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1. Mary A. Greene, LL.B., The Woman's Manual of Law (New York: Silver, Burdett and Company, 1902; KF387.G7), iii.[back]

2. The right of dower was a share of real and personal property owned by husbands during marriage that was designated for the support of widows. The dower was necessary because societal restraints denied women the right to provide for their own financial security.[back]

3. Jurisdictions are areas of authority and can be either a geographic area in which a court has power or the types of cases it has power to hear. Black's Law Dictionary, 6th edition (St. Paul, Minn.: West Publishing Co., 1990; KF156 .B53 1990), 766. Jurisdiction refers to federal or state lawmaking and enforcement power.[back]

4. Federal preemption is a doctrine adopted by the U.S. Supreme Court holding that certain matters are of such national, as opposed to local, character that in them federal laws preempt or take precedence over state laws. States may not pass a law inconsistent with the federal law (Black's Law Dictionary, 5th ed., 1060).[back]

5. Landmark Briefs and Arguments of the Supreme Court of the United States: Constitutional Law (Bethesda, Md.: University Publications of America, 1975-; KF101.8.K87). This ongoing publication reprints the records, briefs, and arguments for selected major constitutional decisions.[back]

6. The Law Library of Congress has an extensive collection of digest volumes. Each year the General Digest covering state and federal decisions is published. Each ten years the General Digest is compiled into a Decennial Digest. The American Digest, 1658-1896, Century Edition is the earliest of these. The First Decennial Digest includes cases from 1897 to 1906.[back]

7. Generally, the laws passed by state legislative bodies are called session laws, but they can have different names depending on the state: “public acts” or “laws” are both used.[back]

8. The Law Library owns a photostatic copy of the 1648 edition. According to the note included in the photostat reproduction of the earliest Massachusetts Code, “The existence of this, the first printed collection of the Laws of Massachusetts Bay, has long been known, but this is the only copy that has come to light. After many years of fruitless search it was discovered in 1906 in a small private library in England. No other book has been more earnestly sought for than this; . . .” — Church.[back]

9. The General Laws and Liberties of the Massachusetts Colony in New England, Revised and Reprinted, by Order of the General Court Holden at Boston, May 15th, 1672 (London, 1675; LAW United States Massachusetts 2 1672), 42.[back]

10. An Abridgement of the Publick Laws of Virginia in Force and Use June 10, 1720 (London: F. Fayram and J. Clarke, 1722; LAW <United States Virginia 1 (Jefferson Coll.) No. 151>).[back]

11. Trial of Rev. Joy Hamlet Fairchild (Boston, 1845; BX5960.O6 A2).[back]

12. Morris Cohen, Bibliography of Early American Law: Criminal Trials, no. 12772, 542 (Law<Trials (A & E) “Kinney”>).[back]

13. Interestingly, the dower right was usually one-third of the husband's estate. Although most states repealed dower rights early in the twentieth century, most modern intestate laws (laws concerning inheritance without wills) likewise give women one-third of their husbands' estates.[back]

14. Private examinations—where wives were questioned out of the presence of their husbands—were held by court magistrates. The statements were recorded and used to determine if the wife had been coerced into signing the documents conveyancing the property to another person.[back]

15. Catlin v. Ware, 9 Tyng 218 (1812) (Massachusetts).[back]

16. Jones v. Porters, 2 Virginia Colonial Decisions 93 (1740) [Law<Virginia (Colon) 5>].[back]

17. The Laws & Acts of the General Assembly for Their Majesties Province of New-York, 1691 (New York: William Bradford, Printer to Their Majesties King William & Queen Mary, 1694), 18.[back]

18. Barnes' Lessee v. Irwin, 2 U. S. (2 Dallas) 199 (1793). The earliest decisions published in the United States Reports were decisions of the Pennsylvania Supreme Court. The decisions of the United States Supreme Court began to be published after 1790. Barnes' Lessee was a decision by the Pennsylvania Supreme Court.[back]

19. This is a parallel citation. The court decision can be found in the New Mexico Reports and Pacific Reporter, 2nd Series. Only the citation differs, although the regional reporter may be annotated. The Pacific Reporter is a regional reporting series that publishes court decisions from a group of states. Other states whose decisions it includes are Arizona, Utah, Oklahoma, Kansas, Colorado, Wyoming, Montana, Idaho, Nevada, Oregon, California, and Washington.[back]

20. McDonald v. Senn, 53 N.M. 198, 204 P.2d 990, 1002.[back]

21. James H. Deering, ed., The Civil Code of the State of California, title 1, section 159 (San Francisco: Bancroft-Whitney Co., 1927; KFC30.5.D4 C56 1927), 62.[back]

22. The Civil Code of the State of California, 1872 (Sacramento, 1872; KFC30. A233 1872), 55.[back]

23. Theodore H. Hittell, General Laws of the State of California, from 1850 to 1864, Inclusive (San Francisco: Bancroft-Whitney, 1865; KFC30 1865 .A32), 1:516.[back]

24. Hittell, 41.[back]

25. Gustavus Schmidt, The Civil Law of Spain and Mexico, Art. 43 (New Orleans: Thomas Rea, 1851; Law Mexico 7 Schm), 12.[back]

26. Deering, 62.[back]

27. Hittell, 516[back]

28. Lewis v. Lewis, 18 Cal. 654, 655 (1861) (KFC45 .A2).[back]

29. Richard H. Chused, “Married Women's Property Law: 1800-1850,” Georgetown Law Journal 71 (1983): 1359, 1366.[back]

30. 1848 New York Laws 307, ch. 200.[back]

31. Joan Hoff-Wilson, Law, Gender, and Injustice: A Legal History of U. S. Women (New York: New York University Press, 1991; KF4758.H64 1990), 128.[back]

32. The Homestead Act of 1862, c. 75, 12 Stat. 392.[back]

33. Constitution of California of 1849, Article XI, section 14, pp. 328, 412 (KFC679.C6 1895).[back]

34. The Revised Statutes of Texas, 1879, Title XXXVII, Art. 2181, 320; Title L, 412 (Austin: State Printing Office, 1887; LAW Texas 2 1879).[back]

35. Three indentured servants—John Punch, James Gregory, and Victor —ran away and were recaptured. James Gregory and Victor, both white, were given “thirty stripes” and an additional four years of servitude, whereas John Punch, a Negro, was sentenced to serve the remainder of his life. Helen Tunnicliff Catterall, ed., Judicial Cases Concerning American Slavery and the Negro, 5 vols. (1926; reprint, New York: Octagon Books, 1968; KF4545.S5 C3 1968), 1:77. [back]

36. Act CII, Laws of Virginia, March, 1661-2 (Hening, Statutes at Large, 2: 116-17).[back]

37. Act VI, Laws of Virginia, December, 1662 ( Hening, Statutes at Large, 2: 167).[back]

38. Act XII, Laws of Virginia, December 1662 (Hening, Statutes at Large, 2: 170).[back]

39. Celia, a Slave is a narrative account of such a criminal trial, where a slave woman was tried for the murder of her owner, found guilty, and sentenced to be hanged. Robert Newsom, age sixty, had purchased Celia, age fourteen, to be his live-in mistress. Five years later, she asked him to discontinue sexual relations with her until after the birth of their second child. He refused and she killed him by beating him with a piece of wood and burned his body in her fireplace. She could not testify on her own behalf because that would have meant permitting a black person to bring evidence against a white person. Melton A. McLaurin, Celia, a Slave (Athens: University of Georgia Press, 1991; KF223.C43 M34 1991).[back]

40. Catterall, 1:77.[back]

41. Act XVI, Laws of Virginia, April 1691 ( Hening's Statutes at Large, 3: 87). This section of the law with its amendments remained in force until the U.S. Supreme Court ruled the law unconstitutional in Loving v. Virginia, 388 U.S. 1 (1967).[back]

42. Laws of Maryland, chap. XIII (May 1717), 140.[back]

43. Karen B. Morello, The Invisible Bar: The Woman Lawyer in America 1638 to the Present (New York: Random House, 1986; KF299 .W6 M67 1986), 8.[back]

44. See note 39.[back]

45. Life estate is an estate whose duration is limited to the life of the party holding it, or to that of some other person. Life interest is a claim or interest in real or personal property, not amounting to ownership, and limited by a term of life, either the lifetime of the person in whom the right is vested or that of another (Black's Law Dictionary, 5th ed., 1979, 833).[back]

46. The Fugitive Slave Act of 1850 required citizens to assist in the return of escaped slaves to their owners (chap. LX, 9 Stat. 462 [1850]).[back]

47. Debra Newman Ham, ed., The African American Odyssey (Washington: Library of Congress, 1998; Z1361.N39 L47 1993), 54, 50.[back]

48. Morello, 1.[back]

49. J. Clay Smith, ed., Rebels in Law: Voices in History of Black Women Lawyers (Ann Arbor: University of Michigan Press, 1998; KF299.A35 R43 1998), 2.[back]

50. Bradwell v. Illinois, 84 U. S. (16 Wall.) 130 (1873).[back]

51. United States Constitution, Amendment XIV, §1.[back]

52. Bradwell v. Illinois, 84 U.S. (16 Wall.) 130, 141 (1873).[back]

53. In re Lockwood, 154 U.S. 116, 117 (1893).[back]

54. Morello, 12.[back]

55. Smith, ed., Rebels in Law, 9.[back]

56. Lelia J. Robinson, L.L.B., “Women Lawyers in the United States,” The Green Bag, 2(1890):10.[back]

57. Hishon v. King & Spalding, 104 S.Ct. 2229 (1984). Elizabeth Anderson Hishon filed a Title VII sex-based discrimination suit against King & Spalding, her law firm, when she did not receive a partnership offer. The U.S. Supreme Court reversed and remanded the decision that denied her claim under Title VII.[back]

58. General Laws, Memorials, and Resolutions of the Territory of Wyoming, c. 31 (1869), 371.[back]

59. Congressional Record, 62nd Congress, 2nd Session (1912). App. 193.[back]

60. New Jersey Constitution of 1776, in William F. Swindler, ed., Sources and Documents of United States Constitutions, 10 vols. (Dobbs Ferry, N.Y.: Oceana Publications, 1973-79; KF4530.S94), 6:450.[back]

61. New Jersey Constitution of 1844, ibid., 454.[back]

62. Anthony v. United States, 24 F. Cases 829 (1873).[back]

63. Minor v. Happersett, 88 U.S. ( 21 Wall.) 162, 178 (1874).[back]

64. Congressional Record, 62nd Congress, 2nd Session, 1912, App. 190.[back]

65. Brief for Defendant in Error, Muller v. Oregon, 208 U.S. 412 (1908), commonly called the “Brandeis Brief.”[back]

66. Revised Laws of Massachusetts, ch. 106, §24 (1902). Reprinted in Landmark Briefs and Arguments of the Supreme Court of the United States: Constitutional Law, vol. 16 (Arlington, Va.: University Publications of America, 1975), 66.[back]

67. 208 U.S. 412 (1908).[back]

68. The Brandeis Brief was highly influential in swaying the high court's opinion. It combined more than one hundred pages of sociological data on the negative effects of long hours of work on women's health and reproductive capabilities gathered from several countries with fewer than five pages of legal argument. Landmark Briefs and Arguments of the Supreme Court, vol. 16, 63.[back]

69. Acts of Congress Affecting the District of Columbia from December 3, 1917, to March 4, 1919-2nd and 3rd Sessions, 65th Congress (KFD1225.A213), 23: 519, 523.[back]

70. Freedom-of-contract doctrine was a common law concept that held the ability at will to make, or abstain from making, a binding obligation enforced by the sanctions at the law. It included the right to contract about one's affairs, including the right to make contracts of employment, and to obtain the best terms one can as the result of private bargaining, as well as the corresponding right to accept a contract proposed.[back]

71. 261 U.S. 525 (1923).[back]

72. West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937).[back]

73. Pub. L. 88-352, Title VII, 78 Stat. 241.[back]

74. Pub. L. 88-352, Title VII, section 703, 78 Stat. 241, 255.[back]

75. Meritor Savings Bank v. Mechelle Vinson, 106 S.Ct. 2399, 2405 (1986).[back]

76. 28 C.F.R. 42 (2000). Regulations promulgated by an administrative agency are cited based on their locations in the Federal Register (61 FR 34730, July 3, 1996) and in the Code of Federal Regulations. The policy for Equal Employment Opportunity within the Department of Justice can be found in volume 61 of the Federal Register on page 34730. The same regulations can be found in its codified format at 28 C.F.R. 42 (2000), which is read, “Title 28 of the Code of Federal Regulations, part 42, in the 2000 edition.”[back]

77. Bound federal bills, starting with the 16th Congress, are part of the Law Library of Congress collections.[back]

78. The Law Library has the entire range of debates occurring on the floor of the House and Senate, beginning with the Annals of Congress (1789-1824) and including the Register of Debates (1824-37), the Congressional Globe (1838-73), and the Congressional Record (1873-).[back]

79. 110 Congressional Record (88th Congress, 2nd Session, 1964), 2,577.[back]

80. “An act supplementary to the acts in relation to immigration,” ch. 141, section 3, 18 Stat. 477 (1875).[back]

81. “An act to regulate the immigration of aliens into the United States,” ch. 1012, section 3, 32 Stat. 1213, 1214 (1903).[back]

82. “An Act to amend an ‘Act entitled An Act to regulate the immigration of aliens into the United States, approved February twentieth, nineteen hundred and seven’,” ch. 128, section 3, 36 Stat. 263, 264 (1910).[back]

83. The Mann Act, ch. 395, 36 Stat. 825 (1910).[back]

84. Staff of the House Committee on the Judiciary. 100th Congress, 2d Session, Grounds for Exclusion of Aliens under the Immigration and Nationality Act: Historical Background and Analysis, II (Comm. Print 1988).[back]

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