Soon after declaring his candidacy, he attacked Hollywood for making movies that “revel in mindless violence and loveless sex.” Dole called for making English the nation’s official lan-g
Trang 1amenable to SERVICE OF PROCESS unless it has a substantial and regular relationship with the state comparable to the residency of an individual, such as having its corporate head-quarters in the forum state In cases involving subsidiary corporations, the intrastate business engaged in by a subsidiary is sufficient to make its parent corporation amenable to process in the state because the parent corporation is deemed to be doing business in the state
The laws of each state must be consulted
to determine whether a foreign corporation
is doing business within a state to make it amenable to process therein
The phrase doing business is sometimes used in the assessment of local taxes upon a nonresident corporation in jurisdictions other than the place of its incorporation in which it engages in business
vDOLE, ROBERT JOSEPH Robert Joseph“Bob” Dole overcame childhood poverty and a wartime injury that left him partially paralyzed to become one of the most powerful players in national politics The Republican majority leader from Kansas often won praise from Republicans and Democrats alike for finding a middle course through difficult issues His long career in national politics put him at the center of major legislative debates; and whether in budgetary, social, or foreign policy matters, he often bridged party differences These battles made him not only a skilled negotiator but, by the 1990s, the most
powerful leader in his party His politics were generally characterized by economic conserva-tism, support for CIVIL RIGHTS, and moderation
on social issues In addition to being a vice presidential candidate in 1976, Dole mounted three presidential campaigns, in 1980, 1988, and 1996
Robert Joseph Dole 1923–
1923 Born,
Russell, Kans.
❖
1943–48 Served
in U.S Army
1945 Earned Purple Heart after
being seriously injured
◆ ◆
◆
◆
◆
1950–53 Korean War
1961–73 Vietnam War
1960–68 Served in U.S House
1971 Appointed RNC chair
1976 Ran for vice president with Ford
1984 Elected Senate majority leader
1988 Ran for Republican presidential nomination
1996 Retired from Senate to run for president;
lost election
to Clinton
1968–96 Served in U.S Senate
1980 Ran for Republican presidential nomination
2003 Joined law firm Alston & Bird, Atlanta, Ga.
1998–99 Co-chaired bipartisan commission studying federal Independent Counsel Statute
1997 Awarded Presidential Medal of Freedom
1999 Federal Independent Counsel Act allowed to expire
2000 Wife Elizabeth Dole lost bid for Republican presidential nomination
2002 Elizabeth Dole elected U.S senator, North Carolina
2005
One Soldier's Story:
A Memoir
published
2000 1975
1950
1939–45 World War II
◆
◆
◆
◆
1925
Bob Dole.
STAN HONDA/AFP/GETTY IMAGES
528 DOLE, ROBERT JOSEPH
Trang 2The values of Dole’s working-class family
informed his upbringing He was born on July
22, 1923, in Russell, Kansas, the son of an egg
and cream station owner, Doran Ray Dole, and
a traveling sewing machine saleswoman, Bina
Talbot Dole An athletic young man, Dole
excelled in football, basketball, and track He
worked at several jobs and wanted to be a
doctor At age 18, he enrolled in the pre-med
program at the University of Kansas Drafted
two years later, in 1943, he found himself
fighting in Italy.WORLD WAR IIhad almost ended
in April 1945 when a shell hit him on
the battlefield, smashing his neck, shoulder,
and spine Doctors thought he would be
crippled But Dole’s persistence through three
years of operations and therapy brought an
amazing recovery His only permanent
dis-abilities are a lack of control of his right
arm and hand, and partial loss of control of
his left
The 25-year-old survivor was transformed
With new earnestness, he finished his
under-graduate studies at the University of Arizona
and earned a law degree with honors from
Washburn University of Topeka
Law quickly led to politics Dole served
one term in the Kansas Legislature in 1951, and
for the remainder of the decade worked as a
national politics in 1960 with election to the
U.S House of Representatives, where he won
reelection every two years through 1968 Dole
advocated fiscal conservatism while supporting
limited welfare spending He voted against the
disabled persons and to farmers He strongly
backed civil rights legislation, a position from
which he never wavered throughout his career
His model in politics—and the figure who
ultimately became his mentor—was RICHARD
election to the U.S Senate in 1968 gave President
Nixon a vociferous supporter, and earned Dole
the post of Republican National Committee
(RNC) chairman in 1971
The 1970s and 1980s brought Dole
promi-nence in national politics One reason for this
was his marriage in 1975 to Elizabeth Hanford,
an accomplished Harvard graduate who later
held the posts of secretary of transportation
and secretary of labor Dole’s chairmanship of
the RNC also brought dividends In 1976 PresidentGERALD R.FORDchose Dole as his vice presidential running mate in an unsuccessful bid for reelection The 1976 race whetted Dole’s appetite for more, and he mounted his own campaign for president in 1980, losing out to
In 1984 Dole was elevated to Senate majority leader Although his function in this role was to deliver party loyalty on votes in the Senate, he also became a strong supporter of President Reagan During the Iran-Contra scandal, Dole took a leading role in damage control He made public reassurances and traveled the United States to rally support for the president
Dole made another bid for president after Reagan’s departure in 1988 This unsuccessful struggle for the Republican nomination against Vice President George H W Bush revealed what many critics had long seen as a mixed blessing in Dole: his acerbic tongue This had appeared as an issue as early as 1976, when, while campaigning as Gerald Ford’s running mate, Dole had ridiculed Democratic candidate
1988, again while campaigning, he lashed out at George H W Bush on national TV, saying Bush had lied about him The attack on Bush raised some speculation about whether Dole could control his temper
In 1996 Dole’s third run for the White House was characterized by a rightward shift
Soon after declaring his candidacy, he attacked Hollywood for making movies that “revel in mindless violence and loveless sex.” Dole called for making English the nation’s official lan-guage, returned the campaign contribution of a gay Republican organization (later calling the move a mistake), and quit attending a United Methodist church that conservative critics had denounced as excessively liberal
More crucially, perhaps, Dole’s ideas on economics now resembled those that he had found untenable in President Reagan The senator who had won bipartisan praise for a
1982 tax compromise now told voters,“We can cut taxes and balance the budget at the same time.” And less apparent was his trademark willingness to compromise: Throughout late
1995 and early 1996, Dole and House Majority Leader Newt Gingrich (R-Ga.) engaged in a budget deadlock with President BILL CLINTON
THE GOVERNMENT CANNOT DIRECT THE PEOPLE,THE PEOPLE MUST DIRECT THE GOVERNMENT
—B OB D OLE
Trang 3that forced a shutdown of the federal govern-ment He lost the 1996 election to Clinton
Although he retired from elective politics in
1996, Dole remained active In 1997 President Clinton awarded Dole the Presidential Medal
of Freedom, the nation’s highest civilian award
That same year, Dole was appointed chair of the International Commission on Missing Persons,
an organization established to help find infor-mation on the fates of thousands of persons missing in the former Yugoslavia; and chair of the National World War II Memorial, the first national memorial dedicated to those who served in World War II He also helped establish
University of Kansas In 1998 he campaigned
in 37 states for Republican candidates; in 2000
he was active in George W Bush’s campaign for the presidency; and in 2002 he worked on the successful senatorial campaign of his wife Elizabeth
After the September 11, 2001, attack on the World Trade Center, Dole joined with Clinton, his former political rival, as co-chair of a scholarship fund that raised money to provide education assistance to the families of persons killed or wounded in the terrorist attacks In
2003 Dole began a series of appearances with Clinton on the CBS news show Sixty Minutes
The format of the segment, two-minute debates
on highly topical subjects, was based on the show’s highly popular Point/Counterpoint seg-ments that aired in the 1970s Noting that both his wife and President Clinton’s wife were freshman senators, Dole quipped that they had permission to do the show, “We both cleared
it with our wives so we won’t get into trouble.”
Dole’s memoir came out in 2005 In addition
to practicing law after he left the Senate, in March 2007 Dole was named by President Bush
to oversee a commission to investigate poor conditions at Walter Reed Army Medical Center
FURTHER READINGS Bob Dole website Available online at www.bobdole.org (accessed August 17, 2009).
Dole, Bob 2005 One Soldier’s Story: A Memoir New York: HarperCollins.
Disagree Weekly on ‘Sixty Minutes.’” Washington Post (March 6).
The Robert J Dole Institute of Politics Available online at www.ku.edu/~dole (accessed August 17, 2009).
vDOLE, SANFORD BALLARD Sanford Ballard Dole was a prominent figure
in the creation of Hawaii as a republic and its annexation to the United States Dole was born
in 1844 His parents were American mission-aries assigned to Hawaii, and Dole was raised and educated there After attending Williams College and his admission to the Massachusetts bar in 1868, he settled in Hawaii and began his law practice
In 1884 and 1886 he served in the Hawaiian Legislature His first act of dissension against the existing monarchy was as a leader of the Bayonet Revolution in 1887 As a result, the power of the monarchy was reduced and a more equitable constitution was adopted
Also in 1887, Dole sat on the bench of the Hawaii Supreme Court as an associate justice
Sanford Ballard Dole 1844–1926
1844 Born,
Honolulu, Hawaii
1884, 1886 Served in Hawaiian legislature
1894 Republic of Hawaii created
1894–1900 Served as president of the Republic of Hawaii
1904–15 Served as justice of the U.S district court for Hawaii
1914–18 World War I
1926 Died, Honolulu, Hawaii
1861–65 U.S Civil War
1893 Queen Liliuokalani overthrown;
Dole leader of revolutionary government
1900–03 Served as first governor of Territory of Hawaii
1939–45 World War II
❖
1887 Led the Bayonet Revolution, resulted in more equitable constitution for Hawaii
1898 Hawaii annexed
by United States
1866–68 Attended Williams College in Mass.
1887–93 Presided as associate justice on the Hawaii Supreme Court
◆
◆
THE UPRISING OF A
SMALL PEOPLE MAY
BE AS INSPIRING AS
THE UPRISING OF A
GREAT NATION
—S ANFORD D OLE
530 DOLE, SANFORD BALLARD
Trang 4In 1893 Queen Liliuokalani refused to
recog-nize the limitations imposed upon her by the 1887
constitution An insurrection occurred and the
queen was overthrown Dole left his post as justice
to become the leader of the revolutionary
provi-sional government that replaced the monarchy
The republic of Hawaii was created in 1894,
and Dole acted as its president He began his
efforts for the U.S annexation of Hawaii, but
his first attempts were thwarted by President
Grover Cleveland, who opposed the deposition
of the monarchy Dole wrote aTREATISE
defend-ing the revolution and its results but to no
avail He was finally able to achieve annexation
under the administration of President WILLIAM
president throughout these years
With the annexation of Hawaii completed,
Dole became the first governor of the newly
formed Territory of Hawaii He performed
these duties from 1900 to 1903
In 1904 Dole returned to the judiciary and
served as justice of the U.S district court for
Hawaii until 1915 He died in Hawaii in 1926
DOMAIN
The complete and absolute ownership of land
Also the real estate so owned The inherent
sovereign power claimed by the legislature of a state, of controlling private property for public uses, is termed the right of eminent domain
National domain is sometimes applied to the aggregate of the property owned directly by a nation
Public domain embraces all lands, the title to which is
in the United States, including land occupied for the purposes of federal buildings, arsenals, dock-yards, and so on, and land of an agricultural or mineral character not yet granted to private owners
Sphere of influence Range of control or rule;
realm
DOMBEC [Saxon, Judgment book.] The name given by the Saxons to the code of laws by which they lived
Several Saxon kings published dombecs, also spelled dombocs Dombecs were also known
as dome-books or doom-books The DOMBEC
compiled during the ninth-century reign of Alfred the Great was among the most important because it contained the law for the entire kingdom of England, encompassing the princi-pal maxims of COMMON LAW, the penalties for crimes, and the forms of judicial proceedings
A dombec is not the same as the DOMESDAY BOOK, although the two are often confused
DOMESDAY BOOK
An ancient record of land ownership in England
Commissioned by William the Conqueror in the year 1085 and finished in 1086, the book is a superb example of thorough and speedy adminis-tration, unequaled by any other project undertaken during the Middle Ages Minute and accurate surveys of all of England were done for the purpose
of compiling information essential for levying taxes and enforcing the land tenure system
The work was done by five justices in each county who took a census and listed all the feudal landowners, theirPERSONAL PROPERTY, and other information The judges gathered their information by summoning each man and having him give testimony under OATH This is perhaps the earliest use of the inquest procedure
in England, and it established the right of the king to require citizens to give information, a foundation of the jury trial
Domesday was a Saxon word meaning Judgment Day, at the end of time when God will pronounce judgment against all of mankind
The name given to this record may have come
Sanford B Dole.
LIBRARY OF CONGRESS
DOMESDAY BOOK 531
Trang 5from the popular opinion that the inquiry was
as thorough as that promised for Judgment Day
Two volumes of theDOMESDAY BOOKare still
in existence, and they continue to be valuable for historical information about social and economic conditions They are kept in the Public Record Office in England
DOMESTIC Pertaining to the house or home A person employed
by a household to perform various servient duties
Any household servant, such as a maid or butler
Relating to a place of birth, origin, or domicile
That which is domestic is related to house-hold uses A domestic animal is one that is sufficiently tame to live with a family, such as a dog or cat, or one that can be used to contribute
to a family’s support, such as a cow, chicken,
or horse When something is domesticated, it
is converted to domestic use, as in the case of
a wild animal that is tamed
Domestic relations are relationships between various family members, such as a husband and wife, that are regulated byFAMILY LAW
A domestic corporation of a particular state is one that has been organized and chartered in that state as opposed to a foreign corporation, which has been incorporated in another state or territory
In tax law, a domestic corporation is one that has originated in any U.S state or territory
Domestic products are goods that are man-ufactured within a particular territory rather than imported from outside that territory
DOMESTIC PARTNERSHIP LAW The area of law that concerns the rights of unmarried adults who choose to live together in the same manner
as a married couple but who are not married
DOMESTIC PARTNERSHIP LAWis evolving rapidly, in part because more individuals are choosing to identify themselves as domestic partners Although any two adults living together in a loving relationship may be called partners, the term is most frequently used to describe same-sex couples
Since the 1990s, a number of local govern-ments have enacted domestic partnership laws, including Seattle, New York City, and Broward County, Florida In 1999 California passed a state domestic partnership law that provided
a number of protections that formerly had been offered only to married couples These
protections include the right to inherit from a partner’s estate; the right to make medical decisions for an incapacitated partner; the right
to use sick leave to care for a partner; the right to obtainHEALTH INSURANCEthrough a partner; and the right to adopt a partner’s child as a stepparent Domestic partners in California may obtain these benefits by registering with the state
Although domestic partnership law is intended to provide benefits to partners, it still represents uncharted territory and is far from comprehensive or complete Using the California law as an example, a domestic partner is defined
as a committed member of a same-sex couple; heterosexual couples who cohabit may not register as domestic partners The rationale is that heterosexual couples in a committed rela-tionship have the option of marriage, an option that is not open to same-sex couples The only exception for heterosexual couples is when one partner is age 62 or older, because frequently
part of theirSOCIAL SECURITYbenefits if they marry
A more problematic issue for domestic partners is the fact that their partnership is generally not recognized outside of their juris-diction Thus, their domestic partnership rights are not binding if they should move to a community that has no such laws of its own In fact, domestic partners who relocate to a new community that does have protective laws are advised to re-register in their new home in order to eliminate anyAMBIGUITY
As of 2009, a dozen states and dozens of cities have civil union or domestic partnership laws Five states allow same-sex marriage
CROSS REFERENCES Adoption; Gay and Lesbian Rights; Family Law.
DOMESTIC VIOLENCE Any abusive, violent, coercive, forceful, or threat-ening act or word inflicted by one member of a family or household on another can constitute domestic violence
Domestic violence, once considered one of the most underreported crimes, became more widely recognized during the 1980s and 1990s Various individuals and groups have defined domestic violence to include everything from saying unkind or demeaning words, to grabbing
a person’s arm, to hitting, kicking, choking, or even murdering Domestic violence most often
532 DOMESTIC
Trang 6refers to violence between married or
cohabit-ing couples, although it sometimes refers to
violence against other members of a
house-hold, such as children or elderly relatives (The
offender relationships under the broader
do-mestic violence category.) It occurs in every
racial, socioeconomic, ethnic, and religious
group, although conditions such as poverty,
drug or alcohol abuse, and mental illness
increase its likelihood Studies indicate that the
incidence of domestic violence among
homo-sexual couples is approximately equivalent to
that found among heterosexual couples
Domestic violence involving famous married
or cohabiting couples tends to receive broad
media attention (The Department of Justice
refers to these and similar incidents as“intimate
partner violence” and maintains separate
statis-tics for this sub-category as well.) The highly
publicized 1995 trial of former professional
football player and movie actor O.J (ORENTHAL
Nicole Brown Simpson and her friend Ronald
Lyle Goldman thrust it onto the front pages of
newspapers for many months Simpson was
acquitted of the MURDER charges, but evidence
produced at his trial showed that he had been
arrested in 1989 for spousal battery and that he
had threatened to kill his ex-wife The disclosure
that the prominent sports figure and movie star
had abused his wife prompted a national
discus-sion on the causes of domestic violence, its
prevalence, and effective means of eliminating it
Like the case of O.J Simpson, several of
these cases involved current or former athletes
Jim Brown, who, like Simpson, was both a
famous football player and actor, received a
six-month sentence in 2000 for vandalizing his
wife’s car during an argument Also like Simpson,
Brown had a history of alleged domestic-violence
incidents, though he had not been convicted
in the previous allegations In early 2009 NFL
quarterback Steve McNair was shot to death by
a girlfriend who then killed herself
Although thousands of cases involving
domes-tic violence occur each year, those that involve
celebrities continue to attract the most attention In
1999 movie director John Singleton pled
no-contest to charges of battering his girlfriend
Singleton is best known for such movies as Boyz
‘N the Hood and Poetic Justice In 2001 Rae Carruth,
a player for the National Football League’s Carolina
Panthers, was found guilty of conspiracy to commit the murder of his former girlfriend, who had been carrying Carruth’s child at the time of her death
Although he avoided the death penalty, Carruth was sentenced to up to 25 years in prison Also in
2001, former heavyweight boxing champion Riddick Bowe was charged with third-degree assault for a fight with his wife Still another media frenzy surrounded the 2009 assault on pop singer Rihanna by her equally famous boyfriend, singer Chris Brown
Those who have studied domestic violence believe that it usually occurs in a cycle with three general stages First, the abuser uses words
or threats, perhaps humiliation or ridicule Next, the abuser explodes at some perceived infraction
by the other person, and the abuser’s rage is manifested in physical violence Finally, the abuser“cools off,” asks forgiveness, and promises that the violence will never occur again At that point, the victim often abandons any attempt to leave the situation or to have charges brought against the abuser, although some prosecutors will go forward with charges even if the victim is unwilling to do so Typically, the abuser’s rage begins to build again after the RECONCILIATION, and the violent cycle is repeated
In some cases of repeated domestic violence, the victim eventually strikes back and harms
or kills the abuser People who are repeatedly
Victims of Domestic Violence, by Relationship to Offender, 2006
SOURCE: U.S Department of Justice, Bureau of Justice Statistics, Criminal Victimization in the United States, 2006.
Other relative 35.2%
Spouse 30.8%
Ex-spouse 13.6%
Parent 7.4%
Own child 13.0%
Total number of domestic violence victimizations: 715,440
ILLUSTRATION BY GGS CREATIVE RESOURCES REPRODUCED BY PERMISSION OF GALE,
A PART OF CENGAGE LEARNING.
DOMESTIC VIOLENCE 533
Trang 7victimized by spouses or other partners often suffer from low self-esteem, feelings of shame and guilt, and a sense that they are trapped in a situation from which there is no escape Some who feel that they have no outside protection from their batterer may turn to self-protection
During the 1980s, in a number of cases in which
a victim of repeated domestic abuse struck back, the battered-spouse defense was used to exon-erate the victim However, in order to rely on the battered-spouse defense, victims must prove that they genuinely and reasonably believed that they were in immediate danger of death or great bodily injury and that they used only such force as they believed was reasonably necessary
to protect themselves Because this is a very difficult standard to meet, it is estimated that fewer than one-third of victims who invoke the battered-spouse defense are acquitted
Heightened awareness and an increase in reports of domestic violence have led to a widespread legal response since the 1980s Once thought to be a problem that was best handled without legal intervention, domestic violence is now treated as a criminal offense Many states and municipalities have instituted measures designed to deal swiftly and harshly with domestic abusers In addition, governments have attempted to protect the victims of domestic violence from further danger and have launched programs designed to address the root causes of this abuse One example is Alexandria, Virginia, which in 1994 began prose-cuting repeat abusers under a Virginia law (Va St
§ 18.2–57.2 Code 1950, § 18.2–57.2) that makes the third conviction forASSAULT AND BATTERY a FELONY
punishable by up to five years in prison In addition, the city established a shelter for battered women, a victims’ task force, and a domestic-violence inter-vention program that includes a mandatory arrest policy and court-ordered counseling As a result, domestic homicides in Alexandria declined from
40 percent of all homicides in 1987 to 16 percent of those between 1988 and 1994 Other states have adopted similar measures States that already had specific laws directed toward domestic violence toughened the penalties For example, a 1995 amendment to California’s domestic-abuse law (West’s Ann Cal Penal Code §§ 14140–14143) revoked a provision that allowed first-time abusers
to have their criminal record expunged if they attended counseling
At one time, the marital RAPE exemption
in many states prohibited criminal domestic violence charges of rape made against a spouse,
i.e., by definition, a husband could not legally rape his wife Although all 50 states now crimi-nalize spousal rape, many states still categorize spousal rape as lesser offenses than those osten-sibly committed by strangers
Public outrage over domestic violence led to the inclusion of the Violence Against Women Act as title IV of theVIOLENT CRIME CONTROL AND
103-322, 108 Stat 1796 [codified as amended
in scattered sections of 18 and 42 U.S.C.A.]) The act authorized research and education programs for judges and judicial staff to enhance knowledge and awareness of domestic violence and sexual assault It also provided funding for police training and for shelters, increased penal-ties for domestic violence and rape, and provided for enhanced privacy protection for victims, although the U.S Supreme Court struck it down
as unconstitutional in 2000
One of the more controversial portions of the original act made gender-motivated crimes
a violation of federal CIVIL RIGHTSlaw In 2000 the U.S Supreme Court considered the appli-cation of this portion in United States v Morrison, 529 U.S 598, 120 S Ct 1740, 146
L Ed 2d 658 (2000) In that case, a woman brought suit against a group of University of Virginia students who allegedly had raped her Although the district court found that the woman had stated a claim against the respon-dents, it held that Congress did not have authority to enact the provision under the
Court of Appeals for the Fourth Circuit affirmed the decision, and the United States, which had intervened to defend the statute, appealed to the U.S Supreme Court The Court, per an opinion
by Chief JusticeWILLIAM H.REHNQUIST, agreed with the lower courts, holding the Congress had exceeded its constitutional power The result of the case is that the civil-remedy provisions in the original statute should fall under the purview
of the states, rather than the federal government The Supreme Court, in February 2009, affirmed the application of the 1996 Lautenberg Amendment to the Gun Control Act of 1968 (which prohibits gun ownership by anyone convicted of a MISDEMEANOR crime of domestic violence, 18 U.S.C 922(g)(9)), to cover anyone convicted of any violent misdemeanor com-mitted against a family member or domestic
534 DOMESTIC VIOLENCE
Trang 8partner (United States v Hayes No 07-608, 129
S.Ct 1079, 172 L.Ed.2d 816 [2009]) Counsel for
defendant Hayes had argued that the amendment
only applied to convictions under specific laws
proscribing domestic violence, not general laws
proscribing violence that just happened to be
committed against family members Also in
2009, the White House announced the
appoint-ment of a White House Advisor on Violence
Against Women, who was identified as Lynn
Rosenthal, former executive director of the New
Mexico Coalition Against Domestic Violence
Studies on the incidence of domestic
vio-lence vary a great deal However, trends can be
discerned The Domestic Violence Resource
Center (DVRC), identifying various sources
for its findings, reported on average that three
women and one man are murdered every day by
their intimate partners Most of these homicides
had in years prior involved spouses, but by
2006, nearly an equal number occurred between
boyfriends and girlfriends or domestic partners
The DVRC also reported that women account
for approximately 85 percent of all intimate
partner violence, with women aged 20–24 at
greatest risk Moreover, separated or divorced
persons were identified as being at greater risk
for involvement in intimate partner violence
The Bureau of Justice Statistics reported that a
consistent majority (as high as 70 percent) of
female rape or sexual assault victims identified
the offender as an intimate, other relative,
friend, or acquaintance Overall, the Bureau of
Justice Statistics reported that about one in
320 households is affected by intimate partner
violence
FURTHER READINGS
“Advocates Hail White House Women’sViolence Adviser
(sic) ” The Crime Report, July 17, 2009 Text available
online at
http://thecrimereport.org/topics/domestic-violence/; website home page: jttp://thecrimereport.
org (accessed September 10, 2009).
“Domestic Violence Statistics.” Text available online
at http://www.dvrc-or.org/domestic/violence/resources/
C61/; website home page: http://www.dvrc-or.org
(accessed September 10, 2009).
“Do Spousal Rapists Still Get Lenient Treatment?” The
Crime Report, June 8, 2009 Text available online
at http://thecrimereport.org/topics/domestic-violence/
page/2/; website home page: jttp://thecrimereport.org
(accessed September 10, 2009).
Douglas, Heather, and Lee Godden 2003 “The
Decrimina-lisation of Domestic Violence: Examining the
Interac-tion between the Criminal Law and Domestic
Vio-lence ” Criminal Law Journal 27 (February): 32–43.
Justice Department 2006 “Bureau of Justice Statistics:
Crime Characteristics ” 2003, 2004, 2005, 2006 statis-tics Text available online at http://www.ojp.usdoj.gov/
bsj/cvict_c.htm; website home page: http://www.ojp.
usdoj.gov (accessed September 10, 2009).
Rohr, Janelle, ed 1990 Violence in America: Opposing Viewpoints San Diego: Greenhaven Press.
Sommers, Christina Hoff 1994 Who Stole Feminism? New York: Simon & Schuster.
Straus, Murray, and Richard Gelles 1988 Intimate Violence.
New York: Simon & Schuster.
CROSS REFERENCES Child Abuse; Elder Law; Family Law.
DOMICILIARY ADMINISTRATION The settlement and distribution of a decedent’s estate in the state of his or her permanent residence, the place to which the decedent intended
to return even though he or she might actually have resided elsewhere
princi-pal or primary administration and is distinguish-able fromANCILLARY ADMINISTRATION, which is the management of a decedent’s property in the state where it is situated, which is other than the state
in which the decedent permanently resided
DOMINANT Prevalent; paramount in force or effect; of primary importance or consideration That which is dominant possesses rights that prevail over those of others
easement, or right of use, is given is called the dominant tenement or estate, and the one upon which the easement is imposed is called the servient tenement or estate
DOMINANT CAUSE The essential or most direct source of an accident
or injury, regardless of when it occurred
is thePROXIMATE CAUSE, or the primary or moving cause, without which the injury would not have occurred
DOMINION Perfect control in right of ownership The word implies both title and possession and appears to require a complete retention of control over disposi-tion Title to an article of property, which arises from the power of disposition and the right of claiming it
Sovereignty; as in the dominion of the seas or over a territory
DOMINION 535
Trang 9In civil law, with reference to the title to property that is transferred by a sale of it, dominion is said to be either proximate or remote, the former being the kind of title vesting
in the purchaser when he or she has acquired both the ownership and the possession of the article, the latter describing the nature of the title when he or she has legitimately acquired the ownership of the property but there has been no delivery
DONATIVE Relating to the gratuitous transfer of something as
in the nature of a gift
A donative trust is the conveyance of pro-perty in trust set up as a gift from one person
to another Donative intent is the intent to give something as a gift
DONEE The recipient of a gift An individual to whom a power of appointment is conveyed
DONOR The party conferring a power One who makes
a gift One who creates a trust
DOOM
An archaic term for a court’s judgment For example, some criminal sentences still end with the phrase “… which is pronounced for doom.”
DORMANT Latent; inactive; silent That which is dormant
is not used, asserted, or enforced
A dormant partner is a member of a part-nership who has a financial interest yet is silent,
in that he or she takes no control over the business The partner’s identity is secret because the individual is unknown to the public
vDORR, THOMAS WILSON Known for his central role in Rhode Island’s
1842 Dorr’s Rebellion, THOMAS WILSON DORR
fought for changes in the voting laws of his native state Until the tumultuous 1842 elec-tion of Dorr as governor, long-standing laws, based on the state’s initial charter from England, had limited voting rights to men who owned at least $134 in land Dorr helped
to initiate a new state constitution that granted more liberal voting rights to white males Once
he was governor, some of Rhode Island’s other authorities treated him as a traitor to the aristocracy However, Dorr’s EXTENSION of voting rights to a larger section of the populace stands as a cornerstone in the democratization
of the United States
The changes in voting rights that Dorr proposed flew in the face of Rhode Island’s staunch political conservatism Although the example of newer, noncolonial states had changed the way in which some older, seaboard states practiced government, Rhode Island adhered to the charter it had received from the English monarchy in 1663 This document’s property requirement for voting excluded more than half of the white males in the state By 1840 even though only one other state retained a possession-of-property requirement, Rhode Island’s leaders claimed that their constitution
Thomas Wilson Dorr 1805–1854
1805 Born,
Providence, R.I.
◆
1827 Admitted to the Rhode Island bar
1861–65 U.S Civil War
1823 Graduated from Harvard College
◆
◆
1888 Rhode Island dropped last property requirements for voting
1851 Dorr's civil rights reinstated
1834 Joined Rhode Island legislature
1854 Treason conviction reversed; died, Providence, R.I.
1845 Granted amnesty
by state legislature
1840 Helped found Rhode Island Suffrage Association
1841 Rhode Island People's Constitution drafted by People's
Party, enlarged voting franchise to non-landowning white males
1842 Elected governor under new constitution;
charged with treason, voluntarily surrendered
1844 Convicted of treason, sentenced to life in prison
536 DONATIVE
Trang 10served as a standard of law and order The
Rhode Island charter, they said, had spared the
state from one unwelcome effect of
industriali-zation: political turmoil Changes in
govern-ment, however, were inevitable, even in Rhode
Island An increase in industry led to an increase
in crime, unemployment, and poverty Such
changes brought a demand for a populist voice
in the workings of government
During this time of change, Dorr emerged
as a legal spokesman Born November 5, 1805,
the son of a wealthy Providence merchant, Dorr
graduated from Harvard in 1823 He then
pursued legal studies, and was admitted to the
Rhode Island bar in 1827 In 1834 he
partici-pated in the Rhode Island Legislature, where he
led a campaign to secure extended voting rights
When the movement gained momentum, the
Rhode IslandSUFFRAGEAssociation was founded,
which Dorr headed in 1840 As support for
Dorr grew, he formed the People’s party In
1841 the party organized a convention and
drafted a more liberal state constitution, the
People’s Constitution It appealed to voteless
urban workers by issuing the vote to all white
adult males
To counteract Dorr’s movement, the Rhode
Island state legislature called for a convention in
Newport in November 1841 Conservatives saw
this as their chance to derail the newly drafted
constitution Many others, however, supported
Dorr’s constitution, and two rival positions
emerged In 1842 Dorr’s supporters elected him
governor of the state For a while, Rhode Island
had to juggle two state governments Samuel H
King, representing opponents of Dorr’s efforts,
also served as governor, under the guides of
the old charter Both sides wooed the federal
government for recognition President JOHN
any attempt to overthrow Dorr’s government
would result in the presence of federal troops
in Rhode Island
Dorr sought to establish an entirely new
state government in Providence King declared
that Dorr’s party had initiated an insurrection
The sides of the dual government clashed, and,
under King’s authority, many of Dorr’s
sup-porters were imprisoned On May 17, 1842, Dorr
countered King’s efforts to crush the People’s
“treason” and attacked the Providence arsenal
But the state MILITIA held back the attack, and Dorr subsequently fled the state King declared
capture
A compromise came about when the state drafted a new constitution that extended voting rights When the state adopted the new constitu-tion, Dorr surrendered to authorities Convicted
solitary confinement and hard labor Protests followed the severe sentence One year later, the state legislature granted him AMNESTY and Dorr was set free
Meanwhile, a suit arose from the competing state governments (Luther v Borden, 48 U.S (7 How.) 1, 12 L Ed 581 [1849]) In response to one of the“political questions” in the case, the Supreme Court declared that Congress, under Article IV, Section 4, of the Constitution, held the power to ensure a republican state govern-ment while simultaneously recognizing the lawful government of that state The court ruled that the president had the authority to support a lawful state government with federal troops if an armed conflict occurred The federal courts could not disturb these rights of Congress and the president As President Tyler had not taken the opportunity to act on his power, the Court was left with much to decide regarding the balance between Rhode Island’s new constitution and the federal executive and legislative powers
The reform movement set forth by Dorr, later known as Dorrism, had helped to solidify
a greater trend in U.S government As more and more people were granted the right to vote, the United States strayed further and further from the original English monarchical rule
Although the rebellion of Dorr and his followers consisted of only a few skirmishes, its influence extended through a long period of time For conservatives, Dorrism represented bloody class conflict For many others, Dorr appeared
to be less a traitor than a representative for the common person In 1851 Dorr’s CIVIL RIGHTS
were reinstated, and in 1854 the verdict against him was reversed Later that year, on December
27, Dorr died in Providence, in his native Rhode Island
THE SERVANTS OF A RIGHTEOUS CAUSE MAY FAIL OR FALL IN THE DEFENSE OF IT
BUT ALL THE TRUTH THAT IT CONTAINS IS INDESTRUCTIBLE
—T HOMAS D ORR