During his career Bond has written about and taught civil rights and has served in many civil rights organizations.. Senate 1998 Elected chair of NAACP 1965 Elected to Georgia House; leg
Trang 1The family’s accomplishments—Bond was the descendant of a freed slave—did not insulate him from prejudice While at the George School, a Quaker prep school at which he was the only black student in the 1950s, Bond was told by the headmaster not to wear his school jacket on dates with white girls The experience scarred him yet awakened him politically At that time he also began developing a philosophy
of racial awareness andPACIFISM, along with the witty, penetrating style for which he later became known
In 1957 Bond entered Morehouse College in Atlanta, Georgia He did not receive his bachelor
of arts degree in English until 14 years later, but
in the interim, he made history Bond was inspired by the civil rights movement and particularly the philosophy of nonviolent change espoused byMARTIN LUTHER KINGJr In 1960 Bond helped found two influential student groups The first of these, the Committee onAPPEALforHUMAN RIGHTS, succeeded in integrating Atlanta busi-nesses and public places The second group, the Student Non-violent Coordinating Committee (SNCC), grew into a national phenomenon, becoming the leading civil rights organization among young people in the mid-1960s SNCC activities ranged from voter registration drives in the South to opposition to theVIETNAM WAR, and Bond, in addition to joining SNCC in the field, edited its newsletter
Dropping out of college in 1961 to become a full-time activist, Bond soon established himself
as a national figure through this work and his subsequent political career In 1965 he won election to the Georgia House of Representatives
However, lawmakers voted not to seat him, ostensibly because of his anti-war activities, particularly his signing of an SNCC statement that supported men who chose not to respond to
their draftSUMMONS Bond’s supporters argued that the real reason he was not seated was racism After the legislature called a new election, Bond won again, but he was still refused office His lawsuit claiming the right to be seated went to the U.S Supreme Court, which ruled unanimously
in December 1966 that the legislature’s actions violated theFIRST AMENDMENT(Bond v Floyd, 385 U.S 116, 87 S Ct 339, 17 L Ed 2d 235) Bond took office in January 1967
Bond’s success led to his name being placed
in nomination for VICE PRESIDENT at the 1968 Democratic Convention, a first for a black man The nomination was symbolic; he was too young to serve and so withdrew his name In Georgia he served as a state representative until
1974 and as a state senator from 1974 to 1987 During this period, he introduced some 60 bills aimed at helping minorities and low-income citizens; he also led a successful drive to create a new congressional district in Atlanta representing
a black majority He made an unsuccessful bid for the U.S House of Representatives in 1986 During his career Bond has written about and taught civil rights and has served in many civil rights organizations In 1971, he became the first president of theSOUTHERN POVERTY LAW CENTER, a NONPROFIT legal organization based
in Montgomery, Alabama, devoted to ending discrimination In the 1990s Bond served four terms on the board of the National Association for the Advancement of Colored People (NAACP) Bond has served since 1998 as national board chairman of the NAACP
A holder of 25 honorary degrees, Bond has taught at Drexel University, Harvard University, the University of Pennsylvania, and Williams College He serves as a distinguished scholar
at American University in Washington, D.C
◆
1940 Born in Nashville, Tenn.
1954 Brown v Board of Education decision held
racial segregation in public schools unconstitutional
1961–73 Vietnam War
2009 Received NAACP Spingarn Medal
1960 Co-founded SNCC
1974–87 Served
in Ga Senate
1998 Elected chair of NAACP
1965 Elected to Georgia House;
legislature voted not to seat him
1966 Supreme Court ruled legislature’s actions violated First Amendment
1968 Nominated for vice president at Democratic National Convention, withdrew name
1971 Became first president of Southern Poverty Law Center 1967–74
Served in
Ga House
78 BOND, HORACE JULIAN
Trang 2and a professor in the history department at the
University of Virginia
In the early twenty-first century, Bond
continued to be a prolific writer His articles
and poems have appeared in numerous
maga-zines and newspapers, including The Nation,
Playboy, Ramparts, the New York Times, and the
Los Angeles Times Bond has also continued his
work as a narrator and commentator and has
made appearances on television and in the
movies In 2002 he received the EUGENE V.DEBS
Award for his work with social justice issues and
also the prestigious National Freedom Award
In 2009 he received the Spingarn Medal, the
NAACP’s highest honor
FURTHER READINGS
Branch, Taylor 1989 Parting the Waters: America in the
King Years, 1954–1963 New York: Touchstone.
National Association for the Advancement of Colored People.
Available online at http://www.naacp.org (accessed
August 19, 2009).
Reed, Adolph 1999 Stirrings in the Jug: Black Politics in
the Post-Segregation Era Minneapolis, Minn.: Univ of
Minnesota Press.
CROSS REFERENCE
Civil Rights Movement.
BONDS
Written documents by which a government,
corporation, or individual—the obligor—promises
to perform a certain act, usually the payment of a
definite sum of money, to another—the obligee—
on a certain date
In most cases, a bond is issued by a public
or private entity to an investor who, by
purchasing the bond, lends the issuer money
Governments and corporations issue BONDS to
investors in order to raise capital Each bond
has a par value, orFACE VALUE, and is issued at a
fixed or variable interest rate; however, bonds
often can be purchased for less or more than
their par value This means that the yield, or
total return on a bond, varies based on the
price the investor pays for the bond and its
interest rate Generally, the more secure a bond is
(i.e., the stronger the assurance that the bond will
be paid in full upon maturity), the less the bond
will yield to the investor Bonds that are not very
secure investments tend to have higher returns
Junk bonds, for example, are risk,
high-yield bonds Except for the high-risk variety,
bonds tend to be relatively solid, predictable
investments, with prices that vary less than those
of those of stocks on the STOCK MARKET As a result,LITIGATIONbecause of unpaid bond agree-ments has rarely proved necessary
The most common type of bond is the simple bond This bond is sold with a fixed interest rate and is then redeemed at a set time
Several varieties of simple bonds exist Munici-pal governments issue simple bonds to pay for public projects such as schools, highways, or stadiums The U.S Treasury issues simple bonds to finance federal activities Foreign governments issue simple bonds, known as Yankee bonds, to U.S investors Corporations issue simple bonds to raise capital for moderni-zation, expansion, and operating expenses
Conditional bonds do not involve capital loans Most of these bonds are obtained from persons or corporations that promise to pay, should they become liable The payment is usually a nonrefundable fee or a percentage of the face value of the bond A BAIL BOND is a common type of conditional bond The person who posts aBAILbond promises to pay the court
a particular sum if the accused person fails to return to court for further proceedings on the date specified Once a bond payer satisfies the terms of a conditional bond, the LIABILITY is discharged If the bond goes into default (i.e., if the obligations specified are not met) the amount becomes immediately due Parties also can mutually decide to cancel a conditional bond
The emergence of simple government and corporate bonds into the modern marketplace began with the economic boom of the 1920s
Immediately after WORLD WAR I, the U.S
economy rewarded investors who were eager
to see expansions in industrial growth For most
of the 1920s, until just before the Great Depression, interest rates remained low The bond market became sophisticated enough to raise funds for the U.S Treasury, domestic corporations, and foreign borrowers It also proved useful during WORLD WAR II, when the federal government depended on the sale of war bonds to finance its military efforts
During the 1980s a different kind of boom
in the U.S economy sent the bond market in a more problematic direction Even though high-yielding bonds tend to be less reliable invest-ments than low-yielding ones, the rapidly increasing business activity in the 1980s led to large-scale buying of these high-risk invest-ments Corporations successfully bought out
BONDS 79
Trang 3the stock of other corporations by raising money through the sale of millions of dollars
of junk bonds (Junk bonds have been given low ratings when measured by standard investment criteria—hence the pejorative name.)
Troubles soon arose from the shaky foun-dation of the JUNK BOND market One of the country’s leading figures in fostering junk bond investments, Michael R Milken, faced criminal charges that he had manipulated bond prices,
Michael R Milken: Genius, Villain,
or Scapegoat?
F
B
ew business personalities have attracted as
much attention—both negative and positive—
as bond market financier Michael R Milken After
earning an estimated $1.1 billion in the 1980s as the
head of Drexel Burnham Lambert’s securities
branch, Milken fell from grace in the press and in
the eyes of many investors In 1990 the Securities
Exchange Commission charged Milken with
securi-ties fraud In U.S district court, Milken was fined
$600 million, permanently barred from engaging in
the securities business, and sentenced to ten years
behind bars Some of Milken’s associates believed
that he had been made a scapegoat; Milken’s
prosecution, they argued, was little more than an
attempt to pass judgment on the 1980s, sometimes
cast as the decade of greed
Milken had formerly been heralded by the Wall
Street Journal as one of the century’s most important
financial thinkers In the 1970s, after finishing studies
at the University of Pennsylvania’s Wharton Business
School, Milken was early in anticipating the boom of
the junk bond market He used his understanding of
trends in investment activity, along with innovative
approaches, to capitalize on what he called
high-reward bonds The junk bond boom led to both
Milken’s ascent and his incrimination Milken’s
correct assessment of the junk bond boom paid off
for him While he worked for the powerful Drexel
Burnham Lambert firm, his profits made him a
billionaire But how he made those profits also led
to his downfall The government held evidence
implicating Milken in manipulation of stocks, insider
trading, and bribery of investment managers
With fines and damages in civil lawsuits totaling
$1 billion, Milken became one of several
news-making, white-collar criminals of the 1980s After
his sentencing, the Wall Street Journal retracted
its praise of the man, saying that “evidence now
suggests that Mr Milken’s theory was wrong—and
that he was far from the genius he seemed to be about junk bonds” (National Review 31 August 1992) Milken’s theory held that the high yields of junk bonds would draw investors to purchase many
of them and that defaults on these securities would
be few The intense corporate competition of the 1980s waned; however, and in later years, investors moved away from junk bonds in search of other investment opportunities Following his release from prison, after serving two years of his ten-year sentence, Milken was invited to lecture on ethics in business at the University of California, Los Angeles
To critics, however, Milken remained an icon of the money-mad 1980s, a financial wizard driven by the promise of vast wealth to push the limits of securities law The one-time billionaire reemerged from prison with $300 million from his days as the king of junk bonds, which he used entrepreneurially
in the education market, most notably as the brainchild behind Knowledge Universe, a company that owned several other education training and consulting companies, including the popular Leap-frog Enterprises (makers of LeapPad learning aids)
Additionally, Milken became more visible in his philanthropic endeavors, particularly favoring pros-tate cancer research and Milken creations such as the Milken Family Foundation, the Milken Institute, and Mike’s Math Club
FURTHER READINGS Bailey, Fenton 1992 Fall from Grace: The Untold Story of Michael Milken Secaucus, N.J.: Carol Pub Group.
Fischel, Daniel R 1995 Payback: The Conspiracy to Destroy Michael Milken and His Financial Revolution New York:
HarperBusiness.
Platt, Harlan D 2002 The First Junk Bond: A Story of Corporate Boom and Bust Washington, D.C.: Beard.
CROSS REFERENCES Investment; Stock; Stock Market.
80 BONDS
Trang 4traded on inside information, and bribed
investment managers Milken’s image was
further complicated by his having worked with
the stock baron Ivan F Boesky, who had been
convicted of INSIDER TRADING In April 1990, in
Securities & Exchange Commission v Milken,
1990 WL 455346, Fed Sec L Rep ¶ 95,200
(S.D.N.Y April 24, 1990), Milken pleaded guilty
to six felonies, including CONSPIRACY, securities
FRAUD, and aiding and abetting the filing of a
false document with the SECURITIES AND
EX-CHANGE COMMISSION At the time of the initial
settlement, Milken agreed to pay $600 million
in fines and reparations In November 1990
federal judge Kimba M Wood sentenced
Milken to ten years in prison Milken served
only two years of his sentence behind bars
Problems have also arisen with bonds issued
by governments For example, when
Califor-nia’s Orange County issued $169 million in
municipal bonds in June 1994, future taxes and
other general revenues were expected to pay for
the interest and principal of the bonds But on
December 6, 1994, the county filed Chapter
Nine petitions inBANKRUPTCYcourt The county
could not pay the bondholders, because the
money that had been set aside for them had been
depleted By 1995, losses in the Orange County
investment pools approached $1.7 billion
Representatives of the county found themselves
in court, being sued by the company that
represented investors In In re County of Orange,
179 B.R 185, 26 Bankr Ct Dec 1050 (Bankr
C.D Cal 1995), the bankruptcy court denied
bondholders’ claims to county revenues derived
after the Chapter Nine filing The interests of
bondholders were seriously injured
Nevertheless, bonds continue as popular
investments Junk bonds, especially, have
regained favor as a means for earning
consid-erable returns The relatively high interest rates
of junk bonds have entailed risks for buyers,
but Wall Street analysts have argued that the
rewards of these investment vehicles outweigh
the dangers Indeed, the bond market in
general has even thrived in times of economic
crisis
FURTHER READINGS
Geisst, Charles R 1992 Entrepot Capitalism Santa Barbara,
CA: Praeger.
Morris, Kenneth M 2004 The Wall Street Journal Guide
to Understanding Money and Investing New York:
Fireside.
Platt, Harlan D 2007 The First Junk Bond New York: Beard Books.
Yago, Glenn 1991 Junk Bonds New York: Oxford Univ Press.
CROSS REFERENCE Securities.
BONHAM’S CASE SeeENGLISH LAW“Dr Bonham’s Case” (In Focus)
BOOK VALUE The current value of an asset The book value of an asset at any time is its cost minus its accumulated depreciation (Depreciation reflects the decrease in the useful life of an asset due to use of the asset.) Companies use book value to determine the point at which they have recovered the cost of an asset
The net asset value of a company’s securities
This is calculated by subtracting from the com-pany’s total assets the following items: intangible assets (such as goodwill), current liabilities, and long-term liabilities and equity issues This figure, divided by the total number of bonds or of shares of stock, is the book value per bond or per share of stock
The calculation of book value is important
in determining the value of a company that is being liquidated For example, if a corporation has 100,000 shares of stock issued and out-standing and its assets total $5 million and its intangible assets and all liabilities total $1.6 million, its net ASSETvalue is $3.4 million and its book value per share is $34
BOOKING The procedure by which law enforcement officials record facts about the arrest of and charges against a suspect such as the crime for which the arrest was made, together with information concerning the identification of the suspect and other pertinent facts
This information is written down on the policeBLOTTERin the police station The process
of booking may also include photographing and fingerprinting
BOOKKEEPING The process of systematically and methodically recording the financial accounts and transactions
of an entity
Double-entry bookkeeping is an accounting system that requires that for every financial transaction there must be a debit and a credit
When merchandise is sold for cost, there is a debit to cash and a credit to sales
BOOKKEEPING 81
Trang 5BOOTSTRAP DOCTRINE
A principle in the resolution of conflict of laws that prevents a party from bringing an action in one state’s court in an attempt to collaterally attack the final judgment from another state’s court The doctrine is based upon the principle of res judicata, which prevents a party from litigating a jurisdic-tional claim that has already been resolved by
a prior, final decision, or if the litigants had an opportunity to raise the issue and challenge the other court’s lack of jurisdiction and failed to do so
FURTHER READINGS Cavers, David F 1985 The Choice of Law: Selected Essays, 1933–1983 Durham, NC: Duke Univ Press.
Hay, Peter 2005 Conflict of Laws 5th ed St Paul, Minn.:
Thomson West.
Suber, Peter “Section 20 Other Selected Paradoxes and Reflexivities in Law.” Available online at http://www earlham.edu/~peters/writing/psa/sec20.htm#F; website home page: http://www.earlham.edu (accessed August
28, 2009).
CROSS REFERENCE Res Judicata.
BORDEN, LIZZIE The trial of Lizzie Borden shows the effect that public opinion can have on the life of an accused person, regardless of the outcome of a fair trial
Lizzie Borden was born July 19, 1860 She was a plain, outspoken woman who lived with her father, stepmother, and sister in a house on Second Street in Fall River, a small industrial city located in southeastern Massachusetts
According to local rumors, the Borden family was not noted for its harmonious relationships
Andrew Borden was a quiet, unpleasant man who had two daughters, Lizzie and Emma, by a previous MARRIAGE, and who had married his present wife in 1865 Neither Lizzie nor Emma favored the union and animosity existed among the three Borden women
On August 4, 1892, the residents of Fall River were shocked and frightened by the brutal
ax murders of Andrew Borden and his wife The killings were committed at the Borden home in daylight Emma Borden was out of town, but Lizzie discovered her father’s body on the couch
in the living room; she immediately sent a servant, Bridget, for help Upon their return, Bridget and a neighbor found the body of Lizzie’s stepmother in an upstairs bedroom
The town was in an uproar and the news-papers seized the opportunity to sensationalize
an already lurid story Lizzie became the prime suspect, and throughout Fall River, speculation spread about her actions on that fatal day, suggesting that Lizzie attacked her stepmother and afterward carefully cleaned the ax and changed her clothes She then did her normal housework until her father returned from town
to take a nap on the couch While he slept, Lizzie killed him, and again cleaned the ax and her clothing Chemical tests did not provide any substantial evidence because the alleged
MURDER weapon, the ax, was cleaned so thoroughly
The story of the murders was embellished with continued fragmented reports of Lizzie’s behavior One source claimed that Lizzie was devoid of any emotion when the corpses were found; another witnessed Lizzie in the act of burning a dress shortly after the murders were committed; still another stated that the suspect had attempted to purchasePOISONas recently as one day before the killings The condemning public showed Lizzie no mercy, and some unknown rhymer composed a grotesque verse relating the events The still familiar rhyme reads as follows:
Lizzie Borden took an ax And gave her mother forty whacks;
When she saw what she had done She gave her father forty-one
Lizzie Borden.
AP IMAGES
82 BOOTSTRAP DOCTRINE
Trang 6An INQUEST was held five days after the
discovery of the murders, and Lizzie was
subsequently arrested The trial began in New
Bedford, Massachusetts, in June 1893, and
lasted 13 days Those days were filled with
contradictory accounts of the crime, but the
main point of contention concerned Lizzie’s
assertion that she was in the barn at the time the
murders were committed, between 11:00 a.m
and 11:15 a.m An ice cream vendor
corrobo-rated Lizzie’s story by testifying that he had seen
theDEFENDANTleaving the barn at the
aforemen-tioned time The DEFENSE attorney argued
brilliantly on his client’s behalf—the evidence
was mostly circumstantial—and the jury found
Lizzie Borden not guilty of the murder of her
parents
Lizzie Borden was acquitted by the jury but
not by the public After her death on June 1,
1927, in Fall River, she was still not exonerated
in the public mind; she is famous only in
connection with the bloody events of August 4,
1892
FURTHER READINGS
Hoffman, Paul Dennis 2000 Yesterday in Old Fall River:
A Lizzie Borden Companion Durham, NC: Carolina
Academic.
Masterton, William L 2000 Lizzie Didn’t Do It! Boston:
Branden.
Ortiz, Catalina 1997 “Defense Has the Edge: New Trial,
Same Verdict: Lizzie Borden ‘No Murderer.’” Chicago
Daily Law Bulletin 143 (September 17).
Robertson, Cara W 1996 “Representing ‘Miss Lizzie’:
Cultural Convictions in the Trial of Lizzie Borden ”
Yale Journal of Law & the Humanities 8 (summer).
vBORK, ROBERT HERON
Robert Heron Bork, conservative legal scholar,
author, and former federal APPELLATE judge,
was one of President Ronald Reagan’s most
controversial nominees for the U.S Supreme
Court
When Bork was nominated to the Supreme
Court in July 1987 his opponents ridiculed him
as an archconservative who wanted to take away
the rights and freedoms enjoyed by the political
mainstream They may have been surprised to
learn that Bork began his career at the other
end of the political spectrum Born March 1,
1927, in Pittsburgh, Bork spent his high school
and college years as a socialist He attended
the University of Chicago, where he received
his bachelor’s degree in 1948 In 1952, as a
University of Chicago law student, Bork was a
NEW DEALliberal supporting ADLAI STEVENSONfor president Eventually, however, his political philosophy changed to embrace free-market
LIBERTARIANISM: the law and economics program
at the University of Chicago, a bastion of free enterprise research and laissez-faire economic theory, convinced Bork that government should not intervene in the economy
Bork received his law degree in 1953 After serving two hitches in the U.S Marine Corps
he practiced for a large law firm in Chicago, where he specialized in ANTITRUST LAW In 1962 Bork accepted a position teaching antitrust and
CONSTITUTIONAL LAW at Yale University At Yale
he developed his doctrine of “original intent and judicial restraint,” which stated that courts can protect only the rights that are guaranteed
in the Constitution; all other rights are subject
to limitation by Congress and the legislatures
In deciding which rights are to be afforded constitutional protection, courts must be guided
by the ORIGINAL INTENT of the Constitution’s Framers For example, the FOURTEENTH AMEND-MENT was intended to grant EQUAL PROTECTION
under the laws to black citizens; therefore, Bork argued, it cannot be used to approve or mandate
AFFIRMATIVE ACTIONfor women
President RICHARD M NIXON appointed BorkSOLICITOR GENERALin 1973 Later that year,
Robert Bork COURTESY OF THE HUDSON INSTITUTE
[LAW IS]
VULNERABLE TO THE WINDS OF INTELLECTUAL OR MORAL FASHION,
WHICH IT THEN VALIDATES AS THE COMMANDS OF OUR MOST BASIC CONCEPT
—R OBERT B ORK BORK, ROBERT HERON 83
Trang 7by order of Nixon and at the request of the attorney general, who had resigned in PROTEST
against the order, Bork fired Special Prose-cutor ARCHIBALD COX at a crucial stage of the
WATERGATE investigation Those events came to
be known as the Saturday Night Massacre In
1977 Bork returned to Yale, and in 1981 he left Yale for private practice in Washington, D.C
The following year President Reagan appointed him to the U.S Court of Appeals, District of Columbia Circuit On July 1, 1987, Bork was nominated to the Supreme Court to replace retiring associate justice Lewis F Powell Jr
Over the years, Bork criticized many Su-preme Court decisions In a 1963 article in The New Republic, Bork attacked the proposed Public Accommodations Act—which became title II of the Civil Rights Act of 1964 (78 Stat
2441, 42 U.S.C.A § 2000a)—as an infringement
of the right of free association Eight years later,
in an article in the Indiana Law Journal, Bork summarized his view of the Constitution and pointed out Court decisions that, in his opinion, were unconstitutional He declared that the Constitution provided no unwritten protections and therefore guaranteed no right to privacy, contrary to what the Court had established in
GRISWOLD V.CONNECTICUT, 381 U.S 479, 85 S Ct
1678, 14 L Ed 2d 510 (1965) Privacy, Bork said, was a free-floating right not derived in
a principled fashion from the Constitution If
no right of privacy existed in Griswold, then, according to Bork, the landmarkABORTION case
ROE V.WADE410 U.S 113, 93 S Ct 705, 35 L Ed
2d 147 (1973) was wrongly decided
Similarly unprincipled, said Bork, were the decisions of the WARREN COURT that affected
voting practices and established the principle
of “one person, one vote.” Bork also said poll taxes (devices often used to keep poor blacks from voting in the South) were not necessarily unconstitutional In addition, according to Bork, theFIRST AMENDMENT should protect only political speech When he was solicitor general, Bork criticized Shelley v Kraemer, 334 U.S 1,
68 S Ct 836, 92 L Ed 1161 (1948), a landmark civil rights decision that outlawed the enforce-ment of restrictive covenants in the courts Finally, Bork publicly expressed his belief that
it would be healthy to reintroduce RELIGION
into the public schools
In the summer of 1987 the United States witnessed the most contentious Supreme Court confirmation battle in the 200-year history of the Constitution The battle over Bork’s confir-mation turned into a fight-to-the-finish for ideological control of the Court and in a very real sense for the Constitution itself Bork was a prolific legal scholar who had left a vast“paper trail” for his opponents to pore over in the search for ammunition to block his appoint-ment to the Court While leaders of the political right such as the Reverend Jerry L Falwell and Pat Robertson praised Bork as a savior for
a “morally misguided” Court, a coalition of prominent civil rights and other organizations, including the National Association for the Advancement of Colored People (NAACP), Com-mon Cause, People for the American Way, the
NATIONAL ORGANIZATION FOR WOMEN, the National Abortion Rights Action League, and the AMERI-CAN CIVIL LIBERTIES UNION, came together quickly
to fight the nomination LOBBYING efforts on both sides of the struggle were aggressive
◆
◆
2003 Coercing
Virtue published
1996
Slouching Towards Gomorrah
published
◆
1990 The
Tempting
of America
published
2000 Appointed professor at Ave Maria School of Law
◆
◆
1977 Returned to Yale Law School faculty
◆
1987 U.S.
Senate rejected Bork nomination
to the U.S.
Supreme Court
1988 Resigned from court of appeals;
became resident scholar at American Enterprise Institute
1982 Appointed to U.S Court of Appeals, District of Columbia Circuit by President Reagan
◆
1973 Appointed solicitor general
by President Nixon
◆
1962 Joined Yale Law School faculty
◆
1953 Earned J.D from U of Chicago Law School; joined the Marines
◆
1948 Earned bachelor’s degree from University
of Chicago
❖
1927 Born,
Pittsburgh, Pa.
1950–53 Korean War
1961–73 Vietnam War
2008 A Time to Speak
published
2000 1975
1950 1925
84 BORK, ROBERT HERON
Trang 8Clearly, both liberals and conservatives saw
the Bork nomination as the culmination of all
previous showdowns between the left and the
right throughout the Reagan administration
Liberals were particularly determined to stop
the nomination Despite evidence to the
con-trary, the White House continued to insist that
Bork was a moderate conservative like Justice
Powell and a model practitioner of judicial
restraint
Bork’s confirmation hearing before the
SENATE JUDICIARY COMMITTEE in September 1987
seemed to hurt his appointment more than
any criticisms since the announcement of his
nomination His TESTIMONY further stirred his
critics to label Bork as much further to the right
on the political and legal spectrum than many
Americans In addition, during the hearings,
Bork revised or backed down from some of his
previous positions, which seemed to indicate
that he was willing to change his mind in order
to gain the nomination Commentators believe
that this helped convince many undecided
senators to vote against him On October 6
the Senate Judiciary Committee rejected Bork’s
nomination by a vote of 9–5 In a vote by the
full Senate on October 23, Bork’s nomination
to the Supreme Court was rejected by a margin
of 58 to 42
Critics of original intent saw Bork’s
rejec-tion as a victory for the perceprejec-tion of the
Constitution as a “living” instrument, to be
adapted to human needs by a judiciary with
sufficient discretion to decide what public values
are important enough to protect from majority
rule Bork’s supporters called him a victim of
liberal attacks
Bork resigned from the court of appeals in
1988 and joined the American Enterprise
Institute forPUBLIC POLICYResearch, a prominent
Washington-based think tank As a senior
fellow at the Institute, Bork continued to write
and comment on U.S law and society Bork
published numerous articles and has been a
frequent legal commentator on various
televi-sion shows
In books such as The Tempting of America:
The Political Seduction of the Law (1990), The
Antitrust Paradox: A Policy at War with Itself
(2d ed 1993), and Slouching towards Gomorrah:
Modern Liberalism and American Decline (1996),
Bork espoused his strongly conservative views
He advocated CENSORSHIP of certain rap lyrics
as well as explicit sexual material found on the
INTERNET He has written that liberals and feminists have helped to destroy the morality
of the United States and that there is a relationship between illegitimate births and crime rates
In June 2007 Bork and several others authored an amicus brief on behalf of Scooter Libby (convicted on several counts involving the leaking of CIA agent Valerie Plume’s identity) arguing that there was a substantial constitu-tional question regarding the appointment of the prosecutor in the case, reviving the debate that had previously resulted in the Morrison v
Olson decision Bork’s most recent book, A Time to Speak: Selected Writings and Arguments, was published in late 2008
FURTHER READINGS Abraham, Henry Julian 1999 Justices, Presidents, and Senators: A History of the U.S Supreme Court Ap-pointments from Washington to Clinton New York:
Rowman & Littlefield.
Bork, Robert H 2008 A Time to Speak: Selected Writings and Arguments Wilmington, Delaware: Intercollegiate Studies Institute.
——— 2003 Coercing Virtue: The Worldwide Rule of Judges.
Washington, D.C.: AEI Press.
——— 1990 The Tempting of America: The Political Seduction of the Law New York: Simon & Schuster.
Kutler, Stanley I 1992 The Wars of Watergate: The Last Crisis of Richard Nixon New York: Norton.
Pertschuk, Michael, and Wendy Schaetzel 1989 The People Rising: The Campaign against the Bork Nomination.
New York: Thunder ’s Mouth Press.
Sager, Lawrence 1990 “Back to Bork.” New York Review of Books (October 25).
vBOSONE, REVA BECK Reva Beck Bosone was Utah’s first woman judge and the first woman elected to the House of Representatives from that state
Bosone was born April 2, 1895, in American Fork, Utah, the only daughter among the four children of Christian M Beck and Zilpha Chipman Beck Her father was of Danish extraction, and her mother was a descendant
of the 1847 Mormon pioneers and of the Mayflower pilgrims After attending elementary and high schools in American Fork, Bosone went to Westminster Junior College, in Salt Lake City, and in 1919 received her bachelor of arts degree from the University of California
at Berkeley She married Harold G Cutler
in 1920 They were divorced one year later
IF A LEGISLATOR
IS A WEAKLING WHO SUCCUMBS TO THE LUSH CROONING OF CERTAIN LOBBYISTS,
BLAME THE CONSTITUENCY,
WHICH SHOULD HAVE BEEN MORE INTERESTED IN SENDING A QUALIFIED CANDIDATE
—R EVA B OSONE BOSONE, REVA BECK 85
Trang 9From 1920 to 1927 she taught in several Utah high schools
Inspired by her mother’s ADMONITION that
a country is no better than its laws, Bosone decided that the best way to serve all the people was to become a lawmaker Bosone was one of two women who entered the University of Utah College of Law in 1927 to“read law” While she was studying law, Bosone married fellow law school classmate Joseph P Bosone in 1929 In
1930 she became the fourth woman to graduate from the University of Utah law school In the same year she gave birth to a daughter and opened her own law practice
In 1931, after her husband graduated from law school, the couple established the law firm
of Bosone and Bosone in Helper, Utah In 1932 Bosone became a candidate for the state legislature After conducting a door-to-door campaign with her two-year-old daughter in her arms, she was elected to the Utah House of Representatives from Carbon County Bosone was reelected in 1934 and in 1935 was elected majority leader She became the first woman member of the influential Sifting (Rules) Com-mittee, as well as its chairman As a member of a group known as the“Progressive Bloc” Bosone played an integral role in the passage of a minimum wage-and-hour law for women and children and of the Utah child labor CONSTITU-TIONAL AMENDMENT Her efforts in these areas were aided byFRANCES PERKINS, labor reformer and U.S
secretary of labor, and from Eleanor Roosevelt, wife of PresidentFRANKLIN D.ROOSEVELT
After leaving the Utah Legislature in 1936, Bosone returned to private practice for a short time before being elected a Salt Lake City judge
in police and traffic court In her judicial position, to which she was reelected until 1948, she instituted what were then extraordinary traffic fines: $300 for drunken driving and
$200 for reckless driving During her tenure on the bench traffic cases more than tripled but only three appeals from her judgments were sustained At the same time Bosone, theorizing that alcoholism was an illness rather than a moral failing, began to refer offenders to Alcoholics Anonymous and to make efforts to institute a government program for treating alcoholics
Bosone, who divorced her husband in 1940, remained active touring a number of states
as chair of a WORLD WAR II Civilian Advisory Committee and serving on the Salt Lake County Welfare Commission In 1945 she was an
“official observer” at the founding conference
of theUNITED NATIONSin San Francisco
In 1948 Bosone defeatedINCUMBENTWilliam
A Dawson and became the U.S representative from the Second Congressional District of Utah
At the time there were eight other women in the House of Representatives and one in the Senate While serving in the House, Bosone was the first woman appointed to the Interior Committee In 1950, Bosone was reelected after defeating Ivy Baker Priest a Republican who later became the second woman to hold the position of U.S Treasurer After her reelection Bosone pushed for legislation to remove Native Americans from government guardianship and sponsored water and soil conservation initiatives for the West
Bosone ran for reelection in 1952 and in
1954 but was defeated both times by former
❖
1895 Born,
American Fork,
Utah
◆
1919 Graduated from University of California at Berkeley
1914–18 World War I
1932 Elected to Utah House of Representavtives
1936 Elected to Salt Lake City judgeship as Utah's first woman judge
1939–46 World War II
1940 Won reelection
to judgeship
1948–52 Served as Utah's first woman representative
in the U.S House
of Representatives
1953 Served
as moderator
on TV
program, It's
a Woman's World
1950–53 Korean War
1961–73 Vietnam War
1968 Retired from public office
1977 Her Honor, the Judge, TV
documentary on Bosone, aired
1961 Appointed to the Contract Board of Appeals for the U.S Post Office
❖
1983 Died, Vienna, Va.
1925
86 BOSONE, REVA BECK
Trang 10incumbent Dawson The campaigns, conducted
in the nervous atmosphere of the COLD WAR,
were hard-fought with Bosone facing charges of
accepting kickbacks and being a Communist
sympathizer After her loss in 1954 she returned
to PRIVATE LAW practice until 1958, when she
became legal counsel for the Subcommittee of
Safety and Compensation of the House
Com-mittee on Education In 1961 Postmaster
General J Edward Day appointed her a judicial
officer and chairwoman of the Contract Board
of Appeals for the U.S Post Office Department
In this position, which she held until her
retirement in 1968, Bosone was authorized to
make final decisions for the department in
OBSCENITYcases andFRAUDcases
Throughout her professional life Bosone
had a special interest in the problems of
alcoholism and juvenile delinquency Her work
in these areas resulted in her being elected to
Utah’s Hall of Fame in 1943 In 1947 and 1948
she was director of the Utah State Board for
Education on Alcoholism Previously, during
World War II, she was an active member of the
United War Fund Committee of Utah and of
the Veterans Central Welfare Committee
Bosone was a pioneer in the use of television
as a communication medium In 1953 she
moderated a program called It’s a Woman’s
World, which received the Zenith Television
Award for excellence in local programming
Her long and distinguished career was
high-lighted in a 1977 television documentary, Her
Honor, the Judge
Bosone received numerous recognitions
and awards for her contributions to the worlds
of law and politics In 1965 her name was on the
list of possible nominees for the U.S Supreme
Court The University of California at Berkeley
conferred on her the Distinguished Service in
Government Award in 1970 and Westminster
College awarded her an honorary doctor of
humanities degree in 1973 Also in 1973 she
received an award for her efforts to raise the
status of women in Utah In 1977 she received
an honorary doctorate from the University of
Utah Bosone died in Vienna, Virginia, on July
21, 1983
FURTHER READINGS
Drachman, Virginia G 1998 Sisters in Law: Women Lawyers
in Modern American History Cambridge, MA: Harvard
Univ Press.
Matthews, Glenna 1994 The Rise of Public Woman:
Woman’s Power and Woman’s Place in the United States, 1630–1970 New York: Oxford Univ Press.
National Education Association Journal 1949 April.
“Representative Reva Bosone of Utah.” Historical Highlights.
Office of the Clerk, U.S House of Representatives.
Available online at http://clerk.house.gov/art_history/
index.html?action=view&intID=301; website home page: http://clerk.house.gov (accessed July 8, 2009).
“Utah History to Go Reva Beck Bosone.” Available online
at http://historytogo.utah.gov/people/utahns_of_achie-vement/revabeckbosone.htm; website home page:
http://historytogo.utah.gov (accessed July 8, 2009).
CROSS REFERENCES Alcohol “Alcoholics Anonymous” (Sidebar); Perkins, Frances;
Roosevelt, Anna Eleanor.
BOSTON MASSACRE SOLDIERS The Boston Massacre, March 5, 1770, was an event that exemplified the growing tension between the American colonies and England that would subsequently result in the outbreak of the Revolutionary War
In 1767 the English Parliament had levied
an import tax on tea, glass, paper, and lead
The duties were labeled the Townshend Acts—
part of a series of unpopular taxes directed at the colonists without their representation
The colonists retaliated with attacks on English representatives and officials, and troops were dispatched to America to restore order The agitation between the colonists and the English soldiers increased, reaching a climax on the evening of March 5
An apprentice antagonized an English soldier
on guard duty and the soldier cuffed the boy on the ear with his firearm The incident drew a gathering of hostile colonists, and the guard, alarmed at the size of the mob, called for help
The chief officer of the unit, Captain Thomas Preston, arrived with seven men In an instant several shots were fired into the crowd of colonists: three men were killed at once; two more died later
The city of Boston braced itself for more violence; Lieutenant Governor Thomas Hutch-inson calmed the crowd by promising the
INCARCERATION of the guilty soldiers to be followed by a trial forMURDER
Political leader Samuel Adams was influen-tial in building a public case against the soldiers through his bombastic speeches and newspaper articles He published a pamphlet that related the events of the violent evening as told by
BOSTON MASSACRE SOLDIERS 87