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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A New Guide for Legal Historians

Shortly before his death in 2010, Morris Cohen told me about a book he was writing with his Yale colleague John Nann on research in American legal history. I wondered at the time if this was mostly a means of keeping Morris engaged in work and might not amount to much. But lo and behold, eight years later The Yale Law School Guide to Research in American Legal History (Yale University Press, 2018) has landed on my desk. And it’s full of great insights for the legal historian.

Instead of divisions by material type or genre, most of the book’s chapters focus on distinct time periods in American history and highlight research approaches and resources most pertinent to each period. After the chronological chapters, the book closes with several more general chapters. Particularly useful here are the discussion in Chapter Eight on doing archival research and the treatment in Chapter Ten of historical legal dictionaries.

A very useful bibliography of additional readings accompanies each chapter, and the book has a thorough and precise index. The authors provide helpful tips throughout on finding material in online catalogs, a nice touch as new catalog interfaces make subject searching less accessible and intuitive.

Chapter 2, English Foundations of American Law, 1500s-1776, does a great job of setting us in the world of an early modern English lawyer, finding case law with abridgments rather than Lexis or Westlaw. Lord Coke’s list of the fifteen sources of the law, printed at pages 50-51, is a wonderful time capsule – I didn’t know that “the Law and priviledge of the Stanneries” was a distinct source of law, let along what a stannary was. And it is interesting to learn that the abridgements of the 17th century (Sheppard, Hughes, and Rolle) were “considered to be of mediocre to poor quality” especially compared to Brooke’s Graunde Abridgement of the late 16th century. Nann and Cohen’s Guide has great explanations of the role of the Privy Council in governing the colonies and of the Calendar of State Papers. The authors point out the dangers of hastily OCR’d digital resources — unless scanned material is proofread carefully, it’s simply not discoverable through keyword searches.

Chapter 5, The Early Republic, 1790s-1870s, warns that researchers “must be careful to understand what the judiciary looked like in the state and time being researched. They must also understand the appellate process of the time.” And the authors provide good insight as to why historians can often be frustrated finding information in court reports: “Historians will find that it was not uncommon for a historically significant lower court case to go unreported. Once judges gained control of reporting, they chose cases that would become the building blocks of the law and ignored cases that merely repeated well-settled law. Historians will often want to read a case to get insight into the people involved, whereas lawyers care only about the law involved.”

Throughout the book I learned of valuable resources in legal history. These include Neil H. Cogan, The Complete Reconstruction Amendments, a forthcoming six-volume set from Oxford University Press not even on the publisher’s website yet, but also resources I never knew about or had long forgotten. I’d better take another look at American Foreign Relations Since 1600: A Guide to the Literature, which “has been described as ‘magisterial’ and is an extremely important resource that should be among the first stops in a research project touching on this topic.” And I never knew about Clarence S. Bingham’s History and Bibliography of American Newspapers, 1690-1820, “a critically important introduction to early American newspapers.”

At page 149, I read about two microfilm resources that were unknown to me until I had to hunt them both down in recent months:  Dockets of the U.S. Supreme Court, 1790-1950, and Appellate Case Files from the Supreme Court of the United States, 1792-1831. It’s true that finding these and borrowing the microfilm (sadly, we have neither in our library) gave me a sense of accomplishment, but how much easier life would have been if I had Nann & Cohen to help me. (It seems odd in 2018 to be relying on microfilm, particularly for information about Supreme Court cases, and LLMC is currently considering digitization of both of these sets.)

One of the valuable things about the work is that it expresses strong and clear opinions. In the very first chapter, it says that William H. Manz’s Gibson’s New York Legal Research Guide is perhaps the best of the many state legal research guides now published, with its in-depth treatment and coverage of current and historical sources. (Who can argue, when guides for nine states in Carolina Academic Press’s Legal Research Series all begin with the exact same sentence, “The fundamentals of legal research are the same in every American jurisdiction, though the details vary,” and nine more offer paraphrased versions of the same idea? How refreshing to open Hollee Schwartz Temple’s West Virginia Legal Research (2013) in the same series and read its first line, “If you want to stand out in a challenging legal marketplace, develop superior research skills.” Here’s to authors with journalism backgrounds!)

Of course, I don’t agree with all of the authors’ opinions. I don’t know why researchers trying to decipher citations are told that Prince’s Dictionary of Legal Abbreviations “is the first place they should turn to” and then only to check the online Cardiff Index to Legal Abbreviations if a citation isn’t in Prince’s. Cardiff’s coverage of American sources is broad and thorough, it includes useful information like the period of coverage and preceding and subsequent titles in a series, and its web version is so convenient. Why not reverse the order of checking these two?

As explained in the guide’s Introduction, the chronological chapters “describe the research tools available to an attorney of the past as well as the tools that a researcher of today will use to find the law of the past.” Thus, Chapter Six, Research Gets Organized, 1880s-1930s, explains the laborious procedure required to use Shepard’s Citations in print, something I thought I might never to have to read about again. I had hoped for less focus on obsolete research approaches and more discussion of modern legal history resources. There is only passing reference to one chapter of the three-volume Cambridge History of Law in America, and Lawrence Friedman’s History of American Law is only cited in one chapter’s bibliography. These books are not just “Further Reading” but great places for legal history students to begin their research and place their ideas in historical context.

The chronological structure of the guide begins to falter in Chapter Five, The Early Republic, 1790s-1870s, when the authors devote nearly a page to explaining PACER, the federal courts’ online docket system. Why in this chapter is there a discussion of a resource that begins its coverage in the late 20th century? Similarly, the chapter on the 1880s-1930s includes coverage of modern tools such as the Current Law Index (1980-date), and Chapter Seven, The Administrative State, 1930s-2010s, discusses several valuable 18th- and 19th-century resources such as Public Documents of the First Fourteen Congresses, 1789-1817 and Documentary History of the Constitution of the United States, 1786-1870. The “Administrative State” chapter focuses on administrative law and government documents, but the dates in its title are misleading.

The authors acknowledge that “research guides, including this one, represent a snapshot in time,” but in this instance the snapshot isn’t always that close to the publication date. Parts of the book show the inherent dangers of working on a project for several years. The bibliographies, while valuable, miss several recent publications, including a 2016 edition of Morris Cohen’s own Legal Research in a Nutshell. The print Foreign Law Guide hasn’t been updated since 2007, and the online Guide to Reference closed down in March 2016. In discussing the Congressional Record, the book asserts that “No easy translation tables exist to take researchers from the ‘daily’ page numbers to the ‘final’ page numbers or vice versa” – yet both HeinOnline and ProQuest Congressional offer daily edition to bound edition cross-reference tools. An unrelated quibble (in which I have a vested interest) is that referring to Specialized Legal Research as “by Penny A. Hazelton” and Guide to Reference Books as “by Robert Balay” does a disservice to the numerous contributors to these edited works.

In sum, The Yale Law School Guide to Research in American Legal History is a welcome addition to the literature of legal research and a valuable trove of insights and tips. It goes a long way to bridging the divide between historians and legal scholars.

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Kent Olson

Head of Research Services, Arthur J. Morris Law Library

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Launch of Alabama Claims Transcription Project

The UVA Law Library and the John L. Nau III Center for Civil War History are pleased to announce the C.S.S. Alabama Claims Cases Transcription Project. The over 100 documents in this collection center on the life and death of the British-built commerce raider C.S.S. Alabama and her sister ships, the C.S.S. Florida and the C.S.S. Shenandoah. Constructed in Liverpool, England in 1862, the Alabama disrupted Union commerce and supply lines in both Atlantic and Pacific waters during the Civil War. Between 1862 and 1864, Captain Raphael Semmes and the Alabama’s crew conducted seven major raids in waters ranging from the Gulf of Mexico to the Java Sea. They attacked or destroyed nearly seventy Union merchant ships, capturing or burning millions of dollars’ worth of cargo before the U.S.S. Kearsarge sank the Alabama on June 19, 1864 off the coast of France.

The Alabama’s success as a commerce raider made for a point of contention between the United States and Great Britain. After the war the American government held its British counterpart liable for damages. American citizens sought compensation for property lost to these British-built Confederate vessels. In 1871, the two nations signed the Treaty of Washington, which established an international arbitration process for resolving these disputes. The treaty marked a significant development in modern international law. In the end, the British government paid the United States $15.5 million in damages.

William Wallace Crapo
William Crapo, printed in Phineas Camp Headley, Public Men of To-day, 1882.

The C.S.S. Alabama Claims Cases Transcription Project features 108 documents from the law practice of Boston attorney and future U.S. Congressman William W. Crapo. Between 1870 and 1876, Crapo (pronounced “Cray-poe”) corresponded with numerous individuals such as attorneys Henry A. Barling and A. H. Davis as he worked to secure restitution from the British government on behalf of his clients. He also worked with bankers, insurance officials, and individual claimants. The letters and telegrams record how lawyers lobbied Congress and President Ulysses S. Grant’s administration as they pursued claims against the British government. They offer a unique perspective on the Civi War’s legal and diplomatic legacy.

UVA Law librarians completed an initial transcription of the Crapo material in the early 1990s. We now seek eagle-eyed members of the community to help refine that earlier work using Fromthepage.com, a crowdsourcing transcription platform to help enable their discovery and use by researchers. As far as we are aware, historians have never cited this collection in any scholarly research.

Here is but one example:

Henry A. Barling [New York] to William W. Crapo [New Bedford, Massachusetts]
13 December 1870

Confidential

New York Decemr. 13 1870
Dear Sir,

I infer from the tenor of yours of yesterday that the “Sufferers” may fly the track on the proposition of Johnson & Higgins, for two reason’s, the first on account of
the compensation & next because of a hesitancy most people have of giving Powers of Atty. even to their intimates. Johnson & Higgins I know to be honorable people & ones that would not abuse a trust — still, you could get a power where they could not because every claimant in N.B. has confidence in you.

Now what I want to get at is, if we fail with J & H in getting what we aimed at the other day, I think I can suggest to you a plain (sic) that all the parties at interest will jump at, & in which your interests as well as our own can be as well cared for as by the arrangement now pending, but I will not suggest it now as it might be taken as a symptom of bad faith toward J. & H. — by whom I intend to stick until I see they cannot succeed & then if you will join B. & D we can, with proper energy, & I assume we both have enough of it, make a very handsome business of it.

What I have written you will of course consider as strictly
confidential.

I remain
Dr. Sir

Yours truly
Henry A. Barling

W. W. Crapo Esqr
New Bedford

 

The above letter hints at discussions with clients concerning New York Insurance firm Johnson & Higgins. Barling’s plea for secrecy suggests a strategy in flux as the lawyers navigated complex legal and political shoals. The remaining papers in the collection describe in detail how lawyers and their clients negotiated deals and lobbied powerful individuals in defense of their legal interests.

Correcting the transcriptions will provide new insight into the Civil War era and the legal world it created. To start transcribing, visit the project’s webpage and signup for a free account on FromThePage. Participants in this project will find a complete set of instructions on the project website. Once finished, the UVA Law Library will make the completed transcriptions available on its website.

Questions? Please contact archives@law.virginia.edu

Further Reading:

Charles C. Beaman, Jr. The National and Private “Alabama Claims” and Their “Final and Amicable Settlement” (Washington, D.C., 1871).

Charles S.C. Bowen. The “Alabama” Claims and Arbitration Considered from a Legal Point of View (London, 1868).

Adrian Cook. The Alabama Claims: American Politics and Anglo-American Relations, 1865-1872 (Ithaca, NY, 1975).

James McPherson. War on the Waters: The Union and Confederate Navies, 1861-1865. (Chapel Hill, 2012).

Frank J. Merli. Great Britain and the Confederate Navy, 1861-1865.
(Bloomington, 1970).

Featured image: Édouard Manet, The Battle of the Kearsarge and the Alabama, 1864 (John G. Johnson Collection, Philadelphia Museum of Art, Public Domain)

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Jim Ambuske

Jim Ambuske is the Horatio and Florence Farmer Postdoctoral Fellow in Digital Humanities. He received his Ph.D. from UVA in 2016 and is a historian of the American Revolution and early Republic. At the UVA Law Library, Jim works in Special Collections to develop interpretive content for the library's major initiatives, curricula for future courses in the digital humanities, and research projects rooted in the library's archives and manuscript holdings. His primary responsibilities at the Law Library include oversight of the Scottish Court of Session Papers project and promoting scholarly access to the library's significant holdings in early American, Virginian, and transatlantic legal history.

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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.

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Randi Flaherty

Randi Flaherty is the Special Collections Librarian at the Arthur J. Morris Law Library. She is also 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
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Randi Flaherty

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

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Birlymen, the Scottish Court of Session, and Your Next Paper

boundary stone
“A Boundary Stone,” Donald Bain

This is a PSA for students interested in private ordering[1] and “how neighbors settle disputes.”[2] If extralegal systems such as cattle-trespass norms,[3] industry-based arbitration services,[4] and organized crime[5] are up your alley, then the case of Aitken, and Others v. Wilson and Bannatyne—from the Law Library’s collection of Scottish Court of Session Records—might provide some grist for your next paper. You can review the case documents here.

Aitken was about whether a voluntary association known as a “birly court” could enforce its own decisions.  What, you may ask, is a birly court? A lawyer for birly court members in Elsrickle, Scotland, described the organization as follows:[6]

“In most of the parishes and country villages in Scotland, particularly in the village of Elsrighill, and others in its neighbourhood, there hath been, for time immemorial, what is called the Birly court. All the small proprietors, portioners, and tenants, are members of this court, and they, every two years, or oftener, elect three of their own number, who are stiled Birlymen, and one called the birly officer.

The business of the Birly court has always been to redd the marches,[7] place and rectify pit stones,[8] regulate the mosses and common pasturages, and, in short, to determine every necessary article respecting the inferior police and for the preservation of good neighborhood. The birlymens office is to take care that the orders and regulations of the court be obeyed, and to estimate any damages which may arise from trespasses.”

The case documents provide fascinating insight into the practices of at least four

Pursuer's Proof
Pursuer’s Proof

different birly courts. They also offer a rich account of the events behind the case, which began in May 1777 as a boundary dispute between one John Wilson and his neighbor. During the ensuing birly court adjudication, Wilson was fined for using “abusive language,”[9] but he refused to pay. As a means of enforcing the fine, the birlymen went to Wilson’s house and confiscated two pewter plates. Wilson complained to the sheriff; the birlymen were detained; and they sued Wilson and the sheriff for wrongful imprisonment. In the birlymen’s telling, they had merely been acting according to “the immemorial practice of the place, and of the whole country.”[10] The sheriff, on the other hand, “could not regard what they termed a lawful poinding [i.e., “a seizure of property in lieu of money owed”[11]] in any other point of view, than as a lawless riot.”[12]

Aiken is a fun read and provides interesting material for scholarly analysis. The documents in our collection even include handwritten notes describing the court’s unreported decision. (According to those notes, Wilson and the sheriff won because, as one judge put it, “Birly courts [are] known in this country but [are] only arbitrators.”) If you think Aitken might fit with your research interests, be sure to check out this case.

 

 

[1] See, e.g., Barak D. Richman, Norms and Law: Putting the Horse Before the Cart, 62 Duke L.J. 739 (2012).

[2] Robert C. Ellickson, Order Without Law: How Neighbors Settle Disputes (1991).

[3] Id.

[4] See, e.g., Lisa Bernstein, Private Commercial Law in the Cotton Industry: Creating Cooperation Through Rules, Norms, and Institutions, 99 Mich. L. Rev. 1724 (2001).

[5] See, e.g., Curtis J. Milhaupt and Mark D. West, The Dark Side of Private Ordering: An Institutional and Empirical Analysis of Organized Crime, 67 U. Chi. L. Rev. 41 (2000).

[6] Andrew Crosbie, Information for Andrew Aitken Portioner of Elsrighill, David Brown and James Richardson, Tenants there, present Birlymen for the Town of Elsrighill, and William Elder, Wright there, Birly Officer, John Cuthbertson, Portioner there, John Lawson, Farmer there, and John White of Howburn, Pursuers; against John Wilson, Portioner of Elsrighill, and John Bannatyne, Sheriff-Substitute of Lanark, Defenders (Jan. 18, 1780) (Box 4, Scottish Court of Session Records, University of Virginia Law School Library).

[7] “Redd the marches” refers to fixing boundaries. See Redd, v.2, Oxford English Dictionary, http://www.oed.com/view/Entry/160193  (last visited Feb. 8, 2018) (“To delineate or fix exactly (a border or boundary); to mark or set the borders of (a place). Chiefly in to redd the marches. . . .”); March, n.3, Oxford English Dictionary, http://www.oed.com/view/Entry/113952 (last visited Feb. 8, 2018) (“The boundary of an estate; a boundary dividing one property from another; a tract of land between two properties.”).

[8] The phrase “pit stones” refers to boundary-stones. Pit, Dictionary of the Scots Language, http://www.dsl.ac.uk/entry/snd/pit_n_v2 (last visited Feb. 8, 2018).

[9] Crosbie, supra note 6.

[10] Id.

[11] Poind, Oxford English Dictionary, http://www.oed.com/view/Entry/146603 (last visited Feb. 8, 2018).

[12] William Craig, Information for John Bannatyne, sheriff-substitute of Lanark, defender, against Andrew Aitken, portioner of Elsrighill, and others, pursuers (Nov. 15, 1779) (Box 4, Scottish Court of Session Records, University of Virginia Law School Library).

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Kate Boudouris

Research, Instruction & Outreach Librarian, Arthur J. Morris Law Library

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New ACLU and United Nations Databases Available at UVA

It’s 2018—are you researching civil rights, immigration, or women’s issues? How about climate change or international politics? The UVA Law Library is excited to announce the acquisition of two new online research databases that may pique your interest.  Now available UVA-wide, the American Civil Liberties Union Papers (1912-1990) and AccessUN offer a wealth of information and resources and are a great starting point for exploring these topics and more.

 

American Civil Liberties Union (ACLU) Papers, 1912-1990

Gale: American Civil Liberties Union Papers, 1912-1990

The ACLU is a key advocate for US citizens’ constitutional rights, and its papers from 1912-1990 offer a unique vantage point on some of the defining issues of the Twentieth Century. The files in this collection cover issues ranging from lynching and racial discrimination to immigration to birth control. They also provide an inside perspective on key events in U.S. history, including the Civil Rights Movement, the Anti-War movements of the 1960s and 1970s, and the First and Second Red Scares. Of particular interest are the papers of the ACLU Southern Regional Office (founded 1964), which dealt with school segregation, public transportation, voter suppression, sexism, and numerous other issues in the former Confederate states. In the 1912-1990 collection, users will find internal memoranda, court documents, and publications, as well as public correspondence and other materials. All documents are available on the site and are fully text-searchable.

 

AccessUN, 1945-2017

Access UN indexes more than 500,000 documents from the United Nations’ six main bodies (including the Security Council, General Assembly, and International Court of Justice) and provides an invaluable tool for those interested in international law and politics since the end of the Second World War.

ReadEx: AccessUN

This resource catalogs UN documents (resolutions, records, and publications) on the full breadth of its proceedings since its creation. Here, users will find extensive documentation of the UN’s discussions and resolutions on issues including international security, world hunger, economic development, human rights, and the environment. This catalog offers full text or links to full text for resolutions from the General Assembly (1981-present), Security Council (1974-present) and Economic and Social Council (1982-present), and more.

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Zachary Hoffman

Zachary Hoffman received his PhD from UVA in 2017 and is a historian of Modern Russia and East Asia. He is currently working on a project about Russian imperialism and popular culture in the nineteenth and twentieth centuries.

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Gregory Swanson and the Integration of UVA Law

[On February 5, 2018, the University of Virginia School of Law commemorated Gregory Hayes Swanson, who attended UVA Law in the graduate L.L.M. program and was the first black student to enroll at UVA after winning his lawsuit to desegregate the University in 1950. Read more about the Swanson commemoration here.]

Gregory Swanson Enrolls at UVA, September 5, 1950. Special Collections, University of Virginia Library.

In a 1958 interview, Gregory Swanson appealed to the readers of the Washington Post: “What Negroes want most is to feel that they belong in the mainstream of American life.”[1]  Swanson knew firsthand the challenges that African Americans faced.  Nine years prior, in the fall of 1949, Swanson initiated an application to the School of Law at the University of Virginia.  Already a practicing lawyer, Swanson wanted to earn a graduate degree in law—an L.L.M.  “My primary reason stems from the desire to teach law,” Swanson wrote to the law school’s Committee on Admissions.[2]  By the time of his application, Swanson had graduated from Howard University with an L.L.B. (now J.D.), returned to his home state of Virginia, and passed the bar. After several years of clerking and practicing law at firms in Richmond, Danville, and Martinsville, he decided teaching would be his next career move.

Swanson sent off his application materials in November 1949 expecting to hear the standard reply for an application from a black student.  Rather than attend the University of Virginia, which interpreted state segregation laws in such a way as to prevent his enrollment, he anticipated that he would be offered “grant-in-aid from the state” to attend an out-of-state institution. Writing to his former dean at Howard about his UVA application, Swanson explained that under usual circumstances this would have been acceptable.  But with the Sweatt and McLaurin cases to desegregate American universities currently before the U.S. Supreme Court, the timing seemed right to challenge the constitutionality of Virginia segregation practices in graduate education.[3] Swanson aimed to gain admission to UVA Law, and when he did, he told the Howard dean, it would be “a triumph in the struggle to break down segregation and discrimination or to bring about equalization in education facilities.”[4]

After reviewing Swanson’s application, the Law School’s Committee on Graduate Studies unanimously approved his admission as an L.L.M. student. Yet, their resounding endorsement was not enough. On January 19, 1950, the committee brought the matter of Swanson’s application before a full meeting of the law faculty. With one dissenting vote among the twelve faculty members in attendance, the law faculty also approved the Committee’s decision and sent the matter to UVA President Colgate Darden for a final determination.[6]  But it was the Board of Visitors who would have the ultimate say.  On July 14, 1950, the UVA Board of Visitors denied Swanson’s application to UVA Law.[7] 

Within days of hearing of Swanson’s denial, the firm of Hill, Martin, & Robinson and the Virginia Chapter of the NAACP organized legal staff, including Thurgood Marshall, and resources to obtain Swanson’s admission to UVA Law.[8]  Swanson filed a complaint in the U.S. District Court for the Western District in Charlottesville to gain admission to UVA Law for the upcoming fall 1950 semester.[9]  Swanson and his team succeeded, and on September 5, 1950, the District Court ruled in favor of his admittance.  Not only was he a qualified applicant, the court explained, but UVA was the only state institution at which Swanson could pursue a graduate degree in law. The court order permitted Swanson to enroll immediately and barred UVA from denying admission to the UVA Law School to “any other Negro similarly situated.”[10]  Ten days later, Swanson registered as a student—as the first African-American student to attend the University of Virginia.

The Carver Inn, in the former Vinegar Hill neighborhood of Charlottesville, where Gregory Swanson lived during his one-year residency at UVA Law. Special Collections, University of Virginia Library.

The lawsuit would not be the last challenge Swanson navigated in Charlottesville or at UVA. “It is difficult to stop realizing that I am on the spot as well as a stranger in this town,” he wrote to a family member just a week after commencing his studies.  Whereas other law students lived close to grounds, Swanson lived more than a mile away—in the black neighborhood of Vinegar Hill.  During his walks to school, “whites also stop to stare at me, for they realize that I am going to the Univ.  I should like to read their minds.  Sometimes, I feel that I do.”[11]  At the law school, Swanson’s experience in many ways mirrored that of other students.  He studied tax law. He was nervous about being called on in class but proud of his first delivery. He ate lunch every day in the UVA Commons Cafeteria. Critically, however, Swanson endured repeated affronts to his presence, including fellow students who vocally opposed integration. 

Nevertheless, Swanson used his time at UVA to build and enable a more inclusive environment.  “I am endeavoring to participate [in] the University activities as much as possible so that the students can get used to the idea of a Negro being here,” he wrote to a family member in September 1950.[12]  Swanson attended lectures and football games, and he was a season ticket holder to the University’s Tuesday Evening Concert Group at Cabell Hall.[13] He also joined the UVA YMCA’s new “Committee for Racial Understanding.”[14]

Gregory Swanson on the UVA lawn. Gregory H. Swanson Papers at Howard University.

His graduate program required only one year in residence, so Swanson returned to Martinsville in 1951 and reopened his former practice.  There, he continued drafting his thesis, a requirement of the L.L.M. degree program, while simultaneously building his firm.  Balancing his career with his studies proved difficult, as it often did for L.L.M. students, and Swanson missed the two-year deadline to submit his completed thesis.  He would not receive his L.L.M. degree, nor did anyone else in his graduate cohort.[15] This, however, did little to impede Swanson.  Instead of teaching, Swanson dedicated his early career to fighting for civil rights for black Americans in both the courtroom and greater community.  Throughout the 1950s, he was an active member of the Virginia Chapter of the NAACP and the Virginia Voters League, as well as his fraternity, Alpha Phi Alpha, which was dedicated to supporting black students and black civil rights. 

By the time he was interviewed by the Washington Post in 1958, Swanson’s legacy was obvious.  One year prior to the article, there were eleven Africans Americans enrolled at the University of Virginia.[16]  Moreover, Swanson’s commitment to racial understanding endured.  He encouraged communities to form groups similar to the YMCA committee that he had served on at UVA.  And he implored Americans to advocate for their fellow citizens.  For Swanson, inaction was unacceptable, a belief he embodied throughout his time at UVA. “Life is cheapened where man’s inhumanity to man prevails,” Swanson wrote just before he enrolled at the University of Virginia, “and those who remain silent in the wake of such action… become an integral part of the conspiracy of silence.”[17] 

 

FURTHER READING AND RESEARCH:

The Papers of Gregory H. Swanson
Moorland-Spingarn Research Center, Howard University

Papers of the NAACP Legal Defense and Education Fund
Library of Congress
Plaintiff case materials and correspondence

The Papers of Judge John Paul
Special Collections, UVA Law Library
Correspondence and court filings for Swanson v. Rector & Visitors of Univ. of Va.

The Papers of Oliver Hill
Virginia State University
[This Collection is currently being processed and will be available to researchers in Fall 2018]

The Papers of Sarah Patton Boyle
Special Collections, UVA Library
Correspondence with Gregory Swanson

Margaret Edds, We Face the Dawn: Oliver Hill, Spottswood Robinson, and the Legal Team that Dismantled Jim Crow (Charlottesville: The University of Virginia Press, 2018).

 

[1] Susanna McBee, “First Negro to Attend U. of Virginia Sees Need for ‘Massive Assistance.’ The Washington Post and Times Herald, 01 September 1958, A8.

[2] Gregory Swanson to Committee on Admissions, December 1, 1949, Gregory H. Swanson Papers, Howard University [cited hereafter as GSP].

[3] The two cases were Sweatt v. Painter, 339 U.S. 629 (1950) regarding the admission of a black student to the University of Texas Law School; McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950), regarding segregated educational facilities at the University of Oklahoma. Swanson to George Marion, November 30, 1949, GSP.

[4] Swanson to F.D. Wilkinson, January 30, 1950, GSP.

[6] UVA Law School Faculty Meeting minutes, January 19, 1950.

[7] Emerson Spies to Swanson, July 29, 1950, GSP.

[8] Memorandum, Spottswood Robinson to Thurgood Marshall, August 3, 1950, Box 247, Papers of the NAACP Legal Defense and Education Fund, Library of Congress.

[9] Complaint, Swanson v. Rector & Visitors of Univ. of Va., No. 30 (W.D. Va. Sept. 5, 1950), Box 42, MSS 81-7, Judicial Papers of Judge John Paul, Special Collections UVA Law Library.

[10] Judgment at 3, Swanson v. Rector & Visitors of Univ. of Va., No. 30 (W.D. Va. Sept. 5, 1950), Box 42, MSS 81-7, Judicial Papers of Judge John Paul, Special Collections UVA Law Library.

[11] Swanson to Marquerite, September 28, 1950, GSP.

[12] Swanson to Marquerite, September 28, 1950, GSP.

[13] The Tuesday Evening Concert Group, Season Ticket 1950-1951; YMCA service programs, various dates, GSP.

[14] YMCA meeting minutes, October 16, 1950, GSP.

[15] Swanson to Leslie Buckler, May 16, 1951, GSP. The annual catalog for the law school in place at the time of Swanson’s admission and enrollment at UVA Law specified that L.L.M. students would progress from their period of residence to a candidate for the degree after submitting a project plan and a description of their thesis to the graduate committee and earning the committee’s approval to become a degree candidate.  The catalog specified that L.L.M. students must submit a completed thesis within two years from the date at which they became a candidate for the degree. The University of Virginia Record: Department of Law 1949-1950 (Charlottesville: The University of Virginia, 1949), 16.

[16] McBee, “First Negro to Attend U. of Virginia Sees Need for ‘Massive Assistance,’ The Washington Post and Times Herald, 01 September 1958, A8.

[17] Swanson to Sarah Boyle, August 28, 1950, GSP.

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Randi Flaherty

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

Mary Draper

Mary Draper earned her Ph.D. from UVA in 2016 and is a historian of colonial America and the Atlantic world. She is currently working on a book about the history of the early modern British Caribbean.

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Fitchett “Graduates” Summa Cum Laude

This week Taylor Fitchett retires – or “graduates,” as she calls it – from twenty years at the Arthur J. Morris Law Library. Taylor leaves behind a legacy of excellence in expanding the library’s research capabilities to include empirical research experts, building a Digital Collections department and a Legal Data Lab, digitizing significant historical materials from our Special Collections, and publishing books about the Law School’s history and architecture.

Taylor’s influence will long be visible throughout the library. She reclassified all of the books, spearheaded the building of myLab and the Collaborative Classroom, renovated the reference area, and diversified study spaces by adding standing desks, carrels, and group study rooms. We expect that she’ll turn that creative design impulse toward her garden now. We can’t wait to see the results!

The library staff will remember Taylor for all of these accomplishments, but also for so much more. Here are some of our reflections  —

I treasure Taylor’s heartfelt dedication to students, and to our staff. She has taken good care of us in so many ways – from enhanced study spaces to taking time to chat. She leaves a great legacy of warmth, and always good humor.

– Kristin Glover

Taylor started me walking for exercise. When she started here, she let everyone know that she liked to walk and hoped to get a group to join her. It took a while before I joined her and one other co-worker, but that started our almost daily walking. The other co-worker only lasted a few times, but she and I continued for years. Most of our walks were also chat times, usually personal stuff but sometimes work issues. She conned me into more extra chores because she had me cornered. She would ask me for ideas and then tell me to go ahead and do it (grrrrr).

– Diane Huntley

When I was out sick with pneumonia, Taylor would call just to see how I was doing and to make sure I was taking care of myself. She cares about everybody here like family.  

– Carol Sue Wood    

Olive

 

I am definitely going to miss how Taylor makes fun of how “ugly” my dog is…..she’s done it with each of my three bulldogs, including this stunning girl, Olive.

– Cathy Palombi

 

Taylor always listened and was always open and encouraging of new ideas. Many of the major accomplishments within the law library during her tenure were because she trusted and encouraged the people around her to be creative, try things out, and be successful.

Taylor also always had a wonderful sense of humor. She took her job seriously, but never took herself too seriously. Unfortunate encounters with carpet glue, slips on the stairs, getting in costume for presentations at professional conferences, accidentally being popped in the nose by one of her employees: she was able to laugh with us no matter what happened. That was central to her leadership. She taught us that we were important and our work was valuable, but that nothing we encountered in the library was ever so serious that we could not be forgiving of ourselves and see the humor in our own mistakes or the mistakes of others. She would sometimes say, when she saw someone smiling at work, “Obviously you have no comprehension of the seriousness of the situation. . . .” Then she would smile herself. 

– Ben Doherty

 

Taylor Fitchett - Grilled Cheese Night

Taylor Fitchett- Halloween

 

Wait, who?  The library director??  Taking me to lunch???  Gulp.

I had applied for a position here at the Law Library and was taken aback that Director Fitchett wanted to meet me as part of the interview process. After all, it wasn’t a faculty position. Why would she—the library director—make time in her schedule for me, a Circulation Assistant candidate? As I was to learn, starting with that delightful lunch and in the eleven years since, that’s just Taylor. She cares.  Really cares. And the library, the people it serves, and the staff who run it, are all better thanks to her.

– Tim Breeden

I’ve admired Taylor’s ability to delegate and trust us, and let us to figure out by ourselves how to do something that we wanted to do or thought should be done. I’ve admired her generosity.  I’ve liked and enjoyed her sense of humor, our long talks and her making fun of me when looking for my glasses and the keys. She will be missed.

– Cecilia Brown   

Before Taylor, we were often daunted by the immensity of changes that would make us a better library. We needed to convert from an archaic classification system to the widely used Library of Congress system, but it was too big a job. We needed to reorganize our book stacks, but there were too many books to move. Taylor saw possibilities, not obstacles, and she convinced us that we could do these things. And we did.

– Kent Olson

I’m deeply grateful for the excellent leadership that Taylor has provided over the past ten years. She’s spearheaded many remarkable achievements, all with a sense of humility, humor, compassion, and grace. As Maya Angelou observed, “I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.” I doubt any of us will soon forget what Taylor has done, nor many of the things she’s said! But I know for a fact that I’ll never forget how she’s made me feel from the day I first walked through the Law Library door — like family.

– Amy Wharton

Even though she was only going to give me a B for my library snowman [Editor’s note: the snowman was a true work of art!], Taylor definitely deserves an A+ from me. She has taught me what it means to work in a library, which goes beyond just the books on the shelves. This little pipsqueak is forever grateful! 

– Rebecca Hawes

Whenever a staff member completed a project, Taylor was likely to assign them a grade. She was a notoriously difficult grader and a B+ was considered high praise. Taylor has earned so many A+’s  from the members of her staff that she now “graduates” summa cum laude. We wish her all the best as she turns the page to a wonderful the next exciting chapter in her life.

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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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Wharton Takes Over as Law Library Director

Reposted from University of Virginia School of Law News & Media / February 1, 2018Mike Fox

A new chapter is being written at the University of Virginia School of Law, with UVA Law librarian Amy Wharton taking over as the fourth full-time director of the Arthur J. Morris Law Library.

Wharton, who earned a bachelor’s degree from UVA in 1987, had been a research and web services librarian who joined the Law Library in 2008.

“This appointment has added personal significance for me as an alumna of the University,” she said. “My UVA education has served me well throughout my career, so it’s gratifying to be able to give back to my alma mater through this important leadership role. I can’t imagine serving as library director at a better law school or library.”

Taylor Fitchett, who had served as director since 2000, announced her retirement in December but remained in the role through the hiring interim. An internal six-member committee chaired by professor George Rutherglen conducted the search for a new director.

Wharton holds a master’s in library and information studies from the University of Oklahoma and a J.D. from George Mason University.

Wharton has practiced law in Virginia and the District of Columbia, and is an associate member of the Virginia State Bar. She is also a past president of the Virginia Association of Law Libraries.

Wharton’s duties in her most recent position included providing research support to faculty, training and assistance on using databases and software, and evaluating research databases for acquisition.

Wharton has provided research and reference assistance and serves as a library liaison to first-year law students and summer research assistants. She has also taught legal research.

“Through its services, collections and space, the Law Library contributes to the key things that make this a great law school: research, education and community,” she said. “I have a great deal of pride in who we are and what we do.”

Wharton said getting to direct library operations will be a meaningful experience and that she looks forward to continuing to foster the library’s relationship with faculty and students.

“The Law School has long succeeded in promoting an exceptionally strong sense of community,” she said. “When alumni visit, it’s clear from the interest they show in our library that it was an important part of their experience.”

She said UVA Law’s leadership under Dean Risa Goluboff and Fitchett, as well as the faculty’s support as a whole, have set up both her and the library for continued success.

“That Amy is one of our own is a testament to both Taylor and Amy,” Goluboff said. “I am confident that Amy’s vision, experience and diligence will make the library’s future as bright as its past.”

Her predecessor leaves a legacy of being a model manager, Wharton said, and has recruited and retained a talented team.

“She’s been a strong advocate for making sure that the library has what it needs to succeed in fulfilling its mission to the Law School,” Wharton said of Fitchett. “Taylor genuinely cares for each member of the staff and everyone here with whom she’s worked, and she’ll be greatly missed.”

Managing the Law Library’s growth and transition into the digital age has been a top accomplishment, Wharton said. “We’ve come a long way.”

“The one thing that can always be counted on is change,” she said. “The Law Library is interdependent with a number of rapidly evolving ecosystems involving higher education, legal services, publishing and technology. We’ll adapt to change where we must and lead where we can and should.”

Moving forward, Wharton said, staff are taking a close look at library support for education and scholarship around emerging technologies that affect law and society, such as machine learning and artificial intelligence.

“We’ll have a lot of conversations in the coming months with stakeholders at the Law School and experts beyond our walls,” she said. “I expect that we’ll see new library initiatives emerging from these conversations.”

Media Contact
Director of Media Relations
mfox@law.virginia.edu / (434) 982-6832
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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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