TENANCY BY THE ENTIRETY A type of concurrent estate in real property held by a HUSBAND AND WIFE whereby each owns the undivided whole of the property, coupled with the RIGHT OF SURVIVORS
Trang 1Cable operators negotiated system requirements and pricing with local governments, but federal law imposed some restrictions on rates to consumers
The Telecommunications Act of 1996 deregulated cable television rates, in part because
of increased interest by telephone companies in entering the cable market by sending program-ming through existing phone lines The act permits phone companies to provide video programming directly to subscribers in their service areas
Even prior to deregulation in 1996, compa-nies in the telecommunications industry had been involved in major mergers In 1985 Capital Cities acquired the ABC network, and one year later, General Electric acquired NBC In 1995 two major mergers occurred, as Westinghouse bought CBS for a reported $5.4 billion, and the Walt Disney Company purchased Capital Cities/
ABC for a reported $19 billion Disney went on
to purchase or otherwise acquire a wide range of cable networks as well, including ESPN, Fox Family Worldwide, the History Channel, and E!
Entertainment Television
Since deregulation, companies have merged
to create even larger media conglomerates A number of commentators have questioned whether the presence of a few enormous entities would stifle competition in the industry Others questioned whether federal antitrust policy would need to be adapted to address concerns about such large corporations owning multiple media entities Many of these questions have gone unanswered, and in many ways consumers have benefited from the products that these conglomerates offer For instance, since the late 1990s the ABC network has enhanced its sports coverage through its association with ESPN
by offering dual coverage of certain sporting events, such as professional football
For customers who cannot obtain cable television programming, the transmission of television signals by satellite has been a practical solution In the 1990s, however, direct broadcast satellite (DBS) systems began to compete with cable television systems by going after a broader consumer base The DBS systems offer high-quality video and audio signals and access to a wide range of programming
The development of digital high-definition television (HDTV) was the broadcast television
industry’s top priority in the 1990s and into the 2000s HDTV, which has a significantly finer picture resolution than an ordinary television screen, requires additional broadcast frequen-cies, which the FCC must license to broadcasters Broadcast television, which saw its viewership steadily drop as cable and DBS became popu-lar, saw HDTV as a way to reclaim its market share
In the early 2000s, when cable companies began gaining telephone customers with new telephone services, telephone companies began
to push for access to the cable television market AT&T was the first telephone company to offer Internet protocol television (IPTV) technology, which it referred to as U-Verse, that offers broadcasting using existing telephone lines Proponents of the entry of telephone compa-nies into the television arena urge that the move will increase competition and may lead to lower prices for television service over time
In June 2009, as a mandated by the Digital Television and Public Safety Act of 2005, all full power television stations nationwide stopped broadcasting in analog, making broadcast in the U.S exclusively digital In connection with this change, consumers were able to request coupons to be used in the purchase of digital-analog converter boxes The change allowed additional frequencies to be used for public safety communications and advanced commer-cial wireless services Digital broadcasting wais said to be a more efficient technology, allowing for improved picture and sound quality and offering more programming options through multicasting
FURTHER READINGS Balint, Kathryn 2006 “Competing with Cable Comes with Hurdles, ” January 23 www.SignOnSanDiego.com Avai-lable online at http://www.signonsandiego.com/news/ metro/20060123-9999-1n23telcotv.html (accessed Octo-ber 7, 2009).
Compaine, Benjamin M., and Douglas Gomery 2000 Who Owns the Media? Competition and Concentration in the Mass Media 3d ed Mahwah, N.J.: Lawrence Erlbaum Creech, Kenneth 2007 Electronic Media Law and Regula-tion 5th ed Boston: Focal Press.
“What You Need to Know about the Digital TV Transition.” DTV.gov Available online at http://www.dtv.gov/need toknow.html (accessed October 7, 2009).
CROSS REFERENCES Cable Television; Fairness Doctrine; Mass Communications Law.
498 TELEVISION
Trang 2TEMPERANCE MOVEMENT
A temperance movement is a social crusade
against the use or abuse of alcohol The
tem-perance movement in the United States led to
the ratification of the Eighteenth Amendment,
which began the Prohibition period in the
United States The movement first became a
national crusade in the early nineteenth century
and was spurred by a groundswell of popular
religion that focused on abstention from
alco-hol Evangelical preachers of various Christian
denominations denounced drinking alcohol as a
sin People who drank, they claimed, lost their
faith in God and ceased to observe the teachings
of Jesus
Other supporters of the first temperance
movement objected to alcohol’s destructive
effects on individuals, communities, and the
nation as a whole According to these activists,
the consumption of alcohol was responsible for
many personal and societal problems, including
unemployment, absenteeism in the workplace,
and physical violence Scores of short stories and
books published in the mid-nineteenth century
described in dramatic detail the abuse suffered
by the families of alcoholics Alcoholics were
characterized as dangerous to themselves, their
families, and even their nation’s security In the
words of temperance advocate Lyman Beecher,
a drunk electorate would “dig the grave of our
liberties and entomb our glory.”
The temperance movement was marked by
an undercurrent of ethnic and religious
hostil-ity Some of the first advocates were people of
Anglo-Saxon heritage who associated alcohol
with the growing number of Catholic
immi-grants from Ireland and the European
conti-nent Supposedly, the Catholics were loud and
boisterous as a result of too much drinking
Most of the first temperance advocates were
sincerely concerned for the welfare of others,
however, and were not motivated by such faulty
perceptions The public’s rate of alcohol
con-sumption was, in fact, increasing steadily during
the nineteenth century, and the reformers saw
the banishment of alcohol not as a punishment
but as necessary to an orderly, safe, and
pros-perous society Despite its good intentions, the
first movement splintered The largest rift
oc-curred between a minority of abolitionists, who
favored the promotion of total abstinence from
alcohol, and the majority of reformers, who
favored abstinence from only hard liquor
Although it lacked cohesion, the first tem-perance movement yielded some legislative reforms In 1846 Maine became the first state
to enact a law prohibiting liquor consumption
Twelve other states followed suit, but the laws were difficult to enforce, and public support for the laws quickly waned By 1868 Maine was the only state left with a liquorPROHIBITIONlaw, and the temperance movement appeared to have come and gone
Groups such as the Women’s Christian Temperance Union (WCTU) and the Anti-Saloon League were at the forefront of the onslaught against alcohol Members of these groups spoke publicly in favor of prohibition and lobbied elected officials for laws banning the consumption of alcohol Some of the more active members disrupted business at saloons and liquor stores One of the most visible prohibitionists, Carry Nation, used a hatchet to smash liquor bottles and break furniture in saloons
In the 1870s, some prohibitionists began
to form political parties and nominate candi-dates for public office Leaders in the so-called
Carry Nation, a well-known prohibitionist, holds a Bible and a hatchet Nation often used a hatchet to smash liquor bottles and furniture in saloons.
BETTMANN/CORBIS TEMPERANCE MOVEMENT 499
Trang 3Progressive movement were instrumental in the resurgence of the temperance movement The Progressives called for sweeping governmental controls in response to perceived social crises, and they began to promote the abolition of alcohol as part of a plan to clean up cities and eliminate poverty By the time WORLD WAR I began in 1914, an increasing number of politicians were advocating a ban on alcohol, and the conservation efforts for the war gave the temperance movement additional momentum
Congress enacted the Lever Act of 1917 (40 Stat 276) to outlaw the use of grain in the manufacture of alcoholic beverages, and many state and local governments passed laws prohi-biting the distribution and consumption of alcohol Two years later, the states ratified the EIGHTEENTH AMENDMENTto the U.S Constitution, which prohibited the manufacture, transporta-tion, and sale of alcoholic beverages in the United States The complete ban on alcohol was put into effect by the VOLSTEAD ACT (41 Stat
305) PresidentWOODROW WILSONvetoed the act, but Congress overrode theVETO, and the United States became officially dry in January 1920
The effect of Prohibition was to drive drinking underground Saloons were replaced
by speakeasies, hidden drinking places that, in some areas, were tolerated by local police The more enterprising individuals set up homemade stills to produce alcohol for their own con-sumption Others turned to bootlegging, or the illegal sale of alcohol Prices on the black market were markedly higher than they had been prior to Prohibition, and gangsters used violence to acquire and maintain control over the highly profitable bootlegging business
Bootlegging was so profitable because so many people wanted to drink alcohol Federal, state, and local law enforcement officials found them-selves at war not only with gangsters, but with the general public as well
Popular support for Prohibition quickly waned after the Eighteenth Amendment was passed, but it took nearly 14 years to end it
HERBERT HOOVER, who served as president from
1929 to 1933, supported Prohibition, calling it
“an experiment noble in purpose.” Hoover was defeated in his bid for reelection, however, and
in 1933 President FRANKLIN D ROOSEVELT called for an amendment to the Volstead Act that would legalize light wine and beer consumption
The bill passed quickly and received widespread public support, and Congress set about the task
of repealing Prohibition On December 5, 1933, theTWENTY-FIRST AMENDMENTto the U.S Consti-tution was ratified, and the“noble experiment” was dismantled
FURTHER READINGS Blocker, Jack S 1989 American Temperance Movements: Cycles of Reform Boston: Twayne.
Pegram, Thomas R 1998 Battling Demon Rum: The Struggle for a Dry America, 1800–1933 Chicago: Ivan R Dee Szymanski, Ann-Marie E 2003 Pathways to Prohibition: Radicals, Moderates, and Social Movement Outcomes Durham, N.C.: Duke University Press.
CROSS REFERENCES Capone, Alphonse; Constitutional Amendment; Organized Crime.
TEMPORARY EMERGENCY COURT
OF APPEALS Congress established the Temporary Emergency Court of Appeals (TECA) in December 1971 (85 Stat 743) and granted it exclusive juris-diction to hear appeals from the decisions of U.S district courts in cases arising under the Economic Stabilization Act of 1970 (84 Stat 799) The idea for TECA grew out of the Emergency Court of Appeals (1942–61), which had adjudicated price control measures passed duringWORLD WAR II TECA had nine judges and its own set of rules and procedures for its first case in February 1972 The act that created TECA expired in 1972, but Congress enacted the Emergency Petroleum Allocation Act of
1973 (82 Stat 627), which granted it authority over controversies arising under the new law The Energy Policy and Conservation Act of
1975 (89 Stat 871) and the Emergency Natural Gas Act of 1977 (91 Stat 4) further elongated TECA’s existence and expanded its oversight In
1992, however, TECA ceased to exist when the U.S Court of Appeals for the Federal Circuit assumed its duties and abolished it by an act of October 29, 1992, effective April 30, 1993
CROSS REFERENCES Federal Courts.
TEMPORARY RESTRAINING ORDER
A temporary restraining order is a court order that lasts only until the court can hear further evidence
A temporary restraining order (TRO) is a court order of limited duration A TRO is an EQUITABLE REMEDY, which commands the parties
in the case to maintain a certain status until the
500 TEMPORARY EMERGENCY COURT OF APPEALS
Trang 4court can hear further evidence and decide
whether to issue aPRELIMINARY INJUNCTION
Under federal and state rules of CIVIL
PROCEDURE, a person may obtain a TRO by
visiting a judge or magistrate without notice to,
or the presence of, the adverse party A TRO
may be issued by a court only if (1) it appears
from specific facts shown in a signed, sworn
AFFIDAVITor complaint that immediate
IRREPARA-BLE INJURY, loss, or damage will result to the
applicant before the adverse party or the adverse
party’s attorney can be heard in opposition; and
(2) the applicant’s attorney describes to the
court in writing the efforts, if any, that have
been made to give notice to the adverse party
and gives reasons to support the claim that
notice should not be required
Temporary restraining orders are
extraordi-nary measures because they are court orders
issued against a party without notice to that
party and without giving the party an
opportu-nity to argue against the order A TRO usually
lasts only two or three days, until the court can
hear both sides of the issue and decide whether
to issue a preliminaryINJUNCTION A court gene-rally hears arguments on the preliminary injunc-tion as soon as possible after the TRO is issued
On the federal level, rule 65 of the Federal Rules
of Civil Procedure mandates that a TRO should not last longer than ten days and that a TRO may be renewed only for an additional ten days
STATE COURTS have similar provisions in their rules of civil procedure
The immediate potential for irreparable harm is the GRAVAMEN of the TRO If an applicant is unable to prove that the harm suffered will be irreparable or that the irrepara-ble harm is imminent, a court will not approve
a TRO Assume that a person purchases a car with financing from the dealership The buyer then becomes embroiled in a dispute with the dealership over the car and stops making payments; the dealership responds by threaten-ing to repossess the car If the buyer applies for
a TRO preventing the dealership from taking the car, a court would likely refuse the request,
Temporary Restraining Order
[Title of Court]
TRIAL COURT
a
County
d Name of Court
b
Plaintiff(s) - Tenant(s)
e Civil Docket No _
c
Defendant(s) - Landlord(s)
GRANT OF TEMPORARY RESTRAINING ORDERS(S), NOTICE OF PRELIMINARY INJUNCTION HEARING AND SUMMONS
vs
It appears from the specific facts set out in the Verified Complaint filed with the clerk of this Court that immediate or irreparable loss or
damage will result to the Plaintiff(s) Accordingly, at _ o’clock M., this _ day of , 20 _,
Defendant(s) and his/her/their employees and agents are ordered to desist and refrain from:
For good cause shown, I order that no security be given by the Plaintiff(s) for the issuance of these Orders.
This Temporary Restraining Order EXPIRES 10 days from the date and time it was granted, BUT IT MAY BE RENEWED in the form of a
preliminary injunction At the Plaintiff’s request, a hearing to decide if a preliminary injunction should be issued has been scheduled for
the _ day of , 20 _, at _ o’clock _.M Upon two days’ notice to the Plaintiff(s), the Defendant(s)
may apply to the Court to dissolve or modify the Temporary Restraining Order
Further, the Defendant(s) must answer (respond to) the Plaintiff’s Complaint within 20 days of the date on which this Summons and a copy
of the Complaint are received The Answer must be in writing and must be filed with this Court and delivered to the Plaintiff(s) Failure to
do so shall result in the entry of a default judgment against the Defendant(s) for the relief requested in the Complaint
Judge’s Signature
A sample temporary restraining order ILLUSTRATION BY GGS CREATIVE RESOURCES REPRODUCED BY PERMISSION OF GALE,
A PART OF CENGAGE LEARNING.
TEMPORARY RESTRAINING ORDER 501
Trang 5because the loss of the car is not imminent.
Moreover, the loss of a car is not an irreparable injury; a court would likely expect the buyer to carry on with other modes of transportation
Now assume that the purchased vehicle is a large utility van that the buyer has customized
to use in her catering business The loss of the van for a few days would be disastrous to the business and could eventually lead to BANKRUPTCY, so the buyer would likely be able
to obtain a TRO, provided the harm was sufficiently imminent
The adverse party cannot appeal the issu-ance of a TRO to a higher court The best remedy for an adverse party is to obtain a court hearing as soon as possible on the issuance of a preliminary injunction Preliminary injunctions may be appealed to higher courts
TROs are commonly issued in situations involvingSTALKINGand harassment or damage to property Other common TRO situations in-clude UNFAIR COMPETITIONand trademark, COPY-RIGHT, or patent INFRINGEMENT, all of which involve potentially irreparable damage to a party’s economic livelihood
FURTHER READINGS Buzawa, Eve S., and Carl G Buzawa, eds 1996 Do Arrests and Restraining Orders Work? Thousand Oaks, Calif.: Sage.
Dempsey, Nancy L., and Kirstin L Stoll-DeBell 2009 Injunc-tive Relief: Temporary Restraining Orders and Preliminary Injunctions.Chicago: American Bar Association.
Shoben, Elaine W., and William Murray Tabb 1989 Remedies:
Cases and Problems Westbury, N.Y.: Foundation Press.
CROSS REFERENCES Injunction; Restraining Order.
TENANCY
A situation that arises when one individual conveys real property to another individual by way of a lease The relation of an individual to the land he or she holds that designates the extent of that person’s estate in real property
A tenancy is the occupancy or possession of land or premises by lease The occupant, known
as the tenant, must acquire control and posses-sion of the property for the duration of the lawful occupancy A tenancy can be created by any words that indicate the owner’s intent to convey a property interest on another individual
CROSS REFERENCE Landlord and Tenant.
TENANCY BY THE ENTIRETY
A type of concurrent estate in real property held
by a HUSBAND AND WIFE whereby each owns the undivided whole of the property, coupled with the RIGHT OF SURVIVORSHIP, so that upon the death of one, the survivor is entitled to the decedent’s share
ATENANCY BY THE ENTIRETYallows spouses to own property together as a single legal entity Under a tenancy by the entirety, creditors of an individual spouse may not attach and sell the interest of a debtor spouse: Only creditors of the couple may attach and sell the interest in the property owned by tenancy by the entirety There are three types of concurrent owner-ship, or ownership of property by two or more persons: tenancy by the entirety, JOINT TENANCY, andTENANCY IN COMMON A tenancy by the entirety can be created only by married persons A married couple may choose to create a joint tenancy or
a tenancy in common In most states a married couple is presumed to take title to property as tenants by the entirety, unless the deed or conveyancing document states otherwise The most important difference between a tenancy by the entirety and a joint tenancy or tenancy in common is that a tenant by the entirety may not sell or give away his interest in the property without the consent of the other tenant Upon the death of one of the spouses, the deceased spouse’s interest in the property devolves to the surviving spouse, and not to other heirs of the deceased spouse This is called the right of survivorship
Tenants in common do not have a right of survivorship In a tenancy in common, persons may sell or give away their ownership interest Joint tenants do have a right of survivorship, but a joint tenant may sell or give away her interest in the property If a joint tenant sells her interest in a joint tenancy, the tenancy becomes
a tenancy in common, and no tenant has a right
of survivorship A tenancy by the entirety cannot be reduced to a joint tenancy or tenancy
in common by a conveyance of property Generally, the couple must DIVORCE, obtain an ANNULMENT, or agree to amend the title to the property to extinguish a tenancy by the entirety
FURTHER READINGS Kurtz, Sheldon F., and Herbert Hovenkamp 2007 Cases and Materials on American Property Law 5th ed St Paul, Minn.: Thomson/West.
Orth, John V 2009 “The Perils of Joint Tenancies.” Real Property, Trust and Estate Law Journal 44 (fall).
502 TENANCY
Trang 6TENANCY IN COMMON
A form of concurrent ownership of real property in
which two or more persons possess the property
simultaneously; it can be created by deed, will, or
operation of law
TENANCY IN COMMON is a specific type of
concurrent, or simultaneous, ownership of real
property by two or more parties Generally,
concurrent ownership can take three forms:
JOINT TENANCY, TENANCY BY THE ENTIRETY, and
tenancy in common These forms of concurrent
ownership give individuals a choice in the way
that co-ownership of property will be carried
out Each type of tenancy is distinguishable
from the others by the rights of the co-owners
Usually, the term tenant is understood to
describe a person who rents or leases a piece of
property In the context of concurrent estates,
however, a tenant is a co-owner of real property
All tenants in common hold an individual,
undivided ownership interest in the property
This means that each party has the right to
alienate, or transfer the ownership of, her
ownership interest This can be done by deed,
will, or other conveyance In a tenancy by the
entirety (a concurrent estate between married
persons), neither tenant has the right of
alien-ation without the consent of the other When a
tenant by the entirety dies, the surviving spouse
receives the deceased spouse’s interest, thus
acquiring full ownership of the property This is
called aRIGHT OF SURVIVORSHIP Joint tenants also
have a right of survivorship A joint tenant may
alienate his property, but if that occurs, the
tenancy is changed to a tenancy in common and
no tenant has a right of survivorship
Another difference between tenants in
common and joint tenants or tenants by the
entirety is that tenants in common may hold
unequal interests By contrast, joint tenants and
tenants by the entirety own equal shares of the
property Furthermore, tenants in common
may acquire their interests from different
instruments: Joint tenants and tenants by the
entirety must obtain their interests at the same
time and in the same document
FURTHER READINGS
Kurtz, Sheldon F., and Herbert Hovenkamp 2007 Cases
and Materials on American Property Law 5th ed St.
Paul, Minn.: Thomson/West.
Orth, John V 2009 “The Perils of Joint Tenancies.” Real
Property, Trust and Estate Law Journal 44 (fall).
TENANCY IN COPARCENARY
A type of concurrent estate in real property by which property rights were acquired only through intestacy by the female heirs when there were no surviving male heirs
This type of estate, which has only historical value today, occurred when an ancestor left no son who could take property by primogeniture
TENANT
An individual who occupies or possesses land or premises by way of a grant of an estate of some type, such as in fee, for life, for years, or at will A person who has the right to temporary use and possession of particular real property, which has been conveyed to that person by a landlord
CROSS REFERENCES Landlord and Tenant.
TENDER
An offer of money; the act by which one individual offers someone who is holding a claim or demand against him or her the amount of money that the offeror regards and admits is due, in order to satisfy the claim or demand, in the absence of any contingency or stipulation attached to the offer
The two essential characteristics of tender are an unconditional offer to perform, together with manifested ability to do so, and the production of the subject matter of tender
The term is generally used in reference to an offer to pay money; however, it may properly
be used in reference to an offer of other kinds
of property
CROSS REFERENCE Tender Offer.
TENDER OFFER
A proposal to buy shares of stock from the stockholders of a corporation, made by a group
or company that desires to obtain control of the corporation
A tender offer to purchase may be for cash
or some type of corporate security of the acquir-ing company—for example, stock, warrants, or debentures Such an offer is sometimes subject
to either a minimum or maximum that the offeror will accept and is communicated to the stockholders through newspaper advertise-ments or a general mailing to the complete list
TENDER OFFER 503
Trang 7of stockholders Tender offers are subject to regulations by state and federal SECURITIES laws, such as the WILLIAMS ACT (15 U.S.C.A § 78a et seq.)
CROSS REFERENCES Mergers and Acquisitions; Stock Warrant.
TENDER YEARS DOCTRINE
A doctrine rarely employed in CHILD CUSTODY disputes that provides that, when all other factors are equal, custody of a child of tender years—
generally under the age of 13 years—should be awarded to the mother
The TENDER YEARS DOCTRINE is a judicial presumption that operates in DIVORCE cases to give custody of a young child to the mother Most states have eliminated this presumption, and some courts have held that the tender years doctrine violates theEQUAL PROTECTIONClause of theFOURTEENTH AMENDMENTto the U.S Constitu-tion because it discriminates on the basis of sex
Early English COMMON LAW originally gave custody of the children of divorcing parents to the father Women had few individual rights until the nineteenth century; most of their rights were derived through their fathers and husbands Under these conditions women had
no right to raise their children after a divorce
In the early nineteenth century, Mrs
Caroline Norton, a prominent London hostess, author, and journalist, began to campaign for the right of women to have custody of their children Norton, who had undergone a divorce and been deprived of her children, was able to convince the British Parliament to enact legis-lation to protect mothers’ rights The result was the Custody of Infants Act of 1839, which gave some discretion to the judge in a child custody case and established a presumption of maternal custody for children under the age of seven years
In 1873 Parliament extended the presumption
of maternal custody until a child reached 16 years of age Courts made exceptions in cases
in which the father established that the mother had committedADULTERY
Many courts and legislatures in the United States adopted the tender years presumption
To grant custody of a child to a father was“to hold nature in CONTEMPT, and snatch helpless, puling infancy from the bosom of an affection-ate mother, and place it in the coarse hands of the father.” The mother was “the softest and
safest nurse of infancy” (Ex parte Devine, 398
So 2d 686 [Ala 1981], quoting Helms v Franciscus, 2 Bland Ch [Md.] 544 [1830]) The tender years presumption in child custody cases persisted for more than 100 years, with the majority of states recognizing the presumption In the latter half of the twentieth century, courts and legislatures began to reverse decisions and repeal laws that recognized the tender years presumption in favor of gender-neutral considerations In most states the best interests of the child are now the primary consideration in child custody cases, and the primary caretaker is presumed to be the best parent to handle primary custody of a small child Some state courts have gone so far as to hold that the tender years doctrine violates the Equal Protection Clause of the state constitu-tion (See, e.g., King v Vancil, 34 Ill App 3d
831, 341 N.E.2d 65[Ill 1975].)
A small number of states still recognize the tender years presumption, but only in certain cases In Pennington v Pennington, 711 P.2d 254 (Utah 1985), the Supreme Court of Utah stated that it had “long expressed a preference for placing very young children in the mother’s custody.” The court noted, however, that “the preference operates only when all other things are equal.” The Pennington court held that the best interests of the child were to be given primary consideration, and it went on to affirm the award
of child custody to the father in the case
In other areas of the law, the term tender years may refer to a law that creates special rules for small children For example, some states enact special laws governingHEARSAYevidence in child SEX ABUSE cases These tender years laws create exceptions to evidentiary rules by allow-ing the introduction of hearsay statements and videotaped testimony of children under a certain age
FURTHER READINGS Bookspan, Phyllis T 1993 “From a Tender Years Presump-tion to a Primary Parent PresumpPresump-tion: Has Anything Really Changed? Should It?” Brigham Young University Journal of Public Law 8 (January) Katz, Sanford N 1992 “‘That They May Thrive’ Goal of Child Custody: Reflections on the Apparent Erosion of the Tender Years Presumption and the Emergence of the Primary Caretaker Presumption ” Journal of Contempo-rary Health Law and Policy, Catholic University 8 (spring) McLain, Lynn 1997 “Children Are Losing Maryland’s
‘Tender Years’ War.” University of Baltimore Law Review 27 (fall).
504 TENDER YEARS DOCTRINE
Trang 8Pica, Derek A 1999 “The Tender Years Doctrine: Is It Still
the Law? ” Advocate (Idaho) 38 (January).
Radke, Lynn E 1993 “Michigan’s New Hearsay Exception:
The ‘Reinstatement’ of the Common Law Tender Years
Rule.” Univ of Detroit Mercy Law Review 70 (winter).
Rinella, Lori 1995 “Children of Tender Years and
Contribu-tory Negligence ” UMKC Law Review 63 (spring).
CROSS REFERENCES
Child Abuse; Children ’s Rights; Family Law; Sexual Abuse.
TENEMENT
A comprehensive legal term for any type of
property of a permanent nature—including land,
houses, and other buildings as well as rights
attaching thereto, such as the right to collect rent
In the law of EASEMENTS, a dominant
tene-ment or estate is that for which the advantage
or benefit of an easement exists; a servient
tenement or estate is a tenement that is subject
to the burden of an easement
The term tenement is also used in reference
to a building with rooms or apartments that are
leased for residential purposes It is frequently
defined by statute, and its meaning therefore
varies from one jurisdiction to another
TENNESSEE VALLEY AUTHORITY
In 1933 U.S President FRANKLIN DELANO
ROOSE-VELT approved the passage of the TENNESSEE
VALLEY AUTHORITY ACT(16 U.S.C.A § 831 et seq.)
The act provided for a source of hydroelectric
power, control of a troublesome flood situation,
revitalization of forest areas, and navigation and
economic benefits for the region These goals,
announced during a devastating nationwide
depression, made the Tennessee Valley
Author-ity (TVA) an ambitious project of the era
The idea for the project was originally
developed in 1918, when two nitrate facilities
and a dam were constructed at Muscle Shoals,
Alabama, on the Tennessee River Previously
the area had been prone to severe floods, and
water travel was impeded by sandbanks The
area had abundant natural resources, but the
surrounding basin was depleted, and the region
had experienced a depressed economy even
before the hard times suffered throughout the
nation in the Depression of the 1930s
Politicians and developers of the project
envisioned a growth of industry and water
power in the Tennessee Valley, as well as the
manufacture of low-priced fertilizer and public
control of the valuable resources Debates over
whether the project area should be rented to private parties or be controlled by the govern-ment continued throughout the 1920s Senator GEORGE W.NORRISof Nebraska was instrumental
in the passage of measures by Congress advo-cating government control, but these bills did not receive presidential approval until 1933, when Roosevelt based his Tennessee Valley plan
on the Norris proposals
Roosevelt’s Tennessee Valley Act authorized the establishment of a corporation owned by the federal government and directed by Arthur
E Morgan, the chairman, and Harcourt A
Morgan, and David Lilienthal The early years
of TVA were fraught with adversity, particu-larly when its constitutionality was questioned
Disputes between the directors and an investi-gation conducted by Congress hampered its initial achievements, but the TVA continued its work despite these difficulties
The Norris Dam was one of the first major projects of the Tennessee Valley Authority in 1942 LIBRARY OF CONGRESS TENNESSEE VALLEY AUTHORITY 505
Trang 9The TVA succeeded in its projected goals.
Since the development of its dams and reser-voirs, the region has not been subjected to serious floods The electrical system developed
by the TVA afforded the region power at a low cost, and throughout the decades, power development has been extended to include coal and nuclear systems The TVA also benefited agrarian interests by encouraging conservation, replenishment of forests, and agricultural and fertilizer research Although the power program
of the TVA is financially self-supporting today, other programs conducted by the authority are financed primarily by appropriations from Congress
FURTHER READINGS Colignon, Richard A 1997 Power Plays: Critical Events in the Institutionalization of the Tennessee Valley Authority.
Albany: State Univ of New York Press.
Creese, Walter L 1990 TVA’s Public Planning: The Vision, the Reality Knoxville: Univ of Tennessee Press.
TENNESSEE VALLEY AUTHORITY ACT The Tennessee Valley Authority Act was passed
by the U.S Congress in 1933 to establish the TENNESSEE VALLEY AUTHORITY (TVA), an autono-mous federal corporate agency responsible for the integrated development of the Tennessee River basin The concept of the TVA Act (16 U.S.C.A § 831 et seq.) initially appeared in the early 1920s, when Senator GEORGE W NORRIS introduced a plan to have the government assume the operation of the Wilson Dam and other installations the government had con-structed at Muscle Shoals, Alabama, for national security reasons duringWORLD WAR I President CALVIN COOLIDGEand President HERBERT HOOVER,
in 1928 and 1931, respectively, vetoed the legislation In 1933 President Roosevelt re-worked the legislation, and Congress passed the TVA Act This version significantly ex-panded the scope of the previous legislation in that it propelled the federal government into a comprehensive scheme of regional planning and development This marked the first time one agency was directed to coordinate the entire resource development of a major region, and the endeavor served as the prototype for similar river projects
The TVA serves to provide navigation, flood control, electricity generation, fertilizer manu-facturing, and economic development in the
Tennessee Valley, a region particularly impacted
by the Great Depression The TVA’s jurisdiction covers most of Tennessee, parts of Alabama, Mississippi, and Kentucky, and small slices of Georgia, North Carolina, and Virginia The TVA is a political entity with a territory the size
of a major state, and with some state powers (such as eminent domain), but unlike a state,
it has no citizenry or elected officials
Through the TVA, the TVA Act has been responsible for revitalizing the economy of the Tennessee River basin, particularly by the con-struction of reservoirs and multipurpose dams Other noteworthy projects of the TVA, executed
in conjunction with local authorities, have included malaria control; tree planting; the development of mineral, fish, and wildlife re-sources; land conservation; educational and social programs; and the construction of recre-ational facilities adjacent to reservoir banks
FURTHER READINGS Colignon, Richard A 1997 Power Plays: Critical Events in the Institutionalization of the Tennessee Valley Authority Albany: State Univ of New York Press.
Creese, Walter L 1990 TVA’s Public Planning: The Vision, the Reality Knoxville: Univ of Tennessee Press.
CROSS REFERENCES Endangered Species Act; Environmental Law.
TENOR
An exact replica of a legal document in words and figures
For example, the tenor of a check would
be the exact amount payable, as indicated on its face
TENTH AMENDMENT The Tenth Amendment to the U.S Constitution reads:
The powers not delegated to the United States by the Constitution, nor prohibited by
it to the States, are reserved to the States, respectively, or to the people
Ratified in 1791, the Tenth Amendment to the Constitution embodies the general princi-ples of FEDERALISM in a republican form of government The Constitution specifies the parameters of authority that may be exercised
by the three branches of the federal government: executive, legislative, and judicial The Tenth Amendment reserves to the states all powers that are not granted to the federal government
506 TENNESSEE VALLEY AUTHORITY ACT
Trang 10by the Constitution, except for those powers
that states are constitutionally forbidden from
exercising
For example, nowhere in the federal
Con-stitution is Congress given authority to regulate
local matters concerning the health, safety, and
morality of state residents Known as police
powers, such authority is reserved to the states
under the Tenth Amendment Conversely, no
state may enter into a treaty with a foreign
government because such agreements are
pro-hibited by the plain language of Article I to the
Constitution
At the time the states adopted the Tenth
Amendment, two primary conceptions of
gov-ernment were under consideration Many
feder-alists supported a centralized national authority,
with power concentrated in a single entity This
type of government was exemplified by the
English constitutional system, which vested
absolute authority in the monarchy during the
seventeenth century and in Parliament during
the eighteenth century
At the same time, many anti-federalists
supported a more republican form of
govern-ment consisting of a loose confederation of
sovereign states that would form an alliance only
for the purpose of mutual defense TheARTICLES
OF CONFEDERATION, which governed the 13 states
in national matters until 1787, when the
Con-stitution was ratified, epitomized this form of
government Under the Articles of
Confedera-tion, the national government was unable to levy
and collect taxes on its own behalf
Many federalists, such as JAMES MADISON,
argued that the Tenth Amendment was
unnec-essary because the powers of the federal
govern-ment are carefully enumerated and limited in
the Constitution Because the Constitution does
not give Congress, the president, or the federal
judiciary the prerogative to regulate wholly
local matters, Madison concluded that no such
power existed and no such power would ever
be exercised However, British oppression had
made the Founding Fathers fearful of unchecked
centralized power The Tenth Amendment was
enacted to limit federal power Although it
appears clear on its face, the Tenth Amendment
has not been consistently applied
Before theCIVIL WAR, nearly every state urged
a broad reading of the Tenth Amendment No
state wanted a federal government that was
impotent against internal enemies or foreign
aggressors, but many state politicians challenged the authority of the federal government to regulate any matter that could otherwise be handled by local authorities For example, immediately after the U.S Revolution, all 13 states resisted federal efforts to force local governments to return the property of British loyalists taken during the war During the first half of the nineteenth century, Southern states objected to federal legislation that attempted
to limit SLAVERY State sovereignty reached its height when 11 states seceded from the Union
to form theCONFEDERACY Following the Civil War, the Tenth Amend-ment was virtually suspended For a number of years during theRECONSTRUCTIONera, the federal government occupied the former Confederate states with military troops and required each occupied state to ratify the Civil War Amend-ments, which outlawed slavery, gave African Americans the right vote, and declared the equality of all races To a large extent the federal government ran local matters in Southern states during this period
In 1883 the Tenth Amendment regained some of its force In that year theSUPREME COURT invalidated the federal CIVIL RIGHTS Act of 1875 (18 Stat 335), which criminalized racial
In this 1789 draft of the Bill of Rights, the Tenth Amendment
to the Constitution appears as Article the Twelfth, reserving to the states or to the people powers not delegated to the federal government NATIONAL ARCHIVES AND RECORDS ADMINISTRATION TENTH AMENDMENT 507