Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P40 pptx

In cases of IMPEACHMENT, involving the president,VICE PRESIDENT, or other federal officers, the House of Representatives prepares the ARTICLES OF IMPEACHMENT, because it is endowed with

among general audiences The NEH provides support through outright grants, matching grants, and a combination of the two Schools, higher education institutions, libraries, museums, historical organizations, professional associa-tions, other cultural instituassocia-tions, and individuals are eligible to apply for NEH grants

One avenue members of Congress use to support the arts is the Congressional Arts Caucus This bipartisan group, composed of nearly 250 members of Congress who recognize and support the arts, acts as an information clearinghouse on arts issues The caucus reports

on legislation affecting artists and arts institu-tions, both commercial and nonprofit It helps members of Congress prepare TESTIMONY and speeches on the arts

The government also provides indirect aid designed to create a heightened public aware-ness of art and to provide artists with new outlets for their work Among the effective means of indirect aid are the regulations adopted by many state and municipal governments, which require

a percentage of the cost of building new government structures to be spent on art

Federal, state, and local governments indi-rectly promote a heightened public awareness of the arts in the community through zoning

Zoning laws divide a city into districts and set forth the types of structural and architectural designs of buildings in those districts, and the uses that buildings may serve Some zoning regulations and laws are designed to preserve the aesthetic features or values of an area As of

2003, most state courts allowed the use of zoning laws for solely aesthetic purposes These laws may, for example, restrict the placement of billboards or television satellite dishes or may require that junkyards be screened or fenced

State and local governments have become involved in improving the appearance of publicly funded buildings, or any building built

on public land, by requiring that new building designs and locations be approved by the local government Local control over design was held constitutional in Walnut & Quince Streets Corp

v Mills, 303 Pa 25, 154 A 29, appeal dismissed,

284 U.S 573, 52 S Ct 16, 76 L Ed 498 (1931)

In Walnut & Quince Streets, a municipal arts panel refused to permit a theater owner to construct a large marquee extending over the sidewalk The owner unsuccessfully argued that

a local statute permitted the jury to act in an

arbitrary fashion that deprived him of DUE PROCESS OF LAW and, furthermore, that the legislature did not have the authority to regulate aesthetics and thus could not delegate such authority to an“arts jury.” The court upheld the statute as a legitimate legislative regulation of public property

Many governments have enacted statutes and regulations prohibiting the destruction and alteration of historic landmarks.LANDMARK

preservation laws indirectly aid the arts by in-creasing the public’s awareness of the need for beautification and for preserving the work of past generations of artists The earliest efforts

to preserve the nation’s heritage focused on particular buildings or national monuments The application of historic preservation laws to limit a property owner’s right to her or his property was declared constitutional in Penn Central Transportation Co v New York City, 438 U.S 104, 98 S Ct 2646, 57 L Ed 2d 631 (1978) In Penn Central, the U.S Supreme Court held that the New City Landmarks Preservation Commission’s failure to approve plans for construction of a 50-story office build-ing over Grand Central Terminal, a designated landmark, was not an unconstitutional taking

of property

Historic preservation law is an active and expansive area of zoning and planning law According to the National Trust for Historic Preservation, more than 1,700 communities have enacted preservation laws Federal efforts to encourage preservation include the enactment

of laws providing some tax credits for the protection and restoration of old buildings (26 U.S.C.A § 48 (g)(3)(A) [1986]) and for the protection of archaeological sites (16 U.S.C.A § 461[1986])

FURTHER READINGS Brenson, Michael 2001 Visionaries and Outcasts: The NEA, Congress, and the Place of the Visual Artist in America New York: New Press.

Ellickson, Robert C., and Vicki L Been 1985 Land-Use Controls: Cases and Materials Frederick, MD: Aspen Frohnmayer, John E 1992 “A Litany of Taboo,” Kansas Journal of Law and Public Policy 2 (spring).

Hulbert, Dan 1998 “High Court Upholds NEA Decency Standards ” Atlanta Journal-Constitution (June 26) Rathkopf, Arden H., and Daren A Rathkopf 2005 Rathkopf’s The Law of Zoning and Planning 5th ed.

St Paul, MN: Thomson/West.

U.S Congress Congressional Arts Caucus Serial 20515.

378 ART LAW

CROSS REFERENCES

Helms, Jesse Alexander, Jr.; Land-Use Control; Zoning.

vARTHUR, CHESTER ALAN

Chester Alan Arthur was born October 5, 1830,

in Fairfield, Vermont He achieved prominence

as a politician and as PRESIDENT OF THE UNITED

STATES

An 1848 graduate of Union College, Arthur

was admitted to the New York City bar in 1851,

and he established a legal practice in New York

City that same year

With the onset of the Civil War, Arthur

served as quartermaster general and inspector

general of New York After the war, from 1871

to 1878, he performed the duties of collector for

the Port of New York Although Arthur was a

believer in the spoils system, a practice that

rewards loyal political party members with jobs

that require official appointment, he served his

office as an honest administrator President

RUTHERFORD B.HAYES was, however, an advocate

of theCIVIL SERVICEsystem, which provided that

qualified people receive employment fairly

based upon their qualifications, and removed

Arthur from the office of collector

Arthur returned to politics with his election

asVICE PRESIDENT of the United States in March

of 1880 In September 1881, he assumed the

duties of president, after the assassination of

PresidentJAMES GARFIELD

As president, Arthur advocated the passage

of the Pendleton Civil Service Reform Bill in

1883, adopting a view that was contrary to his

previous support of the spoils system He signed

laws allowing for the modernization of the United

States Navy and supported the prosecution of

the Star Route Trials, which exposed fraudu-lent activities in the United States Post Office Department He also vetoed a Congressional bill, the Rivers and Harbours Bill of 1882, charging that the allotment of funds was too extravagant

Arthur’s presidential term ended in 1885; due

to ill health, he did not seek renomination He died November 18, 1886, in New York, New York

ARTICLES Series or subdivisions of individual and distinct sections of a document, statute, or other writing, such

as the Articles of Confederation Codes or systems

of rules created by written agreements of parties

or by statute that establish standards of legally

Chester Alan Arthur 1830–1886

◆ ❖

◆

◆

◆

❖

1830 Born, Fairfield, Vt.

1829 Andrew Jackson became 7th U.S president

1848 Graduated from Union College

1851 Passed NYC bar and established legal practice 1861–65 Served as

quartermaster general and inspector general of New York during Civil War

1880 Elected vice president under James Garfield

1871–78 Served as collector for the Port of New York

1881–1885 Served as 21st U.S president after assassination of Garfield

1883 Signed Pendleton Civil Service Reform Bill into law

1886 Died, New York City

◆

Chester A Arthur LIBRARY OF CONGRESS

THE FABRIC OF FREE INSTITUTIONS

—CHESTER ARTHUR ARTICLES 379

acceptable behavior in a business relationship, such

as articles of incorporation or articles of partnership

Writings that embody contractual terms of agree-ments between parties

ARTICLES OF CONFEDERATION The document that set forth the terms under which the original thirteen states agreed to parti-cipate in a centralized form of government, in addition to their self-rule, and that was in effect from March 1, 1781, to March 4, 1789, prior to the adoption of the Constitution

The ARTICLES OF CONFEDERATIONserved as the first constitution of the newly formed United States As it was originally drafted in 1776, the document provided for a strong central government However, by the time it was ratified in 1781, advocates of states’ rights had greatly weakened its provisions Many of these advocates feared a centralization of power and wished to preserve a great degree of independence and SOVEREIGNTY for each state

Accordingly, the Articles as they were ratified provided only for a“firm league of friendship,”

in which, according to article II of the document, “[e]ach State retains its sovereignty, freedom and independence.”

The Articles included provisions for military cooperation between the states, freedom of travel, EXTRADITION of criminal suspects, and equal PRIVILEGES AND IMMUNITIES for citizens

They also created a national legislature called the Congress Each state had one vote in this body, that vote to be determined by a delegation

of from two to seven representatives The Articles called for Congress to conduct foreign relations, maintain a national army and navy, establish and maintain a postal service, and perform a number of other duties The Articles did not create, as the Constitution later did, executive and judicial branches of government

The Congress created by the Articles was successful on a number of fronts In 1783 it negotiated with Great Britain a peace treaty that officially ended the Revolutionary War; it arranged to pay war debts; and it passed the

NORTHWEST ORDINANCE, which allowed for settle-ment and statehood in new regions in the western part of the United States However, with time, it became apparent that the Articles had created an unsatisfactory union of the states, chiefly because they established a weak

central government For example, under the Articles of Confederation, Congress did not have the power to tax or to effectively regulate commerce The resulting national government did not prove competent at such tasks as raising

a military or creating a stable currency In addition, because amendments to the Articles required a unanimous vote of all thirteen states, the Articles proved to be too inflexible to last

A series of incidents in the 1780s made it clear to many early U.S leaders that the Articles

of Confederation would not serve as an effective constitution Among these incidents was Shays’s Rebellion, in 1786–87, an insurrection in which economically depressed farmers demanded debt relief and closed courts of law in western Massachusetts The Congress of the Confedera-tion was not able to raise a force to respond to this civil unrest, which was later put down by a state MILITIA GEORGE WASHINGTON and other leaders perceived this as a grievous failure Therefore, when a constitutional convention assembled in 1787 to amend the Articles, it quickly decided to abandon them altogether in favor of a new constitution By June 21, 1788, nine states had ratified the new U.S Constitu-tion and made it effective It has survived as the basis of U.S government for more than 200 years

FURTHER READINGS Harrigan, John J 1996 Politics and the American Future: Dile-mmas of Democracy 4th ed New York: McGraw-Hill Kesavan, Vasan 2002 “When Did the Articles of Confeder-ation Cease to Be Law?” Notre Dame Law Review 78 (December).

Levy, Michael B 1988 Political Thought in America: An Anthology 2d ed Florence, KY: Brooks Cole CROSS REFERENCES

“Articles of Confederation” (Appendix, Primary Docu-ment); Constitution; Constitution of the United States; Federalism; Shays ’s Rebellion; Washington, George.

ARTICLES OF IMPEACHMENT Formal written allegations of the causes that warrant the criminal trial of a public official before a quasi-political court

In cases of IMPEACHMENT, involving the president,VICE PRESIDENT, or other federal officers, the House of Representatives prepares the

ARTICLES OF IMPEACHMENT, because it is endowed with the “sole Power of Impeachment,” under Article I, Section 2, Clause 5 of the Constitution

380 ARTICLES OF CONFEDERATION

The articles are sent to the Senate, which has the

exclusive power to “try all Impeachments” by

virtue of Article I, Section 3, Clause 6

The use of articles of impeachment against

state officials is governed by state constitutions

and statutes Articles of impeachment are

anal-ogous to an indictment that initiates criminal

prosecutions of private persons

Articles of Impeachment and

the U.S Presidency

Articles of impeachment have been drafted

against three U.S presidents, ANDREW JOHNSON,

RICHARD M.NIXON, andWILLIAM JEFFERSON CLINTON

Nixon resigned before the full House could vote

to approve the articles of impeachment

pre-pared by the judiciary committee, while

John-son and Clinton were both acquitted during

Senate trials that were bitterly divided along

party lines

On February 24, 1868, the U.S House of

Representatives voted to IMPEACH President

Andrew Johnson A week later the House

approved 11 articles of impeachment, accusing

the president ofOBSTRUCTION OF JUSTICE,

thwart-ing duly enacted federal laws, improvidently

removing military governors from the southern

states, and attempting to bring into disgrace,

ridicule, hatred, contempt, and reproach the

CONGRESS OF THE UNITED STATES Most historians

consider all of the charges against Johnson to

have been politically motivated, as the House of

Representatives was controlled by radical

Republicans who favored RECONSTRUCTION Era

legislation that Johnson opposed

In August 1867, Johnson tried to remove the

last staunch Reconstructionist from his cabinet

by dismissing Secretary of War EDWIN STANTON

and replacing him with GeneralULYSSES S.GRANT

The Senate refused to approve the dismissal,

so Johnson replaced Stanton with another

general One article of impeachment charged

that Stanton’s dismissal violated the TENURE

OF OFFICE ACT, which prohibited the president

from dismissing cabinet members without the

Senate’s approval

Johnson’s trial in the Senate commenced

March 13, 1868, and lasted until May 26, 1868

Supreme Court Justice Salmon Chase presided

The Senate consisted of 45 Republicans and

only nine Democrats Thirty-six votes were

required for conviction, so a party-line vote

would easily have removed Johnson After voting on the first three articles of impeachment and failing to convict by a single vote on each of them (7 Republicans sided with 12 Democrats), the Senate adjourned without considering the other eight articles

On July 27, 1974, the House Judiciary Committee approved three articles of impeach-ment against President Richard M Nixon The articles charged the president with obstruction

of justice in trying to cover up the BURGLARYof

DEMOCRATIC PARTY offices at the WATERGATE

complex in Washington, D.C., ABUSE OF POWER

for ordering the INTERNAL REVENUE SERVICE(IRS)

to audit the taxes of political adversaries, and refusal to obey a SUBPOENA from the Judiciary Committee A week later Nixon complied with

a Supreme Court order compelling him to release the transcripts of three tape-recorded conversations of June 23, 1972, which demon-strated his involvement in, and knowledge of, the Watergate cover-up

For example, the transcript of June 23, 1972, tape showed H R Haldeman, White House Chief of Staff, telling Nixon that campaign money had financed the Watergate burglary and Nixon telling Haldeman to use the CENTRAL INTELLIGENCE AGENCY (CIA) to curb a FEDERAL BUREAU OF INVESTIGATION (FBI) investigation of the money trail This transcript was widely referred to as the “the smoking gun” tape because some Republicans had said they would not support impeachment until they found evidence of Nixon holding a “smoking gun” of guilt in his hand With the public turning against Nixon and his approval rating hovering around twenty-five percent, Republican con-gressional leaders and some of the president’s own aides put him under enormous pressure to resign Three days after the tapes were released

to the public, on August 8, 1974, President Nixon resigned Nixon’s resignation ended the impeachment inquiry, and following his resig-nation, President GERALD FORDpardoned Nixon for all crimes he may have committed as the nation’s chief executive

On December 19, 1998, the U.S House of Representatives approved two articles of impeach-ment against Democratic president Clinton, accusing the president of having committed the crimes of PERJURY and obstruction of justice to conceal his relationship with former White-House intern Monica Lewinsky The impeachment trial

ARTICLES OF IMPEACHMENT 381

before the Senate began on January 7, 1999, and ended on February 12, 1999 Chief JusticeWILLIAM REHNQUISTpresided

Like the impeachment trial of Andrew Johnson, the Clinton impeachment trial was also bitterly divided along party lines The Senate was composed of 55 Republicans and

45 Democrats However, several moderate Republicans privately questioned the propriety

of impeaching a president whose job-approval ratings were at approximately 70 percent during

a period when theSTOCK MARKETwas experienc-ing strong growth Enough Republicans eventu-ally joined all 45 Democrats in voting toACQUIT

the president on both articles of impeachment, neither article being supported by even a majority of votes, far short of the 67 votes required to convict

FURTHER READINGS Bowman, Frank O III 2001 “Falling Out of Love with America: The Clinton Impeachment and the Madiso-nian Constitution ” Maryland Law Review 60.

Collier, Charles W., and Christopher Slobogin 1999.

“Terms of Endearment and Articles of Impeachment.”

Florida Law Review 51 (September).

Pious, Richard M 1998 “The Constitutional and Popular Law of Presidential Impeachment ” Presidential Studies Quarterly 28.

CROSS REFERENCES Chase, Samuel, “The Samuel Chase Impeachment Trial”

(Sidebar); Impeachment, “How Will the Trial of Bill Clinton Affect Future Impeachments? ” (In Focus); Im-peachment, “A Challenge to Impeachment” (Sidebar).

ARTICLES OF INCORPORATION The document that must be filed with an appropriate government agency, commonly the office of the secretary of state, if the owners of a business want it to be given legal recognition as a corporation

Articles of incorporation, sometimes called

a certificate of incorporation, must set forth certain information as mandated by statute

Although laws vary from state to state, the purposes of the corporation and the rights and liabilities of shareholders and directors are typical provisions required in the document

Official forms are prescribed in many states

Once the articles of incorporation are filed with theSECRETARY OF STATE, corporate existence begins In some jurisdictions, a formal certifi-cate of incorporation attached to a duplicertifi-cate of the articles must be issued to the applicant

before the business will be given legal status as a corporation

ARTICLES OF ORGANIZATION

A document required to be filed with an appropriate state or local government agency, in order to establish legal recognition of a limited liability company (LLC) Articles of organization closely parallel articles of incorporation needed for legal creation and recognition of corporations Limited liability companies and corpora-tions are creatures of statute They do no exist,

in the eyes of the law, until articles of organization or incorporation have been prop-erly filed and accepted by the designated governmental agency—commonly the office of theSECRETARY OF STATE A business owner is free

to set up a LLC in any state; however, the state chosen becomes the state of domicile for such purposes as jurisdiction, employee and with-holding taxes, and required annual filings Prior to filing articles of organization, a business owner must check with the state in which the articles will be filed to determine the availability of the chosen name for the new business entity Most states do not require a specific format for the articles of organization All states, however, do require specific minimum information to be contained within the articles The required information includes the name of the new entity; the business form (e.g., LLC); a statement of general purpose; the name and address of an agent for SERVICE OF PROCESS; the form(s) of ownership interest (e.g., equitable and equitable ownership, voting and non-voting ownership, and other forms of ownership having different preferences Limitations, rights,

or duties); and the name(s) of initial owner(s) and manager(s) Standard forms are available in many states, which need only be completed and filed along with the corresponding administrative fee

FURTHER READINGS Max Filings, Inc Web site “Q&A: Limited Liability Companies (LLCs) ” Available online at http://www maxfilings.com/incorporation-knowledge-center/QA-limited-liability-companies-llc.php; website home page: http://www.maxfilings.com (accessed July 5, 2009) Straub, Joseph T., and Raymond F Attner 1994 Introduc-tion to Business 5th ed Belmont, CA: Wadsworth Toolkit Media Group Web site 1995 –2009 “Filing the Articles of Organization ” Available online at http:// www.toolkit.com/small_business_guide/sbg.aspx? nid=P12_6825; website home page: http://www.toolkit com (accessed July 5, 2009).

382 ARTICLES OF INCORPORATION

Articles of Incorporation (For-Profit Corporation)

: S O I T C R T S I

STEP 1: CONTACT THE OFFICE OF THE SECRETARY OF STATE AT (334)242-5324 TO RESERVE A CORPORATE NAME.

STEP 2: TO INCORPORATE, FILE THE ORIGINAL, TWO COPIES OF THE ARTICLES OF INCORPORATION AND THE CERTIFICATE OF NAME

RESERVATION IN THE COUNTY WHERE THE CORPORATION’S REGISTERED OFFICE IS LOCATED THE SECRETARY OF STATE’S

FILING FEE IS $40 PLEASE CONTACT THE JUDGE OF PROBATE TO VERIFY FILING FEES.

PURSUANT TO THE PROVISIONS OF THE ALABAMA BUSINESS CORPORATION ACT, THE UNDERSIGNED HEREBY ADOPTS THE

FOLLOWING ARTICLES OF INCORPORATION.

I E C I T R

The name of the corporation:

I E C I T R

The duration of the corporation is “perpetual” unless otherwise stated.

I E C I T R

The corporation has been organized for the following purpose(s):

V I E C I T R

The number of shares which the corporation shall have the authority to issue is

V E C I T R

The street address (NO PO BOX) of the registered office:

and the name of the registered agent at that office:

I V E C I T R

The name(s) and address(es) of the Director(s):

I V E C I T R

The name(s) and address(es) of the Incorporator(s):

Any provision that is not inconsistent with the law for the regulation of the internal affairs of the corporation or for the restriction of the

transfer of shares may be added.

IN WITNESS THEREOF, the undersigned incorporator executed these Articles of Incorporation

on this the _ day of _, 20 .

Type or Print Name of Incorporator

Signature of Incorporator Printed Name and Business Address of Person Preparing this Document:

Rev 7/03

.

.

.

.

An example of for-profit articles of incorporation ILLUSTRATION BY GGS CREATIVE RESOURCES REPRODUCED BY PERMISSION OF GALE,

A PART OF CENGAGE LEARNING.

ARTICLES OF INCORPORATION 383

CROSS REFERENCES Articles of Incorporation; Jurisdiction.

ARTICLES OF PARTNERSHIP

A written compact by which parties agree to pool their money, labor, and/or skill to carry on a business for profit The parties sign the compact with the understanding that they will share proportionally the losses and profits according to the provisions and conditions that they have mutually assented would govern their business relationship

CROSS REFERENCE Partnership.

ARTICLES OF WAR Codes created to prescribe the manner in which the armed services of a nation are to be governed

For example, the UNIFORM CODE OF MILITARY JUSTICEis an article of war applied to the Army, the Navy, the Coast Guard, and the Air Force of the United States

CROSS REFERENCE Military Law.

ARTIFICIAL INSEMINATION The process by which a woman is medically impregnated using semen from her husband or from a third-party donor

Artificial insemination is employed in cases

of infertility or impotence, or as a means by which an unmarried woman may become pregnant The procedure, which has been used since the 1940s, involves injecting collected semen into the woman’s uterus and is per-formed under a physician’s supervision

Artificial insemination raises a number of legal concerns Most states’ laws provide that a child born as a result of artificial insemination using the husband’s sperm, referred to as AIH,

is presumed to be the husband’s legal child

When a child is born after artificial insemina-tion using the sperm of a third-party donor, referred to as AID, the law is less clear Some states stipulate that the child is presumed to be the legal child of the mother and her husband, whereas others leave open the possibility that the child could be declared illegitimate

Artificial insemination has grown in popu-larity as infertility becomes more prevalent and

as more women opt to become single mothers Eighty thousand such procedures using donor sperm are performed each year, resulting in the births of thirty thousand babies By 1990 artificial insemination was a $164 million industry involving eleven thousand private physicians, four hundred sperm banks, and more than two hundred fertility centers The practice of artificial insemination is largely unregulated, and secrecy surrounding the identity of donors and recipients is the norm Surveys of parents indicate that most do not plan to tell their children the circumstances

of their births This raises ethical questions about the right of an individual to be informed about his or her heritage People who inadver-tently discover they were conceived through artificial insemination often experience distress and feelings of confused identity Many doctors compound the problem by failing to keep records on the identities and medical histories

of donors

The legal minefield created by artificial insemination continues to erupt with new and unprecedented issues In 1990 Julia Skolnick sued a fertility clinic and a sperm bank for

NEGLIGENCE and MEDICAL MALPRACTICE, charging that they mistakenly substituted another man’s sperm for that of her late husband The woman, who is white, gave birth to a child with African American features, and DNA analysis confirmed that her husband, who was also white, could not have been the child’s father In another case, Junior Lewis Davis sued to prevent his ex-wife, Mary Sue Davis Stowe, from using or donating fertilized embryos the couple had frozen for later use The Tennessee Supreme Court held that individuals have“procreational autonomy” and have the right to choose whether to have a child (Davis v Davis, 842 S.W.2d 588 (Tenn June 1992) Arthur L Caplan, former director

of the Center for Biomedical Ethics at the University of Minnesota, commented, “In this case, the court said that a man cannot be made

to become a parent against his will.” The Davis case raises the question of the right of a sperm donor to prevent the use of his sperm by specific individuals

Serious health questions also surround the issue of artificial insemination AIDS, hepatitis, and other infectious diseases pose risks to women undergoing the procedure and their potential children Although the American

384 ARTICLES OF PARTNERSHIP

Fertility Society recommends that donors be

tested for infectious diseases, the guidelines are

not binding In fact, some doctors merely

request that donors answer questions about

their health history and sex life, and only a

handful of states require testing This casual

approach to donor screening can lead to

disaster In 1994 Mary Orsak, of Downey,

California, sued the Tyler Medical Clinic, in

Westwood, California, for negligence when she

discovered she was HIV-positive as a result of

artificial insemination with donor sperm In at

least six other cases, HIV transmission through

artificial insemination has been confirmed

Other legal pitfalls open up as technology

makes artificial insemination more

sophisti-cated and more available Because sperm can

be frozen for future use, a woman can be

impregnated at any time, even after her

hus-band’s death In 1990 Nancy Hart and Edward

Hart, of Covington, Louisiana, anticipating that

Edward might not survive his bout with cancer

and knowing that chemotherapy might leave

him sterile, decided to place a sample of his

sperm in a New Orleans sperm bank Edward

died in June 1990 Three months later Nancy

underwent artificial insemination using his

sperm, and on June 4, 1991, their daughter

Judith was born Under Louisiana law

(L.S.A.-C.C Art 185), the state would not acknowledge

Edward as the child’s father because she had

been born more than three hundred days after

his death As a result, Nancy was unable to

receive SOCIAL SECURITY survivors benefits for

her daughter She sued both the state of

Louisiana and the federal government In June

1995 Administrative Law Judge Elving Torres

ruled that the Social Security Administration

(SSA) must pay Judith a $10,000 lump sum and

$700 per month in survivor’s benefits

Accord-ing to Torres, the DNA EVIDENCE presented to

him proved that Judith is Nancy and Edward

Hart’s child

Medical technology enables recipients of

artificial insemination to select the sex of their

offspring, which raises still more ethical

ques-tions Some religions condemn this practice as

unnatural, although other theologians disagree

Some commentators have even suggested that it

is unethical and exploitative to offer expensive,

difficult, painful, and frustrating fertility

proce-dures to desperate people when there may be

little chance that a successful pregnancy will

result

The legal, ethical, and medical quagmires created by artificial insemination have not deter-red thousands of couples and single women from seeking the procedure Artificial insemi-nation is sometimes the best, if not the only, solution for a person determined to achieve pregnancy

FURTHER READINGS Bernstein, Gaia 2002 “The Socio-Legal Acceptance of New Technologies: A Close Look at Artificial Insemination ” Washington Law Review 77 (October).

Goldstein, Karen L., and Caryn H Okinaga 2002 “Assisted Reproductive Technology ” Georgetown Journal of Gender and the Law 3 (spring).

Gunning, Jennifer, and Helen Szoke, eds 2003 The Regu-lation of Assisted Reproductive Technology Aldershot, Hampshire, England: Ashgate.

Ross, Jane O 1999 “A Legal Analysis of Parenthood by Choice, Not Chance ” Texas Journal of Women and the Law 9 (fall).

CROSS REFERENCES Family Law; Illegitimacy; Parent and Child; Reproduction.

ARTIFICIAL PERSON

A legal entity that is not a human being but for certain purposes is considered by virtue of statute

to be a natural person

A corporation is considered an ARTIFICIAL PERSON forSERVICE OF PROCESS

AS IS

A term used to describe a sales transaction in which the seller offers goods in their present, existing condition to prospective buyers

The term as is gives notice to buyers that they are taking a risk on the quality of the goods The buyer is free to inspect the goods before purchase; but if any hidden defects are discovered after purchase, the buyer has no recourse against the seller Any implied or express warranties that usually accompany goods for sale are excluded in an “as is” sale

Contract law and theUNIFORM COMMERCIAL CODE

regulate “as is” sales

AS PER

A phrase commonly recognized to mean “in accordance with the terms of” a particular document—such as a contract, deed, or affidavit—

or “as authorized by the contract.”

AS PER 385

vASHCROFT, JOHN DAVID

In 25 years, JOHN ASHCROFT ascended from assistant state attorney general for the state of Missouri to U.S attorney general The political road to theJUSTICE DEPARTMENTwas paved by this conservative right-wing Republican with his hard work and strong ethics

JOHN DAVID ASHCROFT was born on May 9,

1942, in Chicago, Illinois His family moved to rural Springfield, Missouri, when he was just a young boy Springfield is the home of the Pentecostal Assembly of God Church, and because Ashcroft’s father and grandfather were Pentecostal ministers, it seemed only natural that the family would make Springfield their home Whereas the

church forbids smoking, drinking, and dancing, it does promote gospel singing Ashcroft took up playing the guitar and singing gospel when he was young, and it was a passion of his ever after After high school Ashcroft headed east to Yale where he received a degree in history in

1964 He then returned to the Midwest and studied at the University of Chicago Law School There he met his later wife, Janet They both graduated from the University of Chicago

in 1967 and went on to teach business law at Southwest Missouri State University

In 1972 Ashcroft decided to run for a spot

in the U.S House of Representatives While he lost the race, he still found his way into politics when he was named assistant attorney general for the state of Missouri in 1975 under then-attorney general, John Danforth While working there, Ashcroft met future U.S Supreme Court JusticeCLARENCE THOMAS

In 1976 Danforth decided to run for the U.S Senate, giving Ashcroft the opportunity to campaign for the soon-to-be vacated state attorney general position Ashcroft won the election and, in this new role, established his conservative reputation when he vehemently opposed court-orderedSCHOOL DESEGREGATIONin

St Louis and Kansas City While he could not please everybody, he managed to please many, and he was elected for another term before then becoming the 50th governor of Missouri in 1984

Ashcroft accomplished a great deal for the state of Missouri He balanced budgets without increasing taxes He also focused on WELFARE

reform and education by imposing tougher testing requirements for student advancement

As a validation of these efforts, Ashcroft was

John Ashcroft.

GETTY IMAGES

John David Ashcroft 1942–

◆ ◆

1942 Born in Chicago, Illinois

1939–45 World War II

1967 Received J.D.

from University of Chicago

1961–73 Vietnam War

1976–85 Served as Missouri attorney general

1985–93 Served as Missouri governor

2001 Became U.S attorney general

1995–2000 Served as U.S.

senator from Missouri

2001 September

11 terrorist attacks

2005 Founded The Ashcroft Group

◆

2004 Resigned as attorney general

386 ASHCROFT, JOHN DAVID

re-elected to a second term as governor with an

impressive 65 percent of the vote State law did

not allow him to run for a third term

In 1994 Ashcroft again followed in the

footsteps of John Danforth, who was retiring

from the Senate Ashcroft was elected to the

U.S Senate and sworn in at the beginning of

1995 While in Congress, Ashcroft proposed

and supported very conservative legislation,

most of which did not become law He was

pro-life, against GUN CONTROL, and against

AFFIRMATIVE ACTION He sponsored the Human

Life Amendment, which defined life to begin at

conception and banned all abortions, including

those involving incest or RAPE, except when

needed to save the life of the mother The

legislation did not become law He was also

unsuccessful in his support for term limits for

congressmen and prayer in schools Ashcroft

was, however, successful with his Charitable

Choice provision, a component of the welfare

reform legislation in 1996 The provision

granted funding to religious organizations in

order to provide social welfare programs

In 1998 Ashcroft published a book, Lessons

from a Father to His Son, about his father’s

preachings, his Christian faith, and how it

influenced his life Also in 1998 the Ronnie

White confirmation hearings branded him by

some as a racist White was the first African

American Missouri Supreme Court Justice

Then-presidentBILL CLINTON nominated him to

the federal bench During White’s confirmation

hearings, Ashcroft focused on a dissent that

White made in a CAPITAL PUNISHMENT case and

argued that White was soft on crime Yet White

had actually voted to uphold the death penalty

in 41 of the 59 cases that he heard on the bench,

and some argued that Ashcroft attacked White

because of his race Ultimately, the Senate voted

down White, making him the first federal

judicial nominee to be defeated since Robert

Bork That same year, Ashcroft seriously

considered running for the REPUBLICAN PARTY

nomination for U.S president After a

short-lived campaign, however, he withdrew his name

and supportedGEORGE W.BUSH

In 2000, Ashcroft ran once again for his

Senate position, this time against Missouri

governor Mel Carnahan Carnahan died with

his son in a plane crash three weeks before the

election but still won the vote by a slim margin

Ashcroft was a gracious loser, and Carnahan’s

widow was appointed to replace her deceased husband in the Senate

In 2001 Ashcroft was appointed by Presi-dent Bush and confirmed by Congress for the position of U.S attorney general, one of the most powerful positions in the country As attorney general, Ashcroft became head of the Justice Department and would oversee many powerful segments of the federal government, including theDRUG ENFORCEMENT ADMINISTRATION, theFEDERAL BUREAU OF INVESTIGATION, and the U.S

Marshals

TheSEPTEMBER 11TH ATTACKSin 2001 caused

an enormous change in the way Americans viewed the responsibilities of the nation’s top law enforcement officials In the aftermath of the attacks, Congress passed the Homeland Security Act and the USA Patriot Act, legislation that gave the Justice Department unprecedented latitude in dealing with suspected terrorists In

2002 and early 2003, Ashcroft issued numerous regulations dealing with the issue of domestic security and the tracking of foreign nationals including orders that gave FBI agents and U.S

marshals permission to arrest such persons for

IMMIGRATION violations when there was not sufficient evidence to hold them on criminal charges The Justice Department stepped up its surveillance methods, including the issuance of

“national security letters” that mandated busi-nesses to turn over electronic records of finances and other information Ashcroft also signed more than 170 classified “emergency foreign intelligence warrants,” which allowed

72 hours of wiretaps and searches of persons viewed as national securityTHREATS before they needed to be reviewed and approved by the Foreign Intelligence Surveillance Court

Groups representing Muslim immigrants, numerous civil liberties advocates, religious groups, and others protested much of the DOJ activity One program that did not pass muster with Congress was the TERRORISM Information and Prevention System to be known by its acronym as “Operation TIPS.” The program was planned to train millions of American workers including truck drivers, mail carriers, train conductors, and employees of utilities to look for and report any suspicious material or activity to a new FBI database

Other Ashcroft initiatives that provoked controversy include the DOJ’s challenge to an Oregon law that permits physician-assisted

OUR[ANTI

HAVE BEEN CRAFTED CAREFULLY TO AVOID INFRINGING ON CONSTITUTIONAL

SAVING

—J OHN A SHCROFT ASHCROFT, JOHN DAVID 387