The UVA Law Library Celebrates Two Centennial Anniversaries

This year marks the 100th anniversary of the 19th Amendment and the 100th anniversary of women’s matriculation at the law school.

To commemorate these two watershed moments in our history, the law library is proud to present the installation of two exhibits which are on display on the 1st and 2nd floors of the library.

100 Years of Coeducation provides a timeline of female history, struggle, activism, and triumph at UVA Law. The exhibit is composed of eight banners, two display cases with artifacts from the law library’s special collections department, and a rolling slideshow of 100 UVA alumnae in the lobby.

100 Years of Coeducation will be on display through the end of September.

Three exhibit banners displayed in a hallway
Three of six banners in the ABA’s traveling exhibit “100 Years After the 19th Amendment.”

The American Bar Association’s traveling exhibit, 100 Years After the 19th Amendment: Their Legacy, and Our Future, will be on display on the 2nd floor of the library from September 1st through 14th.

In conjunction with these exhibits, we asked our female colleagues at the law library to share their voting stories with us. Here are some of their memories:

“Personally, I have to think about (remember….) my first voting experience. More strikingly I remember bringing my two daughters to vote with me in 2016. I think they were most impressed with the sticker afterwards, but I like to think the greater importance of the experience sank in just a little as well.”

Randi Flaherty
Special Collections Librarian

“I grew up in a small town and when I went to vote in my first election, I was known by all the folks working the election. I was a bit intimidated by the ballot machine and worried that I would have to ask for help (why that worried me, I do not know). That evening, per family tradition, we went up to the courthouse to watch them write the vote tallies up on a big board as the counts came in from each precinct.” 

Leslie Ashbrook
Research Librarian

“Growing up, I always loved accompanying my parents to the polls. I took my duty as a kid voter very seriously, less due to my political leanings and more because of the sticker you get afterwards. I even talked to my friends about voting, going so far as to ask for whom they voted (a bold and perhaps inappropriate move). My first legitimate voting experience was in 2008 when Barack Obama won the first time. I don’t recall going to the polls, but I do remember staying up late and watching President Obama’s acceptance speech. As a then junior history major in college, I remember being honored to witness such a significant moment for our nation.”

Meggan Cashwell
Postdoctoral Research Associate

“It’s been a while since my first time voting, so I don’t remember very much! Here’s what I do remember: The first election after my eighteenth birthday was a presidential primary. I’d registered as an independent, but I was excited about being able to vote, so I went in and cast a ballot on some local issues. The poll workers, two older women, were very encouraging and helped make it a positive experience.”

Kate Boudouris
Research, Instruction, and Outreach Librarian

“What I remember about my first voting experience: Sophomore year in college I sat with my absentee ballot for the presidential election and remembered a high school conversation in which a [male] classmate questioned — “is that what you think or is that just what you hear your parents say?” At my dorm room desk I filled in a bubble, wondering if I would have chosen differently in high school and why.”  

Kristin Glover
Research Librarian

“In 2008, I was in 5th grade. My parents used to get the Washington Post, and in the “Kid’s Post” section there was a blank map of the electoral college that readers were encouraged to color in with red or blue as the results came in that evening. I tried to stay up to complete the map, but in the end, I had to go to bed before I could finish it. In 2012, when I was in middle school, election day was a holiday. My orchestra class took the opportunity to fundraise in the school lobby. I wonder now if voters really appreciated amateur string players attempting Pachelbel’s Canon at 6am as they waited in line. I was finally eligible to vote in the 2016 primaries. I remember being nervous for when the poll worker asked for my address, as if I would suddenly forget it. I was incredibly excited to vote after many years of participating in the civic revelry surrounding the occasion.”

Addie Patrick
Special Collections Assistant

Come visit us to learn more about UVA Law’s history of coeducation and about women’s struggle for the vote (and to pick up a free bookmark!).

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Addie Patrick

My name is Addie Patrick and I am a recent graduate of UVA's College of Arts and Sciences, class of 2020. I'm currently serving as a special collections assistant.

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The Making of Marshaling May Days

On June 15, 2020, we launched the Marshaling May Days online exhibit and website, the culmination of over a year of research on the law students who served as legal observers (“marshals”) in May 1970 at UVA. This project represents the official rebirth of the law school’s oral history program, originally spearheaded by Frances Farmer (law librarian from 1942 to 1976 and first female professor at UVA Law). Since then, the law library’s oral history collection has remained dormant, until now. This is the story of how an idea became a year-long research quest, full of inspiration and occasionally disappointment (spoiler: COVID-19). From Boynton Beach, Florida to Aspen, Colorado, I describe here the making of Marshaling May Days. It is my hope that those interested in starting their own oral history projects will find wisdom in our process; both in our successes and in our challenges.

Chapter 1: The Beginning

February 2019—May 2019

Our story begins in early 2019, when Ted Hogshire (Law, Class of 1970) reached out to Special Collections Librarian Randi Flaherty about a pseudo-organization he was involved with fifty years ago at UVA Law: “legal marshals.” In the spring of 1970, protests erupted around the country in response to the Nixon administration’s decision to expand the Vietnam War into Cambodia and as a reaction to the National Guard shootings at Kent State University. The legal marshals, Hogshire explained, were a group of law students, mostly third years, that banded together to ensure the First Amendment rights of student protesters at UVA. He believed the legal marshals played a role in ensuring that UVA demonstrations did not turn physically violent, and as such their story should be told. Further, 2020 would mark the fiftieth anniversary of the Class of 1970.

Randi conducted the first oral history of the May Days Oral History Project that February with Ted Hogshire, and that was that for a couple of months.

At this time, I was a third-year student (in the College) studying abroad in Lyon, France. It was not until I applied for a slew of positions through the Institute for Public History (IPH), including one at the law library, that I became mildly aware of Law Special Collections, though I didn’t get that position. However, in April, Randi emailed me. She was impressed with my oral history experience (I interned with Monticello’s Getting Word and contributed to UVA’s Oral History Initiative, Reflections, the previous summer) and asked if I was interested in breathing new life into UVA Law’s oral history program, starting with Hogshire’s request to interview former legal marshals. Flattered and thrilled, I joined the team.

Chapter 2: The Kneedler Investigation

May 2019—November 2019

While I finished my study abroad experience, Randi sent me a handful of preliminary research materials to familiarize myself with the era. However, my research really began when I returned home. During our initial meeting, Randi and I established two research questions: who were the legal marshals, and what did they do?

To get started, Randi pointed me to the “Papers of the Ad-Hoc Committee on Student Affairs Pertaining to the Student Strike of 1970 [manuscript] 1970” (the “Kneedler Investigation”). Long story short, then-Assistant Dean of the Law School H. Lane Kneedler was charged with conducting an investigation on the facts and key players of the May 1970 strike. During the summer months of 1970, he completed interviews with undergraduate and law students and compiled heaps of legal precedent. At the request of President Edgar Shannon, a final report was never produced.

I requested a digital scan of the investigation, which our friends at Small Special Collections gladly fulfilled. That summer, I read through the Kneedler Investigation, the Cavalier Daily, the Charlottesville Daily Progress, an invaluable pictorial account of the May strike (May Days: Crisis in Confrontation), and one student’s thesis from 1977. I compiled every name I came across into an Excel spreadsheet, which I then color-coded based on if the individual was arrested, a law student, or a legal marshal (or, as I found, all three!).

We decided early on that we wanted to focus on third-year legal marshals so that we could present our research in the form of a physical exhibit at their 50th reunion in May 2020. We separated out the 3L legal marshals from the rest, created a new tab in the Excel sheet, and produced a running list of potential oral history interviewees.

Chapter 3: Is this thing on?

November 2019—March 2020

This stage of the process was critical for two reasons: 1). Meggan Cashwell joined our team, gifting us with her oral history wisdom and editing skills, and 2). It was time to fulfill Ted Hogshire’s wish and get out there and interview his colleagues.

To make this happen, we sent emails, made phone calls, and even sent physical letters to everyone on our legal marshal list describing the project and our goals. While we waited for responses, Meggan, Randi, and I worked to develop a list of interview questions that we could send to our interviewees in preparation for a formal interview. We also reached out to other oral history, public history, and storytelling organizations for advice on best practices and methodologies, including JMU’s oral history team, Monticello’s Getting Word, UVA’s Reflections, The Museum of Durham History, and WTJU 91.1. Over the next few weeks, responses started to trickle in. We heard back from Bob Olson, who was willing to do an interview but was currently in Aspen, Colorado for the winter. We heard from Dan Sullivan, who was in Boynton Beach, Florida. And we heard back from a handful of others who were still practicing law in the DC area. Despite the distance, we were determined to conduct as many in-person interviews as our timeline and budget would allow.

February 2020 was full of travel for the oral history team. Randi, Meggan, and Micheal Klepper (our videographer) journeyed from the snowy peaks of Aspen to the sandy shores of Boynton Beach. I stayed behind to finish up my schoolwork, but had the chance to travel to Winchester, Virginia to meet former legal marshal Gerald MacFarlane. In each case, our interviewees graciously welcomed us into their homes and offices and spoke with us for about an hour, reminiscing on “those days in May.” They shared their ruminations and reflections with us, and in return we helped to shake the dust off some of their memories through the presentation of our research.

As we neared the end of February, we only had a few interviews left to conduct. We were set to proceed with them after my spring break in early March, and then we would begin pulling together a physical exhibit to present to the Class of 1970 during their reunion in May.

Everything was going swimmingly until, of course, COVID-19 gobbled up our plans and the end of my fourth year like a greedy shark.

Chapter 4: You’re muted. Your microphone is muted!

March 2020—May 2020

I found out that I would not be going back to school near the end of spring break.

I returned to my apartment in Charlottesville and transitioned to classes online. The May Days Oral History Project continued. We met virtually via Microsoft Teams. We conducted three interviews on Zoom with four individuals (Ed Finch, Frank McDermott, H. Lane Kneedler, and Jim Carpenter). We continued to upload our interviews to otter.ai, a transcription service, and some of our staff set about correcting the transcripts for our collections.

Then, near the end of March, it became clear that everything was going to be canceled for the rest of the semester, including the Class of 1970 reunion.

We quickly determined that we still needed to present our research and decided on making an online exhibit in the form of a website. Inspired by his work on the SCOS Archive and Charlottesville Statues, we enlisted Loren Moulds to create a stellar site.

All that was left to do was figure out how we wanted the site to look, write the content, edit the content, finish the transcripts, find and create all media, cite all our sources, and put it together by the end of May. Piece of cake.

Chapter 5: Let’s build a website!

May 2020—June 2020

We knew we wanted a timeline element and a map. We envisioned a site which allowed users to jump around the timeline, as opposed to scrolling through in a linear way. As users clicked around to different points on the timeline or map, text and images would pop up to match the event. We split the work: Meggan would write the exhibit content, I would find pictures and plug it into StoryMap, and Loren would incorporate the exhibit into a larger website.

The preliminary sketches looked like this:

Once the content was complete, I created Prototype 1 of the exhibit:

Technically, it had everything we wanted (map, pictures, timeline), but it did not feel like a modern museum exhibit. We found ourselves frustrated with what this version of StoryMap couldn’t do. We could do better.

I did a little more research, and created Prototype 2:

This version was cleaner. It felt more like a website from this century. However, we were unable to incorporate audio clips into the text panel without linking to an outside video player. It was time for the third and final Prototype, which you can see in its full glory at the Marshaling May Days website.

Now that we settled on our format for the exhibit, it was time to edit the content. We had multiple edit sessions for each page of the site to ensure that every link worked, every photo was clear and cited properly, and that the text made sense. Multiple days spent editing content whilst in quarantine turned my notebook into a doodle-y mess…

…but made my roommate’s cat very content.

During the editing period, we enlisted a few library staffers and are incredibly thankful that they momentarily stepped away from their own projects to provide a fresh set of eyes to ours.

As we prepared to launch our site amid ongoing Black Lives Matter demonstrations, we decided to delay the site’s release in order to take a step back and reflect on the work we had completed. We thought about the privilege the legal marshals held never to fear for their lives or safety during the demonstrations they attended or during their brief interactions with police. We changed the ending of our exhibit to speak to the role that UVA student activists have played in demanding greater systemic change and demographic representation both in the College and in the law school. 

Conclusion: The actual, satisfying, gratifying end (for now)

June 2020

Despite the May Days madness, the law library made time to celebrate their graduating interns: Maeve Harris (bottom left), Addie Patrick (bottom center), Sarah Houston (not pictured), and Sara Garcia-Pretelt (not pictured).

The website is now live, and we are, again, so grateful for all the individuals who helped to make it happen, including our interviewees, our text editors, and our friends and family that did not shy away from providing their own critiques of the site.

In the immediate present, we will host a “Zoom Reunion” for our interviewees on June 23rd and invite them to reminisce together. We anticipate the moment we can see them in person during the combined Class of 1970/1971 reunion in May 2021.

In the future, we will be expanding our oral history collection to include a diverse set of voices. We will incorporate relevant interviews into the May Days website. We also plan to include a photo gallery so users can thoroughly explore the law library’s collection of May Days photographs.

We shift now to the centennial anniversary of women at UVA Law, and are excited to prepare programming to mark the occasion.

 To round out the legal marshal story, I will share one final reflection:

National Lawyers’ Guild Legal Observers. Wikimedia Commons.

I’ve attended two of the Black Lives Matter demonstrations in Charlottesville so far and noticed a handful of students standing around the edges, wearing neon green hats. Upon further inspection, those hats read “National Lawyers’ Guild Legal Observer.” I learned that UVA Law has their own chapter of the NLG. Seeing those individuals patrol the perimeter of the demonstration, recording their observations into their phones and small notebooks, I felt as if I had stepped into my research.

Time ticks forward, generations age and begin anew, but the power of protest lives on.

A legal marshal monitors a crowd of UVA students at a rally on May 6, 1970. David M. Skinner, Albert and Shirley Small Special Collections Library, University of Virginia.

Written by

Addie Patrick

My name is Addie Patrick and I am a recent graduate of UVA's College of Arts and Sciences, class of 2020. I'm currently serving as a special collections assistant.

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Liberation Day in Charlottesville

On March 3, 1865, an enslaved woman named Jane set off from her home—the Sunnyside property on which the University of Virginia law and business schools now sit—and watched the Union Army march into Charlottesville. Following this arrival of the Union troops, Jane liberated herself from slavery. [1]

At Sunnyside, Jane labored as a cook. In 1865, she was in her mid-30s or early-40s and had been enslaved by the Duke family since 1859. That year, Jane had been put up for sale on the green by Court Square, the city’s site for slave auctions. Facing imminent sale to traders, Jane advocated for herself there on the green and convinced R.T.W. Duke Sr. to purchase her bondage for $1000.[2]

Jane was a skilled cook. In 1863, the Duke family moved to Sunnyside at a moment of severe wartime food scarcities. Jane “deftly” concocted stews, hash, and soups that winter from the weekly ration of beefshead.

On March 3, 1865, as the Union army under General George Armstrong Custer marched into Charlottesville, Jane ran towards the music of the Union band when it drifted across to Sunnyside.[3] She was joined by two other enslaved people from Sunnyside, including ten-year-old Caesar, as well as eleven-year-old R.T.W. Duke Jr. The group made their way up and over UVA’s modern-day intramural and softball fields. Onward towards the “martial music,” they eventually perched themselves on a hill behind the property of Andrew Brown, likely the current site of the John Paul Jones Arena or the hill above Lambeth Field.[4]

Map of Charlottesville
Map of Albemarle County, 1875, Library of Congress. Showing location of Sunnyside, the Brown property, the University of Virginia, and the route of the Union Army into Charlottesville. Digital copy available: http://hdl.loc.gov/loc.gmd/g3883a.la001200

From her post, Jane saw the long line of Union cavalry—column after column—march into town from Ivy Road and up toward Carr’s Hill. The group watched in silence. R.T.W. Duke Jr. recalled feeling “horror & rage” at the “great blue snake.”[5] He imagined the rest of his observation party, all enslaved, watched in similar awe. For them, though, the feelings were likely quite different, even if complicated. No direct account of their reaction remains.

Shortly thereafter, Jane liberated herself from slavery and the Duke family. She was the first of the enslaved community to leave Sunnyside. Jane had departed the Dukes by the time R.T.W. Duke Sr., a Colonel in the Confederate Army, returned home after Appomattox. She may have left Charlottesville more immediately as part of the large group of free African Americans that followed the Union army out of town on March 6, 1865. In that train, according to one Union cavalry soldier, Jane would have joined other free African Americans “old and young, male and female, trudging through mud and water, animated with the thought of freedom.”[6]

As a free woman, Jane turned her cooking skills into a livelihood. In the postwar period, the Duke family heard news that Jane was living in New Jersey and working as a cook at an impressive salary.[7]

Our location on North Grounds, in the hills of the former Sunnyside property, was the setting for Jane’s bondage, as well as her liberation. Both required fortitude. Today, Charlottesville observes Liberation and Freedom Day on the 155th anniversary of the Union Army’s arrival in the city and the beginning of the liberation of the Charlottesville’s enslaved community. We honor Jane on this day.

 

Notes:

This post builds on Amalia Garcia-Pretelt’s summer 2019 research into Sunnyside and the enslaved community there.

[1] The University of Virginia purchased the Sunnyside property from the Duke family 1963. The Sunnyside house still stands and is owned by UVA. For information on Jane, this post draws on the Recollections journal of R.T.W. Duke Jr., a boy in the Duke family that enslaved Jane at Sunnyside. Duke penned his Recollections beginning in 1899 (cited hereafter as Recollections, Volume: page). For Jane running to see the Union Army, see Recollections, 1:214. Elizabeth Varon has recently written on Duke Jr.’s ideas of slavery and the “lost cause” narrative. Elizabeth Varon, “UVA and the History of Race: The Lost Cause Through Judge Duke’s Eyes,” UVA Today, September 4, 2019. https://news.virginia.edu/content/uva-and-history-race-lost-cause-through-judge-dukes-eyes

[2] Jane was likely the thirty-one-year-old mulatto woman associated with R.T.W. Duke Sr. in the 1860 federal Slave Schedule. For the Court Square episode, see Recollections, 1:20. R.T.W. Duke Jr. provided his remembrances of the enslaved community in the Duke household in Recollections, 1:17-27.

[3] R.T.W. Duke Jr. recalled this date as March 9, 1865 in his journal, but the correct date is March 3, 1865. Recollections, 1:214. For an account of the Union army’s arrival in Charlottesville, see Brendan Wolfe, “The Union Army Occupation of Charlottesville (1865),” Encyclopedia Virginia, October 28, 2019, https://www.encyclopediavirginia.org/Union_Occupation_of_Charlottesville_1865#start_entry.

[4] Recollections, 1:214. Andrew Brown owned the property adjacent to Sunnyside, and his “Rugby Hall” home still exists at 908 Cottage Lane, just off modern-day Rugby Road. Historic Charlottesville Tour Book (Charlottesville, VA: Albemarle County Historical Society, Inc., 2002), 81, https://www.jmrl.org/ebooks/Historic%20Charlottesville%20Tour%20Bo.PDF.

[5] Recollections, 1:141.

[6] Frederic Denison, Sabres and Spurs: The First Regiment Rhode Island Cavalry in the Civil War, 1861–1865 (Central Falls, Rhode Island: The First Rhode Island Cavalry Veteran Association, 1876), 441–444, available at Encyclopedia Virginia: https://www.encyclopediavirginia.org/_quot_Sheridan_apos_s_Raid_quot_an_excerpt_from_Sabres_and_Spurs_by_Frederic_Denison_1876. Recollections, 1:20.

[7] Recollections, 1:20.

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Randi Flaherty

Randi Flaherty is the Special Collections Librarian at the Arthur J. Morris Law Library. She is an early American historian with a focus on foreign maritime commerce in the early American republic.

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Library Acquires Jefferson Letter on Law School’s Founding

Just months before he died, Thomas Jefferson completed one of his last tasks in the project to establish the University of Virginia: the selection of the University’s first law professor. In an April 1826 letter recently acquired by the UVA Law Library, Jefferson wrote to members of the University’s Board of Visitors that John Tayloe Lomax had accepted the professorship of law and would commence law classes in July 1826.

Early this summer, the Law Library was alerted to the letter’s upcoming auction at Sotheby’s. Prior to its sale at Sotheby’s, the letter had once been part of the James S. Copley Library, a large private collection of American manuscripts, books, pamphlets, broadsides, and maps. As a circular letter to the Board of Visitors, Jefferson wrote, signed, and sent copies to every member of the Board. The New York Public Library holds James Madison’s copy in its collections; the Albert and Shirley Small Special Collections Library at UVA holds the copy sent to Joseph Carrington Cabell. Based on markings on the UVA Law Library’s newly acquired letter, we believe that this is the copy sent to James Breckenridge.

The Law School Opens

Jefferson’s letter is an important institutional record in its own right, but its significance becomes more apparent in the context of other sources from the same time period. Based on further research, we know that the letter marked the end of a prolonged search for the University’s first law professor, during which Jefferson and Madison had scrutinized the credentials, elocution, and politics of numerous candidates. Their stringent criteria—must be a devoted patriot, a native Virginian, a legal philosopher more than a “common-place” lawyer, and an effective public speaker—coupled with the difficulty of convincing established jurists to move to central Virginia, resulted in the law chair remaining unfilled when University classes began in 1825.[1] Finally, in this April 1826 circular letter to members of the Board of Visitors, Jefferson announced Lomax’s hiring and the much-anticipated opening of the new Law School.

As with other aspects of UVA’s founding, the University’s historical relationship with slavery underlies the newly acquired letter and gives perspective to our understanding of the document. The opening of the Law School depended on the labor of enslaved people. Lomax’s own undergraduate education had been funded by his uncle, John Tayloe III, one of the largest slaveholders in Virginia at the time. Twenty-six male students, most from slaveholding families, formed Lomax’s first law class. Law lectures were held in Pavilion III, which had been built in large measure by enslaved laborers.[2] As the letter joins other primary sources in UVA archives, it offers the opportunity, in line with ongoing initiatives at the University of Virginia, to investigate and tell a full story of the University’s founding, particularly the founding’s deep connections to slavery.

Thomas Jefferson's architectural plans for Pavilion III
Thomas Jefferson’s elevation and floor plan for Pavilion III, Albert and Shirley Small Special Collections Library, University of Virginia

Teaching the Law

After assuming his professorship, Lomax implemented the law school’s early curriculum, which comprised two year-long sessions: legal procedures in the first, for those entering practice after one year’s preparation, and principles of law in the second. Eschewing Jefferson’s preference for Sir Edward Coke, Lomax taught Sir William Blackstone’s Commentaries to first years for its “general map of the law,” followed by additional assigned texts. In the classroom, he “rigidly and critically” examined the students upon their readings “every other day.”[3]

During annual examinations, students submitted written answers to a committee of University faculty for review. Below are actual Law School questions from 1829.

  Public Examination, School of Law, 1829[4]

1.  What are the ages at which male and females are competent to different legal purposes? Viz.

Males. To take oath of allegiance? When at years of discretion to marry? To choose a guardian? To make a testament of personal estate (by the common law? By Act of Assembly)? To be an executor? To aliene land?

Females. To be betrothed? To be entitled to dower? When at years of discretion to consent or disagree to marriage? To bequeath personal estate? To choose a guardian? To be an executrix? To dispose of herself and land?

2. What four requisites are necessary to make a tenancy by curtesy?

3.  Of what two sorts is the remedy for false imprisonment? What are the four means which may be employed (at common law) for removing the injury? And which of them is now the most usual and effectual means in all manner of illegal confinement? What is the remedy by way of satisfaction of the injury?

The Jefferson letter will now be part of the Law Library’s Special Collections and Archives. Interested researchers should contact archives@law.virginia.edu.

 

[1] For examples of Jefferson’s and Madison’s correspondence regarding the law professorship search, see Jefferson to Breckenridge (“the appointment should not be given to a mere common-place lawyer”), 22 December 1824; Madison to Jefferson, 31 December 1824, 1 February 1825, and 4 August 1825. See also James Ambuske and Randall Flaherty, “Reading Law in the Early Republic: Legal Education in the Age of Jefferson,” in The Founding of Thomas Jefferson’s University, eds. John A. Ragosta, Peter S. Onuf, and Andrew J. O’Shaughnessy (Charlottesville: University of Virginia Press, 2019).

[2] For a biography of Lomax and the financial support he received from his uncle to attend St. John’s College in Annapolis, see E. Lee Shepard, “John Tayloe Lomax,” in Legal Education in Virginia 1779-1979: A Biographical Approach, ed. W. Hamilton Bryson (Charlottesville: University of Virginia Press, 1982), 359; For John Tayloe III as one of the largest Virginia slaveholders in this time, see Richard S. Dunn, “Winney Grimshaw, a Virginia Slave, and Her Family,” in Early American Studies: An Interdisciplinary Journal 9, no. 3 (2011): 495; For a list of the first law students, see A catalogue of the officers and students of the University of Virginia Second session, commencing February 1st, 1826 (Charlottesville: Chronicle Steam Book Printing House, 1880); For the role of enslaved laborers in the construction of the UVA lawn buildings, the African American community at the University, and the University’s connection to slavery more generally, see The President’s Commission on Slavery and the University, Report to President Teresa A. Sullivan, 2018.

[3] See Lomax’s 1829 outline of the Law School curriculum in “University Intelligence,” The Virginia Literary Museum and Journal of Belles Lettres, Arts & Sciences &c., August 5, 1829.

[4]University Intelligence: Public Examination,” in The Virginia Literary Museum and Journal of Belles Lettres, Arts & Sciences &c., September 9, 1829.

Written by

Randi Flaherty

Randi Flaherty is the Special Collections Librarian at the Arthur J. Morris Law Library. She is an early American historian with a focus on foreign maritime commerce in the early American republic.

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Your Legal Rights as a Woman: A Handbook for Virginians

Five years after the University of Virginia Law School began offering a “Women and the Law” course, which was supervised by two male professors in 1972, the Virginia Law Women (VLW) embarked on an extraordinary project. Six members of the group—Joan Kuriansky, Susan Buckingham Reilly, Diane Pitts, Jackie Blyn, Diane Smock, and Tracy Thompson—researched and wrote a legal handbook for women in Virginia titled Your Legal Rights as a Woman: A Handbook for Virginians (1977). Modeled on a handbook created by the North Carolina Law School Women, the text was, as the introduction stated, “written by women for women who want the law to work for them…Today we have many more rights than we had even five years ago. But unless we are aware of these rights we cannot exercise them” (VL141 .Y817 1977). The handbook, funded by the Virginia Commission on the Status of Women, was written in lay terms and explained Virginia laws concerning marriage, divorce, adoption, property rights, insurance, taxes, employment, social welfare programs such as Medicare and worker’s compensation, birth control, abortion, the criminal justice system, and gay rights. It also included a section on the Equal Rights Amendment (ERA) which had been approved by Congress in 1972 and was awaiting the requisite 38 states to ratify it into law at the time. In concert with consciousness-raising movements and projects across the country in that historical moment, the text made women conscious of the rights they were entitled to and the wrongs they suffered on account of their gender.

A stack of letters in a manila folder.
A stack of the many letters received by VLW requesting copies of the handbook.

While the Virginia Law Women distributed the handbook locally to libraries, organizations, agencies, alumni, and faculty, the Virginia Commission on the Status of Women distributed the bulk of the copies across the state. In the VLW manuscript collection here at Law Special Collections, one folder brims with requests for the handbook at the time of its publication. Dozens of women who read about the handbook in the newspaper wrote and asked for copies. Several stated that they planned on using the handbook to help them through their divorces. One high schooler even asked for the handbook as research for a paper on the ERA. The group received requests from rape crisis centers, women’s prison projects, libraries, law schools, the American Association of University Women (AAUW), the ABA, the National Organization of Women (NOW), the Women’s Law Coalition, and Legal Aid. The combination of the handbook’s popularity and the significant changes in laws applicable to women in this period resulted in revised editions in 1979 and 1984. In the second and third editions, new sections were added to reflect changing laws, such as Title VII, Title IX, establishing credit, mental health, and domestic violence. In addition to the revised editions, the VLW taught a local continuing education course on the handbook in 1980. While the handbook did not address everything (the absence of a discussion about the legal implications of American racial inequality is noticeable), it served as a much-needed resource for women across the state.

The most revised and debated section of the handbook was the section on the ERA. The VLW originally planned to openly advocate for the ERA in the first edition, but they deleted that paragraph, deciding simply to describe the amendment and its potential impact because their funder, the Commission on the Status of Women, asked them to remain “politically neutral” (VL16. L425L c.1). The second edition was delayed because the Commission asked them to remove the entire section on the ERA. The VLW objected, citing the copyright in their name and declaring the issue of the ERA “vital to the women of Virginia” (RG 209-82). The Commission eventually withdrew their request and the subsequent editions not only included a section on the ERA but a section that was longer than the original. While the ERA was not originally a partisan issue (it has appeared in the platforms of both the Republican and Democratic parties), the Commission’s anxieties about it have made me wonder whether they knew the story of the woman in the photograph on the front cover of the first and second editions. The photograph was of British suffragette Mary Leigh in her Women’s Social and Political Union (WSPU) uniform. Leigh was famous for throwing a hatchet at Prime Minister Asquith in 1912, among other militant activities.[1]

I’d like to end this post by reflecting on how these handbooks serve as a historical record of change. My own research focuses on women, politics, and property rights in eighteenth-century literature. I have spent more days than I can count poring over pamphlets about women’s legal rights, law books, and case documents from the seventeenth, eighteenth, and nineteenth centuries. I inevitably came across the word “dower” in most of them. I never expected to come across that word in all three editions of Your Legal Rights as a Woman: A Handbook for Virginians. I was shocked that dower, a widow’s right to a life estate in one-third of her husband’s real property which came into being sometime around 1310, appeared in a legal handbook for women in the late twentieth century.[2] Upon further research, I discovered that dower was not abolished in the state of Virginia until 1990. I discovered that the topic of my last blog post, the law of necessaries—an integral element of coverture—was the law in Virginia until 1983 when the state Supreme Court declared it unconstitutional under the 14th amendment.[3]  Finally, I discovered the word “coverture”—the common law doctrine that rendered husband and wife legally one person after marriage, which required the husband to act as representative for them both and which stripped the wife of many legal rights—still appears in the Virginia state code in two places. The first place is section 55-35, a statute that reflects the Married Women’s Act of 1877, which enabled women to hold and dispose of property as if they were single women and declared that the wife’s property was not liable for her husband’s debts.[4]

The second place is section 55-38, a statute that states the wife’s right of entry into land cannot be barred by judgments during or after her husband’s lifetime.[5] Ironically, the word “coverture” appears in statutes that recognize women as legal persons independent of their husbands. In fact, these sections are scheduled to be repealed in October 2019 and replaced by revised sections that continue to use the word “coverture.” This means that the word “coverture” has been a part of Virginia law since the colony’s founding over 400 years ago and still is to this day.[6] To me at least as a scholar, the appearance of “coverture” in the state code raises the question of whether it was ever really abolished, or if it was simply reformed and remains part of our legal framework. Even though dower and coverture might seem like antiquated legal tools that we rightly dismissed long ago in the name of equity, they recently informed, and in the case of coverture may still inform, the way women are treated under the law in Virginia. These legal relics are one of the reasons why women would still find a handbook like this one useful today.

 

For more on the Virginia Law Women, see our collection (RG 209-82 and RG 209-2010) as well as the three handbooks (VL141 .Y817 1977, VL141 .Y817 1979, and VL141 .Y817 1984).

[1] Fern Riddell, “ Suffragettes, violence, and militancy,” British Library, 6 February 2018, https://www.bl.uk/votes-for-women/articles/suffragettes-violence-and-militancy.

[2] Marylynn Salmon, Women and the Law of Property in Early America (Chapel Hill, NC: University of North Carolina Press, 1986), 144.

[3] See Va. Code Ann. § 55-37 (2012) and Mark S. Brennan, “The New Doctrine of Necessaries in Virginia,” University of Richmond Law Review 19 no. 2 (1985): 317–330.

[4] Va. Code Ann. § 55-35 (2012).

[5] Va. Code Ann. § 55-38 (2012).

[6] After October 2019, see Va. Code Ann. § 55.1–200 (Supp. 2019) and Va. Code Ann. § 55.1–203 (Supp. 2019).

Written by

Kelly Fleming

Kelly is a Curatorial Assistant at the Arthur J. Morris Law Library Special Collections. She is also a Lecturer in the English department at the University of Virginia, where she earned her PhD in 2019. Her research focuses on the relationship between eighteenth-century British literature, women's property rights, politics, and material culture.

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Life at the Time: Photo Collection of the University and Charlottesville in the 1970s

In May 2018, UVA Law Special Collections purchased a small collection of photographs of UVA in the 1970s, including one contact sheet of Libel Show images, from an eBay vendor. When the collection arrived, we discovered that the seller had included three additional boxes of UVA-related negatives and photographs. Special Collections Assistant Sara Garcia-Pretelt has completed an initial inventory of this collection, and she describes here some of her most interesting discoveries.

The UVA Law Library’s newly acquired UVA/Charlottesville Photograph and Negatives Collection is comprised of images of the University of Virginia and the greater Charlottesville area during the late 1960s through the early 1970s. Among the photographs, contact sheets, and negatives found in this collection are scenes of student life, iconic Charlottesville landmarks, and important historic events.

The Law Libel Show: April 18, 1975

A long-standing UVA Law School tradition, the annual Libel show displays law students’ creativity and humor through skits and musical numbers. These photos were taken on April 18, 1975 for the production titled “A Sale of Two Cities or Salooney Tunes.” The law school student newspaper reported that the show “delighted crowds and embarrassed a few professors” (Virginia Law Weekly, 1975). Pictured below on the left is a student performing as “Charlie Blackbread” and pictured on the right is an unidentified law student actor.

Student Protests: May 5, 1970

The following photos were taken by various photographers during the May 1970 UVA student protests following the Kent State shootings and President Nixon’s announcement that US troops would be sent into Cambodia. A number of UVA Law students served as student marshals during these multi-day protests. Photographer Rip Payne captured scenes of the Virginia State Police preparing to address the student protests. Pictured are officers gathered outside of the Downtowner Motor Inn (later the Cavalier Inn) at Emmet and Ivy Roads and two officers with a police dog. On May 8, 1970, during a “honk for peace” student rally outside the Rotunda, the Virginia State Police enforced the 1968 Virginia riot act, charged the demonstration, and arrested 68 people. In his photograph titled “Lawn Arrest,” photographer Jim Carpenter documented police officers arresting a student on UVA grounds. Photographer John M. Atkins, Jr. captured in his photograph titled “Marshal,” a law student attempting to negotiate with a police officer about the arrest of another law student at the door of the Mayflower van, which the Virginia State Police used to transport arrestees to the Charlottesville police station. The band tied around the student’s arm signals his role as a legal marshal to keep the peace during the student protests.

UVA Grounds and Student Life ca. 1970

Also in this collection are images of iconic UVA landmarks such as the Corner and the Lawn in the 1970s. Pictured below is University Avenue just outside of Mincer’s Pipe Shop (now known as Mincer’s) where students and professors cross over onto Grounds. Today, the Corner’s crosswalks are infamous for the students that cross with no regard for oncoming cars as they rush to classes and meetings. Nearly 50 years later, these images still capture what it is like to live and study at UVA.

The Sports Scene

As the ‘Hoos advance to the Final Four for the first time since 1984, students today are hoping for redemption for Tony Bennett’s principled and impressive team. Of relevance in this photograph collection are images of UVA men’s basketball games in the Spring of 1975, such as this photograph featuring star players Mark Iavaroni and Wally Walker playing in U-Hall.

Graduation

While most of this collection showcases student daily life, it also documents more significant moments like graduation. A symbolic UVA tradition, graduation on the Lawn is the culmination of students’ hard work over the last four years. Pictured below are families gathering on the Lawn by Old Cabell Hall to support their graduating students, while the Rotunda looms in the distance.

Unlike most of our digital collections, these images are presented under the fair use doctrine or with permission from the copyright holder, not under a Creative Commons license. Researchers can review the full collection of photographs and negatives at Law Special Collections on the third floor of the UVA Law Library.

Email: archives@law.virginia

Phone: 434-924-3023

Web: http://archives.law.virginia.edu/

Written by

Sara Garcia-Pretelt

Sara Garcia-Pretelt is an undergraduate student at the University of Virginia studying French and Sociology. She currently works as a Special Collections Assistant at the Arthur J. Morris Law Library.

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Alumnus Profile: Napoleon Breedlove Ainsworth, Lawyer and Choctaw Nation Official

In recognition of National Native American Heritage Month, this post highlights UVA Law alumnus Napoleon Breedlove Ainsworth, a member of the Choctaw Nation and a law student from 1881 to 1882.

Napoleon B. Ainsworth, printed in Leaders and Leading Men of the Indian Territory (1911), 106.

Ainsworth, a citizen of the Choctaw Nation, was born on February 26, 1856 in Skullyville, Oklahoma, part of Indian Territory. At age fifteen, he enrolled in Roanoke College in Salem, VA. According to Ainsworth’s 1885 testimony before a Congressional committee on “The Condition of Certain Indian Tribes,” the Choctaw government sent a group of students each year to universities and supplied them with stipends. Ainsworth was such a student, and he attended Roanoke College on a scholarship funded through Choctaw coal mining. He graduated from Roanoke in June 1880 with the Orator’s Medal and then enrolled in the University of Virginia for the 1881–1882 term to study law.

UVA School of Law, Catalogue of Students, 1881-1882. Ainsworth was the first UVA Law student to provide a residence location in Indian Territory.

Since a JD was not required to pass the bar at that time, this single session at UVA was enough for Ainsworth to pursue the career he already had chosen as a practicing lawyer. Prior to returning home to the Choctaw Nation, Ainsworth married Emily Thompson in Roanoke, and they eventually had three children, Ben P., Helen, and Agnes. Upon his return, Ainsworth was appointed draftsman for the Council of the Choctaw Nation by Chief Jack McCurtain. He then served as National Weigher at McAlester, in Indian Territory, for three years, before resigning in order to focus on his law practice. Following the death of the National Auditor, Ainsworth was appointed to that position, and then in 1887, he was reelected to fill the same office for a second term.

In 1889, Congress established the United States Court in Indian Territory. Ainsworth became a noted member of the bar of this Court, which held jurisdiction over civil cases between persons residing in Indian Territory and citizens, states, or territories of the United States. He remained active in the affairs of the Choctaw government until he died on August 20, 1922.

The law establishing a United States Court in Indian Territory (links to the full text).

Written by

Kelly Fleming

Kelly is a Curatorial Assistant at the Arthur J. Morris Law Library Special Collections. She is also a Lecturer in the English department at the University of Virginia, where she earned her PhD in 2019. Her research focuses on the relationship between eighteenth-century British literature, women's property rights, politics, and material culture.

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A Weekend of Reflection

On the anniversary of last year’s neo-Nazi and white supremacist marches, we’re thinking about the ways in which the law school community has acted to promote justice in the past, the ways in which we can do more to promote justice in the present, and the library’s special role in preserving evidence of today’s struggles for future generations. We’ve selected several photographs from our archives that show some of the ways our students have engaged over the years with issues of justice, equity, and ethics. We hope that this weekend will provide an opportunity to reflect on the past year and recommit ourselves to working for a more just society.

1969

Representatives of the Law School’s Legal Assistance Society meet with government officials to oppose legislation giving governors a veto over legal services programs. (L-R): Office of Economic Opportunity Director Donald Rumsfeld, President’s Special Assistant on Urban Affairs Daniel P. Moynihan, Dean Paul E. Miller of Howard University Law School, Legal Assistance Society Projects Director Daniel D. Sullivan, and unidentified persons. See VLW December 11, 1969.

1970

Student protest
Students participate in a demonstration against the American invasion of Cambodia and the tragic slaying of students by National Guardsmen at Kent State University in 1970. During the protests, some law students wore armbands identifying themselves as “legal marshals” available to inform other students of their rights.

1985

Student speaks with migrant worker
First-year law student Karl Racine talks to migrant worker Sene Lanoix as part of the Legal Assistance Society Migrant Farm Workers Project, 1985. See VLW, November 1, 1985.
Student protest
Students protest the South African policy of apartheid, 1985.

2017

Candlelight vigil
Community members gather in response to neo-Nazi and white supremacist marches, 2017.

 

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Arthur J. Morris Law Library

The Arthur J. Morris Law Library is the home of research for students and faculty at the University of Virginia School of Law.

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Remembering Gordon Hylton

I didn’t know Gordon Hylton long, but I worked with him enough to know that, as a scholar, he lived in avid pursuit of the facts. Ask him a question about Robert F. Kennedy’s law school days, and he would write you a detailed memo. Ask him when UVA Law awarded its first L.L.B. degree, and he would head straight to the archives. And then write you a detailed memo.   

With Gordon’s passing last week, I am grateful to have known him as a scholar, even for the short time that I did. Earlier this year, Gordon and I both found ourselves researching the topic of UVA’s desegregation. I had written up some research and, thinking that Gordon might have insights from his own work, I sent it to him for comment. He was gracious in telling me that I had discovered information that was new to him. Then came the memo of his interpretive differences. Facepalm.

Over the next months, in a series of spirited conversations, we debated, we listened, and we defended our points of view. It drove me crazy. But, this was the stuff of being a historian, so I loved it. Gordon and I maintained our interpretive differences, undeterred, but with a deeper understanding of the era and of the people whose lives composed this history. At the end of the day, we shared with each other that our conversations had helped us more than anything else to clarify our thinking on this particular topic. Working with Gordon cemented for me that there are no throwaway sentences when you are writing history. Every piece of information or interpretation you present is a claim about someone’s life, a real person’s life, and there is responsibility there to get it right. 

This week I read with interest about Gordon’s life, and I wondered what else I could learn about him with a new dive into the archives, both here at UVA Law and at Oberlin College, his undergraduate alma mater. Here are some highlights:

-Gordon played for the baseball team as an undergraduate at Oberlin in 1973.  One description in the school newspaper called him the “undeniable Virginian” and noted his “cool ease”:

“Baseball team crushes Kenyon, splits Heidelberg doubleheader,” The Oberlin Review, 8 May 1973, Courtesy of the Oberlin College Archives.

 -Gordon was, in particular scenarios, a man of few words. In 1972 at Oberlin he ran for Student Senate. While other candidates published 500-word campaign pitches, Gordon was succinct: “I think that the student senate do as little as is necessary.”[1]

Gordon Hylton, Oberlin College 1972 Yearbook Photo, Courtesy of the Oberlin College Archives.

-Many know that Gordon co-founded the North Grounds Softball League when he attended UVA Law as a student in the late 1970s. Did you also know that his nicknames at the time included giant of jockdom, Intramural Czar, and “Give-em-hell” Hylton?[2]

-Law Special Collections recently discovered a series of photographs in our archive that show just how at home Gordon seemed to have felt on the softball field (pictured here at a 1978 NGSL game presided over by then-MLB Commissioner Bowie Kuhn). Gordon’s the one with the beard:[3]

I will take what I have learned about Gordon this week and smile. I will also value the time that I had with him as a scholar. I am sure he will be present somehow when I footnote that next chapter, even when he is not there with a detailed response memo. I will continue to think deeply about the lives that make up history and find insight in debate.

-Randi Flaherty

• Thanks to the Oberlin College Archives for permission to use the yearbook image and newspaper article above.

•Special recognition goes to Law Special Collections staff member Ryan Donaldson, who poured through 18,000 unidentified photographs and discovered new images of Professor Hylton.

 

Banner image: Virginia Law Weekly staff, 1977, Barrister, UVA Law Special Collections.

[1]Special Senate Election Section,” The Oberlin Review, March 21, 1972. 

[2] Virginia Law Weekly, 9 December 1975 and 1 October 1976.

[3] Records of Virginia Law Weekly, UVA Law Special Collections, CCBY Image courtesy of Virginia Law Weekly and the University of Virginia Law Library.

Written by

Randi Flaherty

Randi Flaherty is the Special Collections Librarian at the Arthur J. Morris Law Library. She is an early American historian with a focus on foreign maritime commerce in the early American republic.

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Advancing Legal Research at UVA Law

This week concludes another semester of Advanced Legal Research at UVA Law.  A new crop of students stands ready to tackle the legal puzzles of case law, business, and legislation that they will face as practicing attorneys.  Teaching legal research methods has been one of the law library’s long-standing contributions to the law school curriculum.  Here we look back at the teaching of legal research at UVA Law over the past 100 years.

In the 1910s, first year law students took Legal Bibliography and Brief Making as a required course in their first term for “an intimate acquaintance with law books and skill in their use.” (UVA Law Catalogue, 1915-1916).  Here is the class’s exam from March 1919.  How would you fare?

1919 Examination in Legal Bibliography and Brief Making, Sutton Collection, Law Special Collections

 

Books were everything in Legal Bibliography and Brief Making in the 1920s, as the class notes of Phillip Burks (Law class of 1928) reveal.  Excerpt: “To meet the needs of lawyers, ‘selected cases’ of the various states have been published- they are known as American Decisions, 100 vols. to 1865- they contain valuable annotations.”

Notes for Legal Bibliography and Brief Making, Phillip Burks (Class of 1928), Law Special Collections

 

In 1944, Law Librarian Frances Farmer, the first woman to gain faculty status at UVA Law, taught Legal Bibliography as a required first year course. Farmer lectured on the methods and materials of legal research.  For their final assignment, students prepared briefs which they then tried in the law school’s moot court.

Law Librarian Frances Farmer, circa 1942-1944, Law Special Collections
Legal Bibliography, UVA Law Catalogue, 1943-1944

 

In the 1960s, the law school created a Legal Methods class, in addition to Farmer’s Legal Bibliography seminars. Like its predecessors, Legal Methods was a required first year course, and it introduced students to the problems of “legal analysis, research and writing, drafting and pleading, modern litigation and appellate practice” in a small group setting. Over time, Legal Methods evolved into the law school’s current Legal Writing & Research (LWR) course, which now has its own set of dedicated faculty.

Legal Method, UVA Law Catalogue, 1960-1961

 

In 1993, with computerized research on the rise in legal research, librarian Kent Olson introduced a new course at the law school, Advanced Legal Research (ALR). Building off the foundation of research skills that law students gained in their first year LWR seminars, ALR offered students the opportunity to deepen their knowledge of research techniques and research tools.

Advanced Legal Research, UVA Law Catalogue, 1993-1994

 

Library faculty, led by Professor Olson, continue to teach ALR at UVA Law and offer the course in both the fall and spring semesters.  Much has changed in legal research alongside the shift from print to digital.  Still, even since the early days of Legal Bibliography, an emphasis on hands-on, practical learning has remained in these courses as the tried and true means to prepare students for the legal questions of the working world.

Kristin Glover teaching ALR at UVA Law

Written by

Randi Flaherty

Randi Flaherty is the Special Collections Librarian at the Arthur J. Morris Law Library. She is an early American historian with a focus on foreign maritime commerce in the early American republic.

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