts: Socializing Justice in Progressive Era Chicago (Cambridge University Press, 2003))
Book Review, 92 Journal of American History 209-210 (2005) (reviewing John Fabian Witt, The Accidental Republic: Crippled Workingmen, Destitute Widows, and the Remaking of American Law (Harvard University Press, 2004))

Other Publications

Interview with Laura J. Cooper, J. Stewart & Mario Thomas McClendon Professor in Law and Alternative Dispute Resolution, University of Minnesota Law School (University of Minnesota Law School, 2017) (Interviewed February 1, 2017)
(with

Doctoral Theses

Gendered Journeys: A History of Injury, Public Transport, and American Law, 1865-1920 (unpublished Ph.D. dissertation, University of Chicago, Department of History, 1995) (recipient of the Organization of American Historians' 1996 Lerner-Scott Prize & University of Chicago 1996 Divisional Dissertation Prize (Best Dissertation in the Social Sciences))

Honors & Fellowships

Chair, Hurst Summer Institute in Legal History, University of Wisconsin, Madison (June 14-27, 2015; June 12-24, 2011; June 14-26, 2009; June 10-22, 2007)
Distinguished McKnight University Professor, University of Minnesota, April 2013-Present
Scholar of the College, University of Minnesota, College of Liberal Arts, 2011-2014 (acknowledging outstanding achievement and contributions in scholarship or creative activity, teaching, and service, as well as in the promise of further achievement)
Horace T. Morse-University of Minnesota Alumni Association Award 2006 (recognizing excellence in undergraduate teaching, advising, academic program development, and educational leadership)
William Nelson Cromwell Foundation Grant 2005
University of Minnesota, McKnight-Land Grant Professorship, 2001-2003
National Endowment for the Humanities/Lloyd Lewis Fellowship in American History 1997-98, Newberry Library, Chicago, IL
University of Oregon, Department of History, Endeavour Faculty Fellowship 1998 (for outstanding scholarship, teaching, and service)