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61 Buff. L. Rev. 997 (2013)
The Rise and Fall of the Unwritten Law: Sex, Patriarchy, and Vigilante Justice in the American Courts

handle is hein.journals/buflr61 and id is 1037 raw text is: BUFFALO LAW REVIEW

VOLUME 61         DECEMBER 2013           NUMBER 5
The Rise and Fall of the Unwritten Law:
Sex, Patriarchy, and Vigilante Justice in the
American Courts
LAWRENCE M. FRIEDMANt
WILLIAM E. HAVEMANNtt
INTRODUCTION
In the late 1850s, Daniel Edgar Sickles, a congressman
from New York, received an anonymous letter with
shocking news.' Sickles was a married man. His attractive
wife, Teresa Bagioli, was much younger than Sickles-he
was 37; she was about half his age. Your wife, the letter
said, is carrying on an affair with a man named Philip
Barton Key.2 The letter disturbed Sickles greatly. Sickles
confronted his wife and asked her whether the letter told
the truth; tearfully, she admitted that it did.3 She confessed
that she used to meet with Key in a house on Fifteenth
Street, where she did what is usual for a wicked woman to
do, on a bed on the second floor.' Sickles was a man of
action. He took his guns and looked for Key on the streets of
the capital.' When he found him, he shouted, Key, you
T Marion Rice Kirkwood Professor of Law, Stanford University.
tt J.D., 2013, Stanford University School of Law.
1. See W.A. SWANBERG, SICKLES THE INCREDIBLE 4, 46 (1956).
2. Id. at 46. Key was the son of Francis Scott Key, who wrote The Star-
Spangled Banner. Philip Barton Key was young, good-looking, and a widower.
3. See id. at 49.
4. Id. at 50.
5. See id. at 54.

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