◆ 1853 Graduated from Dane Law School at Harvard 1891 Argued doctrine of "limited powers" of government before the Supreme Court in In re Dupre 1883 The Proposed Codification of Our Comm
Trang 1representation Hruska went on to note that not all Supreme Court judges could be Brandeises, Frankfurters, and Cardozos
A slim majority of senators refused to support a jurist who failed to meet high standards On April 8, 1970, the Senate voted 51–48 to reject Carswell’s nomination Despite Nixon’s dogged insistence that Carswell was a qualified candidate, 13 Republican senators voted against his confirmation
Nixon defended his unsuccessful nominee
Refusing to admit his candidate’s shortcomings, the president claimed that Carswell was opposed
by the Senate because he was a conservative southerner and a believer in the“strict construc-tion,” or literal interpretation, of the U.S
Constitution Nixon’s third nominee, HARRY A
BLACKMUN, of Minnesota, met with Senate
approv-al and was confirmed without major incident
Shortly after his defeat Carswell resigned from the federal appeals court and announced his candidacy for U.S senator from Florida
Carswell’s senatorial bid did not succeed and he returned toPRIVATE LAWpractice in Tallahassee
Carswell died in 1992
FURTHER READINGS Dean, John W 2001 The Rehnquist Choice: The Untold Story
of the Nixon Appointment that Redefined the Supreme Court New York: Free Press.
Levy, Leonard 1974 Against the Law: The Nixon Court and Criminal Justice New York: Harper & Row.
U.S Senate Committee on the Judiciary 1974 A Judge on Trial New York: Da Capo.
CARTEL
A combination of producers of any product joined together to control its production, sale, and price,
so as to obtain aMONOPOLY and restrict competi-tion in any particular industry or commodity
Cartels exist primarily in Europe, being illegal in the United States underANTITRUST LAWS Also, an association by agreement of companies or sections
of companies having common interests, designed
to prevent extreme or UNFAIR COMPETITION and allocate markets, and to promote the interchange
of knowledge resulting from scientific and techni-cal research, exchange of patent rights, and standardization of products
In war, an agreement between two hostile powers for the delivery of prisoners or deserters, or authorizing certain nonhostile intercourse between each other that would otherwise be prevented by the state of war, for example, agreements between enemies for intercommunication by post, tele-graph, telephone, or railway
Although illegal in the United States, foreign cartels influence prices within the United States
on imported and smuggled goods that they control The United States has sued the De Beers diamond cartel several times, and works
to stop the flow of illegal narcotics, whose production and distribution are largely con-trolled by drug cartels
vCARTER, JAMES COOLIDGE James Coolidge Carter was a lawyer and leading legal scholar and philosopher of the late nineteenth century
Born into a poor family on October 14, 1827,
in Lancaster, Massachusetts, Carter attended Derby Academy in Hingham, Massachusetts
In 1846 he entered Harvard College An outstanding student, he graduated fourth in his class in 1850 He then moved to New York City
to work as a private tutor and to study law He returned to Cambridge a year later and enrolled
in what was then known as the Dane Law School
James Coolidge Carter 1827–1905
1827 Born,
Lancaster, Mass.
◆
1853 Graduated from Dane Law School at Harvard
1891 Argued doctrine of
"limited powers" of government before the Supreme Court
in In re Dupre
1883 The Proposed Codification of Our Common Law published
1905 Died, New York City
1861–65 U.S Civil War
1895 Defended the constitutionality of income tax
before the Supreme Court in Pollock v Farmers' Loan
& Trust Co.
1875 Appointed to commission charged with devising a plan for city governments in New York State
1914–18 World War I
◆
◆
1907 Law: Its Origin, Growth, and Function published posthumously
1913 Sixteenth Amendment ratified, authorized income taxes
THE FUNCTION OF
LAW [IS] THE
MARKING OUT OF
THE LARGEST AREA
WITHIN WHICH EACH
INDIVIDUAL COULD
MOVE FREELY AND
ACT WITHOUT
INVADING THE LIKE
FREEDOM IN EVERY
OTHER—THAT IS,TO
INSURE THE LARGEST
POSSIBLE FREEDOM
268 CARTEL
Trang 2at Harvard, graduating in 1853 Carter was then
admitted to the New York state bar and clerked
briefly before founding the firm of Scudder and
Carter He remained associated with the firm for
the next fifty-two years
Carter quickly emerged as a highly skilled and
sought-after lawyer He also became a prominent
leader of the New York bar, helping to form the
Association of the Bar of the City of New York and
serving as the association’s president for five
terms He had a strong interest in municipal
reform and in 1875 he was appointed by the
governor to a commission charged with devising a
plan of government for the cities of New York
State He also helped found the National
Munici-pal League and was its president for nine years
Later in his career Carter achieved national
prominence as president of the AMERICAN BAR
ASSOCIATION from 1894 to 1895 and for his
appearance as counsel for the United States before
the Bering Sea Fur-Seal Tribunal ofARBITRATIONin
1893 Carter’s opening argument before the
tribunal in Paris reportedly lasted seven days
In addition to his involvement in municipal
affairs, Carter devoted his energies to organizing
opposition to a proposed civil code for the state
of New York Carter had long been an opponent
of the code of procedure, which had been part
of the law since 1846, calling it an
embarrass-ment to the practicing bar In 1883 he authored
The Proposed Codification of Our Common Law,
a widely distributed pamphlet outlining his
views, which was influential in the code’s
eventual defeat in the state legislature Carter
believed that any scheme to reduce the law to
statutes was fundamentally unsound and simply
could not be carried out Even if it could be
accomplished, he argued, codification was
undesirable because “[l]aw is not a command
or body of commands, but consists of rules
springing from the social standard of justice or
from the habits and customs from which that
standard has itself been derived.” He went on to
write and speak extensively on the issue of
codification throughout his life and his lectures
were published after his death as Law: Its Origin,
Growth, and Function (1907)
Carter strongly believed in restraints on
legislative powers and he applied his legal
philosophy to important cases he argued before
the U.S Supreme Court In In re Dupre, 143 U.S
110, 12 S Ct 374, 36 L Ed 93 (1891), Carter
argued that Congress lacked the authority to prohibit as criminal the use of the mails for the circulation of lottery tickets According to Carter, the federal government could use the powers granted to it by the Constitution for only limited purposes, and to exceed such limits through the law in question usurped the powers reserved to the states under theTENTH AMENDMENT Carter’s doctrine of“limited powers” would be used by other lawyers and scholars to restrict congressio-nal control over interstate commerce and taxes
Carter again argued for a limited govern-ment role in Smyth v Ames, 169 U.S 466, 18 S
Ct 418, 42 L Ed 819 (1898), in which the U.S
Supreme Court considered whether Nebraska could force its railroads to lower their shipping rates in an attempt to ease economic conditions for farmers Carter, one of several prominent lawyers representing the railroads, maintained that the shipping charges should be determined not by the state but by“laissez-faire” economics and free competition, which would prevent the imposition of high rates The Court struck down the law at issue as unconstitutional, but also set guidelines for rate regulation by the states so that future court challenges could be avoided
Carter created somewhat of a stir among his fellow legal scholars when, in what initially appeared to be a drastic departure from his usual views, he joined a team of other promi-nent lawyers to defend the constitutionality of
anINCOME TAXbefore the U.S Supreme Court in Pollock v Farmers’ Loan & Trust Co., 158 U.S
601, 15 S Ct 912, 39 L Ed 1108 (1895) Carter argued that the legislature’s action in passing the tax must be given due weight and should not be subject to review by a judicial tribunal Just as government should play a limited role, he contended, the courts’ role should be likewise restricted He argued that the courts should refrain from engaging in “judicial lawmaking”
and said, “nothing could be more unwise and dangerous—nothing more foreign to the spirit
of the Constitution—than an attempt to baffle and defeat a popular determination by a judgment in a lawsuit… the only path to safety
is to accept the voice of the majority as final.”
The Supreme Court went on to strike down the general income tax enacted by Congress and held that taxes on income derived from REAL ESTATEand PERSONAL PROPERTY constituted direct taxes and thus must be apportioned among the states according to population The decision was
Trang 3effectively negated by the adoption and ratifica-tion in 1913 of theSIXTEENTH AMENDMENT, which exempted income taxes from the Constitution’s apportionment requirement, but Pollock was nevertheless long remembered because of the fervor with which it was argued by Carter and the other attorneys involved
After his retirement from the PRACTICE OF LAW, Carter devoted his time to writing and studying and remained a popular lecturer until his death in 1905 at the age of 78
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.
Grossman, Lewis A 2002 “James Coolidge Carter and Mugwump Jurisprudence ” Law and History Review 20,
no 3 (fall) Available online at http://www.history cooperative.org/journals/lhr/20.3/forum_grossman.html;
website homepage: http://www.historycooperative.org (accessed July 11, 2009).
Johnson, John W., ed 2001 Historic U.S Court Cases: An Encyclopedia 2d ed New York: Routledge.
vCARTER, JAMES EARL, JR
As the 39thPRESIDENT OF THE UNITED STATES,JIMMY CARTER represented a historical change in national politics He was the first modern president to be elected from the Deep South
Following a successful career in Georgia—
where he was a peanut farmer, state senator, and then governor—Carter entered the White House in January 1977 as a political outsider at
a time of distrust in elected officials His Baptist upbringing guided him in his vision of the office
as a post to be used for the nation’s moral leadership However, his presidency was one of only limited success in both its domestic and international endeavors, and voters rejected him for a second term in 1980 by electing RONALD REAGANin a landslide that marked a new era of Republican control of the EXECUTIVE BRANCH After leaving Washington, D.C., Carter began a revitalized public life as a prominent human rights activist and diplomat, addressing pro-blems of war, famine, and repression around the globe
The small farming town of Plains, Georgia, was Carter’s birthplace on October 1, 1924 James Earl Carter Sr., a veteran ofWORLD WAR I, farmed cotton and had a general store He was conservative, strict, and a firm believer in his son, whom he nicknamed“Hot,” for Hotshot— because, Carter said, “Daddy never assumed I would fail at anything.” Lillian Gordy Carter was
a registered nurse As devout Baptists, the parents expected much from Carter and their three other children Religion meant steadfast-ness and a call to charity, as Carter’s mother demonstrated by caring for patients without charge Archery, their community, was predom-inantly African American The young Carter worked and played with his black neighbors and, like them, lived without household plumb-ing or electricity The experience, along with the virtues of hard work, frugality, and aspiration taught by his parents, shaped the politician he
James Earl Carter Jr 1924–
◆
1924 Born,
Plains, Ga.
1939–45 World War II
1950–53 Korean War
1961–73 Vietnam War
1962–66 Served
in Georgia state senate
1984–87 Began work with Habitat for Humanity;
established Jimmy and Rosalynn Carter Work Project
1946 Graduated from Annapolis;
entered U.S.
Navy Officer corps
1953 Returned
to Plains, Ga.
1970 Elected governor of Georgia
1993 Traveled to Africa to assist in innoculations
◆◆
2008 Monitored elections
in Nepal
1997 Met Palestinian leader Yasser Arafat in Plains, Ga.
1999 Awarded, with wife Rosalynn Carter, the Presidential Medal of Freedom
2001 An Hour Before Daylight: Memoirs of a Rural Boyhood published
2002 Awarded Nobel Peace Prize; first U.S president to visit Cuba since Fidel Castro seized power in 1959
◆
1982 Joined faculty of Emory University in Atlanta; Keeping Faith: Memoirs of a President published; founded The Carter Center
◆
1980 Defeated in reelection bid by Ronald Reagan
◆
1979 Brokered peace treaty between Egypt and Israel; Iranian militants seized U.S embassy in Tehran
◆
1976 Elected 39th president of U.S.
2003 U.S.
invasion of Iraq
2009 We Can Have Peace in the Holy Land published
270 CARTER, JAMES EARL, JR.
Trang 4later became After graduating at the top of his
high school class, Carter paid for college with
money he had earned and invested by selling
peanuts as a boy
Carter’s ambition was naval service
Prepar-ing to enter the U.S Naval Academy at Annapolis,
Maryland, he studied mathematics at Georgia
Southwestern College and then the Georgia
INSTITUTE of Technology In 1943 he entered
Annapolis; he graduated in the top tenth of his
class with a bachelor of sciences degree Soon he
married a long-time acquaintance, Rosalynn
Smith, and began in earnest to pursue his career
in the U.S Navy He worked as an instructor, saw
battleship and submarine duty, and ultimately
qualified as a sub commander He served as
senior officer aboard the Sea Wolf, the navy’s
second atomic submarine He left the service in
1953 after attaining the rank of lieutenant
The decision to walk away from a promising
career came when Carter faced a personal
crossroads His father had died, leaving a
powerful legacy: The one-time cotton farmer
had become a successful warehouse operator,
peanut seed seller, and, finally, member of the
Georgia House of Representatives Carter now
followed his father’s example in business and
politics In his first year as a peanut farmer, he
scratched out an income of $200, yet soon the
business flourished Success in political life took
longer Carter quickly became active in civic
affairs He opposed SEGREGATION, scorned the
local White Citizen’s Council, and tried to
integrate his church In the 1950s South, such
views spelled trouble When he ran for the
Democratic nomination for the state senate in
1962 his opponents stuffed ballot boxes to defeat
him Only after a long legal fight did a court
invalidate the nomination because ofFRAUDand
turn it over to Carter He won the election
State politics established Carter nationally
In two terms as a state senator, from 1962 to
1966, his political philosophy was traditionally
liberal yet also bore the mark of a technocrat: He
advocated CIVIL RIGHTS, welfare, and open
government, while insisting on careful
budget-ing to ensure fiscal responsibility In 1966, his
first run for the governor’s office failed but
he won the election in 1970 Representing
broad political and social changes shaping the
region, Carter’s governorship helped shake
Georgia out of its segregationist past; he
appointed African Americans to state
govern-ment and fostered biracial cooperation through
citizens groups As an administrator he special-ized in micromanagement, ordering frequent, strict review of all publicly funded programs By
1974 Carter was rising within the national
DEMOCRATIC PARTY His exposure grew as he served as chairman of its campaign committee, and, fulfilling an ambition that began with his election as governor, announced his candidacy for president
Carter’s campaign message was integrity
The United States had just suffered through the
VIETNAM WAR and the WATERGATE scandal, pro-ducing widespread cynicism concerning elected officials Carter’s opponent,GERALD R.FORD, had pardoned Nixon, the man behind Watergate
Carter positioned himself as an honest, openly religious man beyond the political intrigues
of Washington The peanut-farmer-turned-governor seemed to promise a new voice in government and a new set of ideals At the start
of the campaign voters responded eagerly:
Carter and his running mate, Walter F Mon-dale, led the incumbent, GERALD FORD, and his running mate, Bob Dole, by 30 percentage points By election day, however, the race was a dead heat Carter won by the smallest margin since the first World War—57 ELECTORAL COLLEGE votes The new president walked along Pennsylvania Avenue in his inaugural parade, making a symbolic gesture that would be repeated in the thoroughly populist trappings
Jimmy Carter.
JIM SPELLMAN / WIRE-IMAGE / GETTY WIRE-IMAGES
AMERICA DID NOT INVENT HUMAN RIGHTS IN A VERY REAL SENSE…
HUMAN RIGHTS INVENTEDAMERICA
Trang 5of the Carter White House—fireside chats and radio call-in shows, simple furnishings, and fewer limousines.“We must adjust to changing times,” he said in his inaugural speech, “and still hold to unchanging principles.”
Carter’s domestic policies focused on civil rights, welfare, tax reform, and budgetary control Almost immediately, however, two major domestic concerns began to dictate his agenda One was the nation’s energy supply In the late 1970s a severe energy crisis produced the worst fuel shortage in U.S history coupled with rising international prices for oil Congress cooperated with Carter’s remedies by approving fuel conservation policies, deregulating natural gas prices, and passing a windfall tax on oil company profits He did not get everything he wanted: A federal court blocked his attempt to decontrol domestic oil prices and Congress denied him authority for gasoline rationing The second major problem was the economy, which worsened over the course of his term His efforts to fight inflation—especially controls on consumer credit—produced a recession Voters grew disgruntled His approval rating fell and a July 1979 speech in which he blamed the nation’s problems on a spiritual “malaise” was disastrous: afterward, a New York Times poll showed that for the first time ever, U.S citizens, who traditionally had responded 2–1 that they were optimistic about the future, now said nearly 2–1 that they were pessimistic
Foreign policy gave Carter triumphs and failures He made human rights a top priority in the relationships between the United States and foreign nations, directing SECRETARY OF STATE
Cyrus R Vance to set a new standard: Social and economic rights were to be as important as political and civil rights Liberals praised the policy; conservatives attacked it as muddled and inconsistently applied Critics were divided over
a controversial treaty with Panama to relinquish control of the Panama Canal by 2000, a move the U.S Senate barely approved Carter’s indisputable triumph was a peace treaty he secured between long-time enemies Israel and Egypt But he took much of the blame for a
SEIZUREof the U.S Embassy in Tehran by Iranian militants in November 1979 A military rescue mission in 1980 failed and the 52 U.S.HOSTAGES
were released only after Carter left office
Further weakening the presidency were scandals within the administration Andrew Young, his ambassador to the UNITED NATIONS,
resigned amid revelations that he had secretly met members of the Palestine Liberation Organization, in violation of U.S policy Bert Lance, director of theOFFICE OF MANAGEMENT AND BUDGET, also resigned in disgrace; he was charged withUNETHICAL CONDUCT in his former banking career And Carter’s brother, Billy Carter, caused the president embarrassment Often seen as a comical figure who had cashed
in on Carter’s fame by lending his name to a drink called “Billy Beer,” Billy was revealed to have conducted business with Libya, an enemy nation A Senate subcommittee report on the incident blamed Carter for not reining in his brother
By late 1980 Carter had the lowest approval rating of any U.S president in modern history Even after an extensive cabinet shake-up, his administration was in disarray Critics lambasted his policies and, particularly, his methods: He was considered to be too mired
in details to execute bold decisions Editorial cartoonists frequently lampooned him as either
a country bumpkin or a hapless, childlike figure, echoing the prevailing sentiment that Carter was incapable of running the country
To make matters worse the Democratic Party effectively deserted him Senator EDWARD M
KENNEDY(D-Mass.) nearly captured the party’s presidential nomination and his supporters gained control of the party’s platform over Carter’s objections Republicans sensed a bloodbath, and they got it in Ronald Reagan’s landslide victory
Typical of the post-Carter-era assessments was that of historian Burton I Kaufman, whose
1993 book, The Presidency of James Earl Carter, scathingly judged Carter as “lacking in leader-ship, ineffective in dealing with Congress, incapable of defending America’s honor abroad, and uncertain about its purpose, priorities and sense of direction.” Carter’s defenders have largely chosen to blame his 1980 loss on intractable national problems that he did not create as well as on the overwhelming popularity
of his opponent.“He didn’t have the charisma
of a Reagan,” Thomas P “Tip” O’Neill Jr., former Democratic Speaker of the House, observed.“He couldn’t pull it off.” Some inside observers saw Carter’s presidency as less a failure than a poor match of his abilities The author Hendrik Hertzberg, a former Carter speechwriter, argued,“He was, and is, more of a moral leader than a political leader.”
272 CARTER, JAMES EARL, JR.
Trang 6Although Carter’s return to Georgia after his
1980 defeat might have been ignominious, it
proved otherwise After his departure from
Washington, Carter immersed himself in
schol-arly and humanitarian pursuits He worked at
Emory University as a professor and later as a
visiting lecturer In conjunction with Emory he
established the Carter Center which is a
nonprofit organization dedicated to advocating
for human rights, conflict resolution, and the
enhancement of democracy, along with the
creation of initiatives to improve health
Carter and his wife, Rosalynn, are
particu-larly committed to providing housing for those
who are in need, both in the United States and
abroad They work closely with the nonprofit
group Habitat for Humanity, and they
estab-lished the Jimmy and Rosalynn Carter Work
Project, which dedicates one week per year to
building houses in a designated location The
2009 Project focused on Thailand, Cambodia,
Laos, and Vietnam; other previous locales
include India, Mexico, South Africa, and the
United States.“This is the kind of thing I enjoy
doing The alternative is to loaf around the
house and spend my time playing golf or
fishing,” Carter told a Canadian newsweekly
Always the diplomat, Carter remained a
force in world affairs with human rights as his
focal point He monitored elections in Central
America; negotiated further peace in the Middle
East; supervised inoculation programs for
children in Africa and elsewhere; and traveled
on diplomatic missions to North Korea, Bosnia,
Haiti, and the Sudan In 1999, President BILL
CLINTON presented Carter and former first lady
Rosalynn Carter with the nation’s highest
civilian award, the Presidential Medal of
Freedom
Traveling as a private citizen, Carter visited
Cuba in May 2002 and met with President Fidel
Castro Carter, who had voiced his opposition
to the continuing embargo of Cuba by the
United States, expressed his interest in meeting
with religious groups and human rights
acti-vists His efforts to mend relations with Cuba
did not prevent Carter from criticizing Cuba’s
communist system He openly promoted the
Valera Project, a reform movement proposed by
Cuban dissidents calling for social change and
such basic rights as free speech
Carter also continues to be a prolific author
While teaching at Emory, he wrote several
books whose topics ranged from politics to poetry In 2001 Carter published a well-received autobiography titled An Hour before Daylight:
Memories of a Rural Boyhood, which was nominated for the Pulitzer Prize With the release of his historical novel The Hornet’s Nest,
in 2003, Carter became the first president to publish a work of fiction
In December 2002 Carter was presented with the Nobel Peace Prize The selection committee noted Carter’s tireless efforts to help bring about the 1979 Camp David peace accord between Israel and Egypt as well as his consistent attempts to mediate and ameliorate international problems In his acceptance speech, Carter explained that he has come to see the concept of peace as one that embraces the need for shelter, food, health care, and the opportunity for economic development
Carter continues his work with the Carter Center, committed to advancing human rights and alleviating unnecessary human suffering
His most recent book, published in early 2009,
is We Can Have Peace in the Holy Land: A Plan That Will Work Before that, 2006 saw another title dealing with his hope for peace in the Middle East, which was Palestine: Peace Not Apartheid
FURTHER READINGS The Carter Center Available online at www.cartercenter org (accessed August 13, 2009).
Bourne, Peter G 1997 Jimmy Carter: A Comprehensive Biography from Plains to Post-Presidency New York:
Scribner.
Carter, Jimmy 1982 Keeping Faith: Memoirs of a President.
New York: Bantam Books.
Gaillard, Frye 2007 Prophet from Plains: Jimmy Carter and His Legacy Athens, GA: Univ of Georgia Press.
“Jimmy Carter Says Adios to Cuba.” May 17, 2002 CBSnew com: World Available online at www.cbsnews.com/
stories/2002/05/12/world/main508729.shtml (accessed August 13, 2009).
Jimmy Carter Work Project Available online at www.
habitat.org/jcwp/2009 (accessed August 13, 2009).
vCARTER, ROBERT LEE Robert Lee Carter is a federal district court judge who, as counsel for the National Associa-tion for the Advancement of Colored People (NAACP), played a pivotal role in the SCHOOL DESEGREGATIONcases of the 1950s Carter argued
BROWN V.BOARD OF EDUCATION, 347 U.S 483, 74 S
Ct 686, 98 L Ed 873 (1954), before the U.S
Supreme Court
THEBROWN DECISION WAS HISTORIC,NOT BECAUSE OF WHAT IT HAS ACCOMPLISHED
IN THE FIELD OF EDUCATION,BUT BECAUSE OF THE TRANSFORMATION IT HAS MADE IN THE WHOLE COMPLEX OF RACE RELATIONS IN THIS COUNTRY
Trang 7Carter was born March 11, 1917, in Caryville, Florida As a child he moved to New Jersey, where he attended public schools in Newark and East Orange He received his bachelor of arts degree from Lincoln University,
in Pennsylvania, in 1937, then went on to earn a bachelor of laws degree from Howard University Law School, graduating magna cum laude in
1940 He also earned a master of laws degree from Columbia University in 1941
With WORLD WAR II heating up, Carter entered the Army Air Force where he encoun-tered racism andSEGREGATION During his time
in the army he pressed charges against two white soldiers who had harassed him with racial slurs
He also refused to live off base as black soldiers were required to do Because of his outspoken defiance of segregation he was transferred to a different base Later he successfully defended
a black soldier charged with raping a white woman In retaliation for his participation in the case he was given an administrative discharge, which is neither honorable nor dishonorable and leaves the recipient open to being drafted
He enlisted the help of his mentor and former law professor,WILLIAM H.HASTIE, who would later become the first African American to sit as a lifetime federal judge outside the Virgin Islands
Hastie represented Carter in a petition before the discharge review board, which finally granted Carter an honorable discharge When Carter left the army, he had achieved the rank of second lieutenant
After leaving military service, Carter became assistant special counsel with the NAACP Legal Defense Fund (LDF), a position he held from 1945
to 1946 In 1948 he became director of veterans’
affairs for American Veterans (AMVETS), where
he served until 1949
In 1950 Carter returned to the NAACP and joined the fight for CIVIL RIGHTS In 1951 he brought an innovative challenge to the separate-but-equal doctrine when he summoned social scientist Kenneth B Clark as a witness for the plaintiffs in Briggs v Elliott (98 F Supp 529 [E.D.S.C 1951]) Clark testified that his research with black children indicated that their self-image and self-esteem were damaged by any system that separated them from their white peers, whether the system was equal or not At the time, this was highly unorthodox evidence
to present at trial Although the court ruled against the plaintiffs in Briggs, “by holding that segregation of the races in the public schools, as required by the federal constitution and South Carolina state law, was not of itself a denial of theEQUAL PROTECTION of the laws guaranteed by the Fourteenth Amendment,” Clark’s testimony had set the stage for the arguments that would
be presented in Brown and other school desegregation cases Briggs was later appealed with several other cases, including Brown, which Carter argued and won His victory in Brown established him as a preeminent civil rights attorney and he went on to participate in the appeals of scores of other cases
Carter continued as an assistant special counsel with the NAACP until becoming general counsel in 1956 He remained with the NAACP for 13 more years before leaving to enter private practice During his years of practice Carter argued 22 cases before the Supreme Court, winning all but one
In 1972 President RICHARD M NIXON
appointed Carter to be a U.S district judge for the Southern District of New York During his long and distinguished career, Carter has received numerous awards and recognitions
Robert Lee Carter 1917–
◆
◆
◆
◆
1914–18
World War I
1917 Born, Caryville, Fl.
1941 Joined Army Air Force
1945–46 Served as special counsel with NAACP Legal Defense Fund
1939–45 World War II
1950–53 Korean War
1961–73 Vietnam War
1954 Argued
Brown v Board
of Education
before U.S.
Supreme Court
1971 Public school busing
to achieve integration began
1972 Appointed U.S district judge for the Southern District of New York
1978 U.S Supreme Court
rejected racial quotas in Regents
of the University of California
v Bakke
2004 Received Thurgood Marshall Lifetime Achievement Award
1986 Assumed status of senior judge
2001 Presided over the trial of former Teamsters Union president Ron Carey
1995 Received Federal Bar Council’s Emory Buckner Medal for Outstanding Public Service
274 CARTER, ROBERT LEE
Trang 8He was named a Columbia University Urban
Fellow (1968–69) and has served as an adjunct
professor at New York University Law School
(1965–70), Yale University (1975–77), and the
University of Michigan Law School (1977) In
1991, he served as a Shikes Fellow at Harvard
University He holds honorary degrees from
numerous institutions including Howard
Uni-versity School of Law; Lincoln UniUni-versity, in
Pennsylvania; Northeastern University; and the
College of the Holy Cross Carter was a
recipient of Howard University’s Alumni Award
for Distinguished Postgraduate Achievement In
1995, the Federal Bar Council awarded its
Emory Bucknor Medal for Outstanding Public
Service to Judge Carter
In December 1986 Carter became a senior
judge on the court and since then, has
continued to be actively involved in a number
of important cases One example included a
25-year-old discrimination case where a New
York City sheet metal workers union was
ordered to make millions of dollars in back
pay to minority workers who claimed that they
were denied work opportunities In 2001 Carter
presided over the four-week trial of former
Teamster president Ron Carey on federal
PERJURYcharges The trial, which was interrupted
by the September 11, 2001, attack on the World
Trade Center, ended in an ACQUITTALfor Carey
Along with his work on the bench, Carter
also continues to lecture in the United States
and abroad, publish articles and essays in
numerous publications, and sit on boards,
committees, and task forces devoted to ending
discrimination and furthering social justice In
2004 Carter received the THURGOOD MARSHALL
Lifetime Achievement Award
FURTHER READINGS
“Judge Carter and the Brown Decision” Available online at
<www.oah.org/pubs/nl/2004feb/sullivan.html> (accessed August 13, 2009).
Principle over Pragmatism ” New York Law Journal
197 (January 2).
“NAACP Awards 2004 Spingarn Medal to Judge Robert L.
Carter ” Available online at www.naacp.org/news/2004/
2004-06-15.html (accessed August 13, 2009).
Wise, Daniel 1989 “Judge in Princeton-Newport: ‘Flinty, With Keen Moral Sense ’” New York Law Journal 201 (June 19).
CROSS REFERENCES Marshall, Thurgood; Warren Court.
vCARTER, THOMAS HENRY Thomas Henry Carter, born October 30, 1854,
in Scioto County, Ohio, concentrated his career efforts in Montana He pursued legal studies and relocated to Helena in 1882 where he established a successful law practice
In 1889 Montana was admitted as a state to the United States, and Carter became its first representative to participate in Congress In this capacity he favored less stringent laws concerning homesteaders In 1890 he became commissioner of the general land office and was able to put his views into effect, to the advantage of the Western settlers In 1892 he was the presiding officer of the Republican National Committee and directed the unsuc-cessful reelection campaign of PresidentBENJAMIN HARRISON
Carter entered a new phase of his career in
1895 when he became a U.S senator He represented Montana until 1901 and again from
1905 to 1911 During his tenure he supported
Thomas Henry Carter 1854–1911
❖
1854 Born, Scioto
County, Ohio
1861–65 U.S Civil War
◆
1882 Moved to Helena, Montana;
established law practice
◆
◆
1890 Appointed commissioner of the general land office by President Harrison
1889 Montana admitted
to U.S statehood
1895–1901 Served first term in U.S.
Senate
1904 Reelected to second term in U.S Senate 1911 Died, Helena, Montana
1910 Glacier National Park established
1914–18 World War I
OUR CONSTITUENTS ARE NOT CHILDREN
YOU ARE DEALING WITH A GOOD,
HUSKY,LUSTY,
VIGOROUS BODY OF PEOPLE,WHO KNOW SOMETHING ABOUT THEIR OWN BUSINESS AND ARE DETERMINED
TO HAVE THEIR RIGHTS
Trang 9various policies, including bimetallism—the use
of both gold and silver as the foundation of the currency system; CIVIL SERVICE legislation; a protective TARIFF on raw materials—such as wool, lumber, and lead; and a postal savings system He also worked extensively in the field
of conservation and was instrumental in the establishment of Glacier National Park Carter died September 17, 1911, in Helena
CASE
A general term for any action, cause of action, lawsuit, or controversy All the evidence and testimony compiled and organized by one party in
a lawsuit to prove that party’s version of the controversy at a trial in court
CASE AGREED ON
An action in which the parties submit a formal written enumeration of facts that they both accept
as correct and complete so that a judge can render
a decision based upon conclusions of law that can
be drawn from the stated facts
The parties must agree on all material facts upon which their rights are to be determined
They do not, however, agree upon the legal effects of those facts; therefore, the action
presents aJUSTICIABLEcontroversy, which makes
it a matter for judicial determination The need for a jury trial is obviated because there are no questions of fact presented for resolution
A case agreed on is also known as an
AMICABLE ACTION, aCASE STATED, or aFRIENDLY SUIT
CASE IN CHIEF The portion of a trial whereby the party with the burden of proof in the case presents its evidence The term differs from a rebuttal, whereby a party seeks to contradict the other party’s evidence Case
in chief differs from “case” in that the latter term encompasses the evidence presented by both the party with the burden of proof and the party with the burden of rebutting that evidence
FURTHER READINGS Glannon, Joseph W 2008 Civil Procedure: Examples and Explanations 6th ed Frederick, MD: Aspen.
Kane, Mary Kay 2007 Civil Procedure in a Nutshell 6th ed.
St Paul, MN: West Law School.
Roth, Leonard M 2000 “Rules Regarding Trial and Trial Testimony ” FindLaw for Legal Professionals Available online at http://library.findlaw.com/2000/Aug/1/127636 html; website home page: http://library.findlaw.com (accessed August 29, 2009).
CROSS REFERENCES Burden of Proof; Rebut.
CASE LAW Legal principles enunciated and embodied in judicial decisions that are derived from the application of particular areas of law to the facts
of individual cases
As opposed to statutes—legislative acts that proscribe certain conduct by demanding or prohibiting something or that declare the legality of particular acts—case law is a dynamic and constantly developing body of law Each case contains a portion wherein the facts of the controversy are set forth as well as the holding and dicta—an explanation of how the judge arrived at a particular conclusion In addition, a case might contain concurring and dissenting opinions of other judges
Because the U.S legal system has a common-law system, higher court decisions are binding
on lower courts in cases with similar facts that raise similar issues The concept ofPRECEDENT, or
STARE DECISIS, means to follow or adhere to previously decided cases in judging the case
Thomas Henry
Carter.
LIBRARY OF CONGRESS.
276 CASE
Trang 10at bar It means that appellate case law should be
considered as binding upon lower courts
CASE METHOD
A system of instruction or study of law focused
upon the analysis of court opinions rather than
lectures and textbooks; the predominant method
of teaching in U.S law schools today
CHRISTOPHER COLUMBUS LANGDELL, a law
pro-fessor, often receives credit for inventing the
case method although historians have found
evidence that others were teaching by this
method before him Regardless, Langdell by all
accounts popularized the case method
Langdell viewed the law as a science and
believed that it should be studied as a science
Law, he said,
consists of certain principles or doctrines To
have such a mastery of these as to be able
to apply them with constant facility and
certainty to the ever-tangled skein of human
affairs, is what constitutes a true lawyer; and
hence to acquire that mastery should be the
business of every earnest student of law
Each doctrine, Langdell said, arrived at its
present state by slow degrees, growing and
extending through centuries Langdell’s beliefs
differed from those of his law professor
colleagues Throughout the 1800s the prevalent
approach for teaching law school classes was the
lecture method Although professors and
text-books interpreted the meaning of various court
decisions, they did not offer a significant
opportunity for students to do so on their
own The case method, on the other hand,
forced students to read, analyze, and interpret
cases themselves It was Langdell’s opinion that
law students would be better educated if they
were asked to reach their own conclusions
about the meaning of judicial decisions
Langdell’s ideas were, at first, overwhelmingly
rejected by students, other law professors, and
attorneys alike These critics viewed the case
method as chaotic compared with organized
lectures They believed that instead of soliciting
law students’ opinions regarding cases, professors
should simply state their own interpretations
Law students, afraid that they were not learning
from Langdell’s method, dropped out of his class,
leaving him with only a few pupils Enrollment in
the Harvard Law School decreased dramatically
because of concern over Langdell’s case method
and alumni called for his dismissal
But the president of Harvard University, Charles W Eliot, supported Langdell and his case method This backing allowed Langdell to withstand the criticism long enough to prove the case method’s success: Langdell’s students were becoming capable, skilled attorneys In
1870 Langdell became law school dean As time passed he replaced his critics on the Harvard faculty with professors who believed in his system of teaching and the case method soon became the dominant teaching method at Harvard Other U.S law schools took note By the early 1900s, most had adopted the case method, and it remained the primary method of legal instruction throughout the twentieth century and beyond
The case method is usually coupled with a type of classroom teaching called the Socratic method Through the Socratic method students orally respond to an often difficult series of questions designed to help them gain further insight into the meaning of the law Students learn the skill of critical analysis this way: they learn to discern relevant from irrelevant facts;
they learn to distinguish between seemingly similar facts and issues; and they learn to analogize between dissimilar facts and issues
The case method offers certain benefits For one, cases are usually interesting They involve real parties with real problems and therefore tend to stimulate students more than do textbooks with only hypothetical problems
The case method also helps students
devel-op the ability to read and analyze cases, which is
a crucial skill for attorneys Students learn to reduce cases to four basic components: the facts
of the controversy; the legal issue that the court decides; the holding, or legal resolution, that the court reaches; and the reasoning that the court uses to explain its decision Students, especially
in their first year of legal study, often outline these components in written case briefs, to which they can refer during classes and while they prepare for exams
Another advantage of the case method is that it teaches, by example, the system of legal precedence By reading cases, students learn how and why judges adhere, or do not adhere,
to law developed in previous cases Students also learn how judges have the discretion to create law by construing statutes or constitutions
The case method continues to have critics
One criticism focuses on law school