Gale Encyclopedia Of American Law 3Rd Edition Volume 2 P25 pot

Senate; first Native American senator since 1929 2003 Named Senate Deputy Majority Whip 2004 Announced resignation from Senate; returned to private practice 1998 Became first Native Amer

regardless of whether defendants wanted it.

Moreover, the burden of showing how cameras have a prejudicial effect on a given trial would fall on the defendant Chief Justice Warren E

Burger’s majority opinion cautioned, “Dangers lurk in this, as in most experiments, but unless we were to conclude that television coverage under all conditions is prohibited by the Constitution, the states must be free to experiment.”

The freedom to experiment brought cameras firmly into state courts The ABA abandoned its prohibitive stance, and more states began con-ducting experiments of their own The launch on July 1, 1991, of Court TV, a cable channel that provided televised trial coverage of newsworthy cases, sought to further legitimatize the use of cameras in the courtroom By 1995, 47 states permitted some form of televising of state trials

But in 1994, the federal court system chose otherwise The federalJUDICIAL CONFERENCE OF THE

in 1991 that permitted camera coverage of federal civil trials Most judges who participated

in the experiment, which involved six trial court districts and two appellate districts, viewed the experience favorably; in fact, a report prepared

by the Judicial Conference recommended extending camera coverage to all federal district and appellate courts But in 1994 the confer-ence voted to end the experiment without explanation Many advocates of televising federal trials blamed this decision on the excessive publicity from the 1994 pretrial

hearings in the case ofO.J SIMPSON, a popular sports and entertainment personality who was accused and later acquitted of murdering his former wife Nicole Brown Simpson and her friend Ronald Lyle Goldman

By the beginning of the twenty-first century, all 50 states allowed some level of camera presence in their courts (only the District of Columbia prohibited cameras in trial and appellate proceedings), but the rules governing when and where cameras are allowed varied enormously In New York, for example, cam-eras have been banned from criminal trials since

1952 under Section 52 of the state’sCIVIL RIGHTS

Law A 2001 challenge to the law by Court TV argued that Section 52 was unconstitutional because it violates theFIRST AMENDMENT But in

2003 Manhattan Supreme Court Justice Shirley Werner Kornreich upheld the ban on cameras, noting that televising trials could disrupt the proceedings enough to have an impact on the fairness of those trials

During the early 2000s, several proposals were introduced that would permit cameras during federal trials However, opposition to these proposals has been strong, and as of 2009, none of the proposals had passed

The U.S Supreme Court does not allow cameras in its proceedings; transcripts are made available, but not immediately In a move that surprised many, the Court allowed the release of audiotapes of its proceedings in the Florida presidential election results late in 2000 The Court deemed those hearings to be important enough to warrant a special dispensation of its normal procedures In 2003 the Court again allowed audiotapes to be released in the University of Michigan Law School AFFIRMATIVE

constitutionality of the McCain-Feingold cam-paign finance reform law The Court has emphasized that such access will only be allowed

in rare instances and only for cases it deems crucial enough As for televised Supreme Court proceedings, Chief Justice WILLIAM REHNQUIST

wrote to Senator Arlen Specter of Pennsylvania,

a proponent of television coverage, that “a majority [of the Justices] are of the view that it would be unwise to depart from our current practice.” Rehnquist has stated that he would not allow camera coverage if even one justice was opposed

The sensational 1934

trial of Bruno

Hauptmann (center)

for the Lindbergh

kidnapping created

such a disruption that

cameras were banned

from nearly all

U.S courtrooms

in 1937.

AP IMAGES

228 CAMERAS IN COURT

FURTHER READINGS

“Are We Being Fed a Steady Diet of Tabloid Television?”

1994 ABA Journal (May).

Caher, John M 2003 “Court TV Effort to End Camera Ban

Sparks Debate on Civil Rights Law ” New York Law

Journal 229 (April 23).

“Cameras in the Courtroom: Should Judges Permit

High-Profile Trials to Be Televised? ” 1995 American Bar

Association Journal (September).

Fong, Liz 2002 “Judges Restrict Camera Access in

Court-rooms ” News Media & the Law 26 (fall): 12.

“Mass Media’s Impact on Litigation, Lawyers, and Judges.”

1995 Review of Litigation (February 24).

Moyer, Bruce 2000 “House OKs Court Improvements and

Cameras in Court ” Federal Lawyer 47 (July): 12–13.

“Senate Passes Cameras-in-Court Bill.” 2001 Associated

Press (November 30).

“That’s Entertainment! The Continuing Debate over

Cameras in the Courtroom ” 1995 Federal Lawyer

(July).

CROSS REFERENCES

Courtroom Television Network; Criminal Procedure;

Freedom of the Press; Lindbergh Kidnapping

CAMPAIGN FINANCE REFORM

vCAMPBELL, BEN NIGHTHORSE

In 1992, BEN NIGHTHORSE CAMPBELL, a rancher,

teacher, judo champion, and jewelry designer

became the first Native American to serve in

the U.S Senate in more than 60 years

Campbell was born April 13, 1933, in

Auburn, California, the son of Albert Valdez

Campbell, who was part Northern Cheyenne

Indian, and Mary Vierra, a Portuguese

immi-grant His mother was a patient and occasional

employee at a tuberculosis sanitorium when she

met his father, who also worked there They were

married in 1929 and had two children, Campbell

and his sister, Alberta Campbell, who died at the age of 44, an apparent suicide

Campbell’s father was an alcoholic who frequently disappeared, leaving Campbell’s mother to support and care for the children

Campbell and his sister spent time in orpha-nages and foster homes when their mother was too sick to work and provide for them

Eventually, his father was able to work and the family opened a small grocery store, which prospered later when a freeway was built with

an exit ramp at the location of the store

When Campbell entered high school he had little sense of enthusiasm or direction concerning his education In 1950 he dropped out and joined the U.S Air Force He served in the

with the rank of airman, second class He passed the high school equivalency test to receive his general equivalency diploma, and in 1957

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1961–73 Vietnam War 1950–53

Korean War 1939–45

World War II

1933 Born,

Auburn, Calif.

1950 Dropped out of high school; joined U.S Air Force

1957 Earned B.A from San Jose State

1964 Served as captain of U.S.

Olympic Judo Team at Tokyo Olympic Games

1963 Won gold medal at Pan-American Games

1980 Enrolled as official member of Black Horse family and Northern Cheyenne tribe

1986 Elected

to U.S

House of Representatives

1982 Elected to Colo Legislature

1992 Elected to U.S Senate; first Native American senator since 1929

2003 Named Senate Deputy Majority Whip

2004 Announced resignation from Senate;

returned to private practice

1998 Became first Native American to chair the Senate Committee on Indian Affairs

1995 Switched his political affiliation from Democrat

to Republican

Ben Nighthorse Campbell.

AP IMAGES

TOLD ME THAT AT THE

THE FLAG AND THE

FLAG UNITES ALL OF

US IN THIS GREAT

—B EN C AMPBELL

graduated from San Jose State University with

a bachelor’s degree in physical education and fine arts

When he was a teenager Campbell became interested in judo and it became a driving force

in his life “Judo teaches you to persevere, to never give up,” he said “That skill is transfer-able to business, to school, to politics.” Camp-bell continued to develop his judo skill while he was in the service, and after completing college,

he moved to Tokyo, where he lived for four years, studying at Meiji University and perfect-ing his abilities In 1963 he won a gold medal at the Pan-American Games and, in 1964, he was captain of the U.S Olympic Judo Team at the Tokyo Olympic Games

Campbell’s interest in judo continued throughout his life After the 1964 Olympics

he returned to California to teach high school physical education During the summers he conducted judo camps for children He also pioneered judo instruction in physical educa-tion programs at California high schools

During this period he met Linda Price—they were married in 1966 and had two children, Shanan, also known as Sweet Medicine Woman, and Colin, whose Indian name is Takes Arrows

Eventually Campbell left his job as a physical education teacher and set up an industrial arts program at an alternative high school for troubled students He also developed

a jewelry-making class for adult Native Ameri-can students, which fueled his interest in his Native American heritage When Campbell was growing up, his father hesitated to talk about his ancestry because of his fear that the family would be subjected to discrimination But Campbell persisted, and his father finally gave him information that led him to relatives on the Northern Cheyenne reservation in Montana

There, in 1980, he was officially enrolled as a member of the Black Horse family and of the Northern Cheyenne tribe Currently he is one of

44 chiefs of the Northern Cheyenne

Campbell entered the world of politics by chance He attended a Colorado DEMOCRATIC

friend whom he thought might be there Party officials were trying to find someone willing to run for state representative from Campbell’s district against a Republican who was consid-ered a certain winner No one but Campbell was willing to take on the challenge To everyone’s

great surprise, he not only won but carried 57 percent of the vote, including 15 percent of the crossover vote from the Republican side Campbell was a Democrat whose blend of fiscal conservatism and social liberalism made him an enigma During his two terms in the Colorado Legislature he was instrumental in the passage ofLANDMARKlegislation to settle disputes over Native AmericanWATER RIGHTS Early in his political career, he learned that his positions angered extremists on both ends of the political spectrum He has little tolerance for single-issue zealots “I learned early on that the more extreme their position or ideology, the less they have in common with the majority of the electorate,” he said “[They] reduce everything

in America to a single issue They do not judge a legislator on total performance, on what that representative is doing for everybody They are concerned only with what a legislator does for them on that one single issue.”

In 1986 Campbell decided to run for the U.S House of Representatives from Colorado’s third district Because Native Americans consti-tute only two percent of the population of the district, Campbell and his campaign manager decided to downplay his heritage However, his Native American background along with his diverse credentials—high school dropout, Ko-rean War veteran, small-business owner, Olym-pic athlete, artist, truck driver, teacher, rancher, and state legislator—was a potent and irresist-ibly novel combination for both voters and the media Ordinary people could identify with him

as “one of them.” The result was a 52–48 percent win for Campbell, making him one of only six challengers nationwide to unseat an incumbent in 1986 On January 6, 1987, he stood proudly between Joseph P Kennedy II, son of the lateROBERT F.KENNEDY, andJOHN LEWIS, son of an African American Georgia sharecrop-per, to be sworn in and take his seat in the One Hundredth Congress

During his three terms as a U.S representa-tive, Campbell acted as a spokesman for all Native Americans, not just those he represented from Colorado He cosponsored legislation to establish the Museum of the American Indian at the Smithsonian Institution He also fought to have the Custer National Battlefield Monument renamed the Little Big Horn National Battlefield Monument The Montana monument, which honors the 1876 battle between General George Armstrong Custer’s Seventh Cavalry and a

230 CAMPBELL, BEN NIGHTHORSE

group of Sioux, Cheyenne, and Arapaho Indians

camped on the banks of the Little Big Horn

River, memorialized and glorified the two

hundred soldiers, including General Custer,

who perished there Until 1991 only a wooden

marker commemorated the loss of Indian lives

In 1991, largely through Campbell’s efforts,

Congress changed the monument’s name and

authorized a more prominent memorial to the

Indians who fought and died there

Toward the end of his third term as a U.S

representative, Campbell expected to retire

from politics However, in April 1992, when

Senator Timothy E Wirth (D-Colo.)

unexpect-edly announced he would not run for

reelec-tion, Campbell decided to run for Wirth’s seat

He defeated three-term governor Richard D

Lamm to gain the Democratic Party

nomina-tion, but the campaign turned out to be an

uphill struggle Campbell at one point had a

ten-point lead over his Republican opponent,

but it began to slip He became discouraged and

turned to friends for advice Their prescription

was unorthodox: they prayed for him and

performed rituals on his behalf, and advised

him to paint his body with red war paint and

carry an eagle feather at all times Campbell did

not question their wisdom; he did as they

advised, and almost immediately his ratings in

the polls improved Campbell won the election

by nearly ten percent and returned to

Washing-ton to become the first Native American senator

in over 60 years

During his first term in the Senate,

Camp-bell was appointed to five key committees:

Energy and Natural Resources; Banking,

Hous-ing and Urban Affairs; Democratic Policy;

Veterans Affairs; and Indian Affairs

In March 1995, barely two years into his

Senate term, Campbell surprised and angered

the Democratic Party by announcing that he

was switching affiliation and aligning himself

with the Republicans The Democratic Party

responded by calling Campbell a turncoat and

Benedict Campbell, and demanding the return

of $255,000 in donated funds used to help elect

him to the Senate Campbell replied that his

record of voting with the Democratic leadership

on most issues should be repayment for the

party’s support

In the 1998 elections, Campbell was

reelected by a wide margin over longtime

like Campbell, described herself as a fiscal conservative who was socially progressive In

2004 Campbell announced that he would not run for reelection, and his final Senate term ended on January 3, 2005

During his time as a senator, Campbell served as a member of four major Senate committees: the Appropriations Committee, the Energy and Natural Resources Committee, the Veterans’ Affairs Committee, and the Senate Committee on Indian Affairs He also chaired the Commission on Security and Cooperation

in Europe (Helsinki Commission) Campbell portrayed himself as a jewelry-making, Harley-riding, maverick member of Congress, but his legislative agenda become increasingly aligned with big business Environmentalists criticized Campbell for taking campaign contributions from groups financed by timber, mining, gas, and oil companies Campbell also generated controversy after sponsoring legislation to transfer a federally owned dam and reservoir

to a privately owned land consortium He failed

to disclose that he was one of the group’s largest landholders

After leaving the Senate, Campbell went to work for the law firm of Holland and Knight, LLP, where as of late 2009 he serves as a Senior Policy Advisor In 2007 Campbell designed a jewelry piece,“The Creation Pendant,” for the National Museum of the American Indian, which they sell for fundraising purposes

FURTHER READINGS Nashoba, Nuchi 1995 Ben Nighthorse Campbell, Senator &

Artist Annapolis, Maryland: Modern Curriculum Press.

Viola, Herman J 1993 Ben Nighthorse Campbell: An American Warrior New York: Orion Books.

vCAMPBELL, JOHN John Campbell, also known as First Baron Campbell, was born September 15, 1779, in Scotland He was admitted to the bar in 1806 and pursued a career in British law and politics

In 1830 Campbell entered Parliament and advocated legal reforms in real property and local government Two years later he served as

was attorney general In 1850 he performed the duties of Chief Justice of the Queen’s Bench and

in 1859 became Lord Chancellor

CAMPBELL, JOHN 231

Campbell is credited with the passage of three important pieces of legislation: the Libel Act, in 1843; the Copyright Act, in 1846; and the Obscene Publications Act, in 1857

As an author, Campbell is famous for Lives

of the Lord Chancellors, published from 1845 to

1847, and for Lives of the Chief Justices, published from 1849 to 1857 Campbell died June 23, 1861, in London, England

vCAMPBELL, JOHN ARCHIBALD John Archibald Campbell was a politician, a statesman, and anASSOCIATE JUSTICEon the U.S

Supreme Court during the turbulent years preceding the outbreak of theCIVIL WAR Born June 24, 1811, in Washington, Geor-gia, the son of a prominent landowner and lawyer, Campbell was a child of exceptional intellectual ability He entered Franklin College (now the University of Georgia) at the age of eleven and graduated at fourteen with high honors He then entered West Point but he withdrew after three years to return home and support his family following the death of his father He also studied law privately and in

1828, at the age of eighteen, he was admitted to the Georgia bar by a special act of the Georgia legislature He then moved to Alabama, mar-ried, and practiced law, first in Montgomery and then in Mobile

Widely known for his skilled arguments and his extensive knowledge of the law, Campbell quickly became a leading lawyer in Alabama He turned down two appointments to the state supreme court, the first one offered to him when he was only twenty-four An active Democrat, Campbell also found time for politics,

and in 1836 he was elected to the first of two terms in the Alabama state legislature He was a delegate to the Nashville Convention of 1850 which was convened to protect southern rights against what was viewed as the growing en-croachment of the North, especially with respect

views, prepared many of the resolutions adopted

by the convention, which were conciliatory in nature and designed to avoid inflaming passions

on the slavery issue

Campbell was nominated to the U.S Su-preme Court in March 1853 by President

after the Senate had previously refused to act on three candidates offered by the lame-duck president MILLARD FILLMORE The sitting justices

of the Court had taken the unprecedented step

of sending a delegation to the president to request that Campbell be nominated to the Court Campbell, only forty-one at the time, was confirmed unanimously

Campbell was, for the most part, a vigorous states’ rights advocate while on the Court In his dissent in Dodge v Woolsey, 59 U.S 331, 18 How 331, 15 L Ed 401 (1855), for example,

he argued against the Court’s extension of federal jurisdiction over state-chartered cor-porations Campbell believed that state legis-latures should regulate such matters However, Campbell displayed somewhat more moderate views with respect to slavery He opposed

eventually disappear on its own and be replaced by free labor if the South were left undisturbed Upon his appointment to the Court, he freed all his own slaves and then hired only free blacks as servants But

John Campbell 1779–1861

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1779 Born,

Fifshire, Scotland

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1806 Admitted to the English bar

1845–47 Lives of the Lord Chancellors

published; helped pass the Copyright Act

1857 Helped pass the Obscene

Publications Act; Lives of the Chief Justices completed

1850 Appointed chief justice

of the Queen's Bench

1837 Queen Victoria began her 64-year reign

1859 Appointed lord chancellor

1861–65 U.S Civil War 1775–83

American Revolution

◆

◆

1861 Died, London, England

1843 Helped pass the Libel Act

1830 Entered Parliament

1832 Appointed solicitor general 1834–41 Served as attorney general

◆

❖

VENERABLE TRIBUNAL

THAT DESERVES WELL

AFFECTED BY

REVOLUTIONARY

TAKE CARE THAT

THROUGH ME THIS

—J OHN C AMPBELL

232 CAMPBELL, JOHN ARCHIBALD

Campbell was nevertheless widely criticized for

his views, especially by northern abolitionists,

when he joined the majority of the Court in the

controversial Dred Scott decision InDRED SCOTT

Ed 691 (U.S Mo Dec Term 1856), the Court

held that blacks were not citizens of the United

States, with the right to sue in federal court In

his concurring opinion, Campbell contended

that the federal government had no choice but

to recognize as property whatever the laws of

the individual states determined to be

proper-ty, including slaves

In 1861 Campbell served as an unofficial

mediator between the federal government and

southern commissioners seeking a resolution to

the conflict over secession and slavery.SECRETARY

Campbell but without the authority of the

president, promised that Fort Sumter, South

Carolina, then occupied by federal troops, would

be evacuated When it was instead reinforced,

Campbell was accused of treachery by the

southern commissioners

When the Civil War later broke out and

Alabama seceded from the union, Campbell

remained loyal to his home state and resigned

from the Court in April 1861 After returning to

the South, he was appointed assistant secretary

of war for the CONFEDERACY When the

Confed-eracy collapsed in 1865, he was named to the

commission at the Hampton Roads peace

conference, which was convened to help bring

about peace between the North and South

The commission failed to reach any agreement

Campbell again attempted to intervene to bring about peace, this time through a private meeting with PresidentABRAHAM LINCOLN, which resulted in an order allowing the Virginia legislature to convene to consider Lincoln’s terms for reconstruction Within a few days the South surrendered and Lincoln withdrew his approval of the meeting, claiming that Camp-bell had misconstrued the terms of the plan

After Lincoln’s assassination Campbell was accused of TREASONand imprisoned for several months

John Archibald Campbell.

COLLECTION OF THE SUPREME COURT OF THE UNITED STATES

1811 Born,

Washington, Ga.

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1828 Moved to Alabama

1861 Resigned from Court when Civil War began

1862 Became assistant secretary of war for the Confederacy

1865 Named to Hampton Roads peace conference commission; later accused of treason and imprisoned

1861–65 U.S Civil War

1825 Graduated from Franklin College (now University of Ga.);

entered West Point

1889 Died, New Orleans, Louisiana

1856 Joined majority in

Dred Scott v Sandford decision

1836 Elected to Alabama state legislature

1853 Nominated to the U.S Supreme Court by President Pierce

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1872 Argued the

Slaughter-House

cases before the U.S Supreme Court

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Virtually all Campbell’s property and belongings in Alabama were destroyed during the war and after his release from prison he faced the prospect of starting over He decided

to settle in New Orleans, where he soon established another successful law practice along with a nationally renownedPRIVATE LAWlibrary

He appeared before the U.S Supreme Court in

a number of significant cases, including the

SLAUGHTER-HOUSE CASES, 83 U.S 36, 16 Wall 36,

21 L Ed 394 (1872) In the Slaughter-House cases, the Court considered the legality of a statute that granted a corporation chartered by the state of Louisiana the exclusive right to maintain within New Orleans all butcher shops, slaughter pens, stockyards, and stables Camp-bell, though previously known for favoring the rights of states, argued that the law created a

Fourteenth and Fifteenth Amendments of the Constitution The Court, in construing the

history, narrowly rejected Campbell’s argument

in a 5–4 decision that would be reversed twenty years later

Campbell continued to practice law for another quarter century before withdrawing to

a reclusive retirement in New Orleans He died

in 1889 at the age of seventy-seven

FURTHER READINGS Congressional Quarterly 2004 Guide to the U.S Supreme Court 4th ed Washington, D.C.: Congressional Quarterly.

Elliott, Stephen P., ed 1986 A Reference Guide to the United States Supreme Court New York: Facts on File.

Saunders, Robert, Jr 1997 John Archibald Campbell, Southern Moderate, 1811–1889 Tuscaloosa: Univ of Alabama Press.

Swisher, Carl B 2009 The Taney Period, 1836–1864 Vol 5 (Oliver Wendell Holmes Devise History of the Supreme Court of the United States) Boston: Cambridge.

vCAMPBELL, WILLIAM JOSEPH When he was named to the federal bench at age

35 in 1940,WILLIAM J.CAMPBELLwas the youngest judge ever appointed; at the time of his death,

he was the longest-tenured federal judge in the United States, with almost 50 years of service to his credit

Chicago on March 19, 1905 The son of a Scottish wool merchant, he grew up in a middle-class neighborhood on the city’s west side There, he attended St Rita High School and St Rita College After graduation, he worked as an insurance claims adjuster while enrolled in a night program at Chicago’s Loyola University law school Campbell earned his doctor of jurisprudence degree in 1926 and was admitted to the Illinois bar in 1927 He returned to Loyola in 1928 to complete a master of laws degree

Shortly after passing the bar in 1927, Campbell partnered with a longtime friend to open the law firm of Campbell and Burns The new firm’s first major client, the Roman Catholic Archdiocese of Chicago, would have

a profound influence on Campbell’s

profession-al life, introducing him to the world of Chicago Democratic politics

With the help of church leaders and prominent Chicago Catholics, Campbell formed the Young Democrats for Roosevelt in

1932, whenFRANKLIN D.ROOSEVELTwas governor

of New York and a presidential hopeful The

William Joseph Campbell 1905–1988

1905 Born,

Chicago, Ill.

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1927 Opened law firm

of Campbell and Burns

1940 Appointed U.S district judge for the Northern District of Ill.

1970 Became

a senior judge

1967 Helped establish the Federal Judicial Center

1914–18 World War I

◆

1988 Died, West Palm Beach, Fl.

1938 Appointed U.S attorney for the Northern District of Ill.

1932 Formed the Young Democrats for Roosevelt

1961–73 Vietnam War 1939–45

World War II

1942 United States v.

Haupt, three were

convicted in Nazi plot to poison Chicago's water

1950–53 Korean War

1959 Named chief judge of the U.S District Court in Chicago

1965 Helped launch federal defender program;

set up internship program for law school students

234 CAMPBELL, WILLIAM JOSEPH

powerful Chicago Democratic political machine

shunned Roosevelt and used its power to thwart

Roosevelt’s efforts to secure permits for his

campaign events Undaunted, Campbell put a

bishop in front of a Catholic Youth

Organiza-tion band and had them march through the

streets of Chicago in an “illegal parade” that

brought considerable attention to the candidate

Years later, Campbell said,“Naturally, when all

those Irish policemen saw the bishop, they

weren’t about to do anything but say hello and

salute.”

After Roosevelt’s election, Campbell

contin-ued to be an outsider in Chicago Democratic

politics, but he had clearly earned Roosevelt’s

attention and admiration In 1935 Campbell

was named Illinois administrator for the

pre-sident’s National Youth Administration

In 1938 Campbell was named U.S attorney

for the Northern District of Illinois Appointed

by Roosevelt to fight the Chicago Democratic

political machine, Campbell made the most of

the job As a young federal PROSECUTOR, he

crossed paths with many of the city’s more

colorful citizens, including notorious gangster

Al Capone, and he continually challenged the

city’s political leaders and their system of

influence

Two years later, in an effort to appease

those leaders during an election year, Roosevelt

removed Campbell as prosecutor—and

appointed him to a federal judgeship “I got

kicked upstairs,” Campbell said “[Roosevelt]

needed the machine for the election.” Campbell

was appointed U.S district judge for the

Northern District of Illinois on October 10,

1940, and he began his long judicial career on

October 22

As a prosecutor, Campbell had been part of

the team that convicted Capone ofTAX EVASION;

in his early years as a judge, he supervised

Capone’sPAROLE.“I insisted that … he never set

foot in Cook County[Illinois], and he agreed to

it,” said Campbell “I also insisted that he pay

every last nickel in taxes he owed the

govern-ment.” Capone protested by paying his millions

of dollars in back taxes in pennies Though a

Chicago bank actually counted and verified the

amount in a day, Campbell initially threatened

to do the job himself, one penny at a time—and

to make Capone sit in jail until he had finished

Only two years into his federal judgeship,

Campbell conducted one of the few treason

trials ever held in the United States (United States v Haupt, 47 F Supp 832 [N.D Ill 1942], opinion supplemented by 47 F Supp 836 [N.D

Ill 1942]) He sentenced three men to death after they had been convicted in a Nazi plot to poison Chicago’s water supply “We had to blaze a trail” in that case, he said, because there were no statutes governing such matters

Campbell said the only guidelines available were in the U.S Constitution Though an appellate court later overturned the death sentences (United States v Haupt, 136 F.2d

661 [7th Cir 1943]), Campbell often called the case a highlight of his career

Campbell was named chief judge of the U.S

district court in Chicago on April 6, 1959 In his years on the federal bench, he earned a reputation as an innovative, courageous, and practical jurist Fellow U.S district judge James

C Paine said Campbell was“the kind of judge each of us would like to be.”

When asked to hear politically charged Illinois reapportionment cases in the late 1950s, Campbell called a historic joint session between the federal court and the Illinois Supreme Court to resolve the issues Even though the state legislature had been unwilling

or unable to act, Campbell’s unique team was able to reapportion Illinois’s state and federal legislative districts to the satisfaction of most parties

In the early 1960s Campbell summoned a group of private attorneys to a luncheon There

he pointed out the financial benefit they were realizing from U.S BANKRUPTCY court case assignments He asked the group to return the favor by contributing money so that the city might provide lawyers for indigent defendants

They did.“A word from the chief judge went a long way,” said HUBERT WILL, another federal district judge in Chicago Campbell also had a knack for appropriating money for the federal judiciary Owing in large part to his efforts, the budget for the judiciary between 1960 and 1970 increased from $51 million to $117 million

Chicago’s federal defender program, result-ing from Campbell’s luncheon and gentle arm-twisting, was launched in 1965 It became a model for the nation long before programs offering free representation for indigent clients accused of committing federal crimes were mandated and funded by Congress Also in

1965, Campbell set up an internship program

ONLY CRIME DEFINED

BY THE

WAS THAT ITS AUTHORS AND ADOPTERS CONSIDERED TREASON THE HIGHEST OF ALL

—W ILLIAM C AMPBELL

for law school students A novel idea in 1965, it

is now commonplace

Campbell was equally committed to the continuing professional education of judges and supporting personnel He was a force in the establishment of the FEDERAL JUDICIAL CENTER, which is the federal courts’ agency for research and continuing education It was established by statute in 1967 as a separate organization within the federal judicial system (28 U.S.C.A 620-629) Through the Federal Judicial Center, Campbell participated in hundreds of seminars and workshops in all parts of the United States

in order to give new district judges, magistrates, bankruptcy judges, clerks of court, probation officers, and other judicial personnel the benefit

of his wisdom and experience

Campbell served as First District judge representative of the Seventh Circuit on the

1962); member of the Committee on Pretrial and Protracted Case Procedures (1941–1960);

and chairman of the Judicial Conference Committee on the Budget (1960–1970) He was the author of numerous publications, including the first manual on protracted case procedures Among the many honors accorded him were degrees from Loyola University (doctor of laws, 1955), Lincoln College (doctor

of laws, 1960), Duquesne College (doctor of letters, 1965), and Barat College (doctor of

Twice during Campbell’s first 30 years as a federal judge, he turned down an offer to sit on

an appellate court as well as an offer to return to

a lucrative PRIVATE LAW practice The appellate court was, for him, too far removed from the daily hustle of trial court

When Supreme Court justice FELIX

was certain to be appointed to the Court by PresidentLYNDON B.JOHNSON But Johnson chose

years later When asked about the missed opportunity many years later, Campbell said,

“Although I knew Johnson intimately and personally, he was bigoted enough not to want two Catholics on the Supreme Court.” Justice William J Brennan Jr was the one Catholic already on the Court

Campbell spent little time lamenting the lost Supreme Court nomination Late in 1965 he decided to take on Chicago syndicate kingpin

Sam Giancana When Giancana was asked to testify before a ChicagoGRAND JURY, he invoked

Campbell did something never done before: he gave GiancanaIMMUNITY from prosecution and ordered him to testify After Giancana refused,

he spent the next year in jail on contempt charges

In spite of his toughness onORGANIZED CRIME

and career criminals, Campbell showed com-passion for men who refused to fight in the nation’s wars When handing out sentences for draft cases duringWORLD WAR IIand theVIETNAM WAR, he often ordered the defendants to perform COMMUNITY SERVICE He did not see draft evaders as criminals and refused to treat them as such

Campbell became a senior judge on March

19, 1970, his 65th birthday Though he was eligible to retire with full pay for the rest of his life, he could not accept the thought of leaving the workforce As a senior judge, he heard cases first in Chicago, and then in the Southern District of Florida, following a move to West Palm Beach in the mid-1970s In his last years,

he devoted his time to writing opinions for the Chicago-based U.S Seventh CIRCUIT COURT of Appeals He traveled to Chicago from West Palm Beach twice a year to sit on cases there Campbell, who was seen pushing a wheel-chair full of legal briefs and court opinions into his chambers well into his 82nd year, died on October 19, 1988, in West Palm Beach, at the age of 83

CANADA AND THE UNITED STATES The United States and Canada share a unique legal relationship U.S law looks northward with a mixture of optimism and cooperation, viewing Canada as an integral part of U.S economic and environmental policy The two nations’ mutual, largely unguarded 5,000-mile border does much to explain why: Each is the other’s largest trading partner, amassing $218 billion in trade by 1992; cross-border travel is easy; and they work together on common concerns about the quality of water and air However, the relationship has not always been

so cooperative Although environmental treaties date to 1902, economic pacts have taken nearly

a century to come to fruition Traditionally, both countries warily put protectionism ahead

of mutual interest, and they have retaliated in

236 CANADA AND THE UNITED STATES

kind against tariffs, duties, and other barriers to

free trade Only in 1988 did the two enter into

the U.S.-Canada Free Trade Agreement (FTA)

(Pub L No 100-449, 102 Stat 1851), a

groundbreaking pact designed to eliminate

these barriers It paved the way for the historic

in 1993

Early relations between the two countries

were rocky In the mid-nineteenth century,

trade foundered on stubborn protectionist

policies; each country feared the economic

success of the other at its own expense The

1854 Elgin-Marcy Reciprocity Treaty (10 Stat

1089) was intended to open up trade on natural

resources, but it barely lasted a decade Its

failure prompted Canada to spend fruitless

years trying to loosen U.S trade restrictions

before formulating, in 1879, a national policy of

high tariffs by which it hoped to force the

United States back to the negotiating table But

the table remained empty for nearly a century

The only trade agreement between the two

nations was the GENERAL AGREEMENT ON TARIFFS

first reached in 1947 The generality of the

GATT accords did little to address the specific

issues facing these two trading partners, and it

caused Canada, in particular, frustration But

U.S prosperity throughout the mid-twentieth

century meant it could afford to ignore Canadian complaints

The two were more willing toNEGOTIATEon environmental concerns The LANDMARK agree-ment in this area is the Boundary Waters Treaty

of 1909 It established the International Joint Commission (IJC) to address the issues of water resource management, a set of concerns re-ferred to as transboundary issues because of the two nations’ common border Made up of technical specialists from various federal, state, and provincial governments of the United States and Canada, the IJC has authority to approve joint projects and to investigate complaints

Since the 1970s its duties have expanded as the result of the Great Lakes Water Quality Agreements that established goals for restoring the damaged ecosystem of the Great Lakes

Contemporary concerns facing the IJC include water levels, pollution, acid rain, and climate changes, with a growing emphasis on the use and maintenance of river systems Critics generally agree that the success and innovation

of this commission represent a model for international cooperation

Despite progressive solutions to environ-mental problems, it took the United States and Canada until the late 1980s to forge better economic ties The slow progress toward open trade was due to mutual suspicions and a long

On December 12,

2001, the Canada-U.S Smart Border Declaration was signed with the intention of addressing secuirty risks at crossings along the 5,525-mile border.

AP IMAGES CANADA AND THE UNITED STATES 237