Unlike the X rating, the NC-17 rating was trademarked by the MPAA, so it could not be used by producers of films that were not MPAA productions.. However, the defense has never been succ
Trang 1principal’s son and the principal’s doctor, and then notarized The Durable General Power of Attorney was later challenged by the principal’s daughter, who claimed that the principal had lacked mental capacity to sign the document, due to his medical condition In re Hoerter,
15 Misc.3d 1101(A), 836 N.Y.S.2d 499 (Table N.Y Sur 2007)
FURTHER READINGS McGovern, William M., and Sheldon F Kurtz 2001 Wills, Trusts, and Estates 2d ed St Paul, Minn.: West Group.
CROSS REFERENCES Signature.
X, MALCOLM SeeMALCOLM X
X RATING
A classification devised by the Motion Picture Association of America (MPAA) and the National Association of Theater Owners (NATO) in 1968
to designate certain films containing excessive violence or explicit sexuality It was replaced in
1990 by the NC-17 rating (no one 17 and under admitted)
Since the 1920s the U.S movie industry has practiced self-regulation to forestall government
CENSORSHIP In 1968, the MPAA and NATO adopted a movie-rating system that is based on age classification Any film produced or distrib-uted by members of MPAA must receive a rating from a Ratings Board, which is part of its Classification and Rating Administration There
are five rating classifications: G (suitable for all ages); PG (parental guidance suggested); PG-13 (may not be suitable for children under age 13);
R (restricted, children younger than age 17 must
be accompanied by a parent or guardian); and, until 1990, X (no one under age 17 admitted)
In 1990, the X rating was changed to NC-17 The distinction between the R and the X rating was based on the overall sexual or violent content of a movie A movie was given an R rating
if it contained adult themes, nudity, sex, or profanity A movie given an X rating contained
an accumulation of brutal or sexually connota-tive language or explicit sex, or excessive and sadistic violence
Over time, very few MPAA-produced movies were given an X rating If an X rating was awarded, a producer would usually re-edit the film to qualify for an R rating This re-editing was done because theater owners generally refused to book X-rated movies, thereby reducing the size of the potential audience In the 1970s, the X-rating concept was used by the producers and exhibitors of pornographic movies as a promotional device Though these films were not MPAA produc-tions, and the producers could not submit their films for review, the X rating was not trademarked by MPAA This meant that pornographic films could be advertised as X-rated or XXX-rated, which suggested that the MPAA’s X rating was a code for hardcore
PORNOGRAPHY Because of this problem, the X rating was changed in 1990 to NC-17 The MPAA sought
to reaffirm the ORIGINAL INTENT of the 1968 ratings design, in which the “adults-only” category explicitly describes a movie that most parents would not want their children to see Unlike the X rating, the NC-17 rating was trademarked by the MPAA, so it could not be used by producers of films that were not MPAA productions Despite the attempt to remove the taint of pornography from the adults-only category, the NC-17 rating, like the X rating before it, is avoided by motion picture compa-nies Theater owners remain opposed to exhibiting films that substantially restrict the size of the potential audience, many of whom are 17 years old or younger
Because it was never trademarked, the X rating is still used occasionally by films that do not seek the MPAA’s approval More
Movies may be
advertised as rated
XXX in order to
attract customers, but
this is not a rating
from the Motion
Picture Association of
America, which only
rates movies produced
by its members.
JAMES LEYNSE/CORBIS.
G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 E
478 X, MALCOLM
Trang 2commonly, those films are released as unrated
or with no rating
FURTHER READINGS
Classification and Rating Administration Website
“Every-thing You Always Wanted to Know about the Movie
Rating System ” Available online at www.filmratings.
com/questions.htm (accessed Sept 25, 2009).
CROSS REFERENCES
Entertainment Law; Movie Rating; Theaters and Shows.
XYY CHROMOSOMAL ABNORMALITY
DEFENSE
A legal theory that holds that a defendant’s XYY
chromosomal abnormality is a condition that
should relieve him or her of legal responsibility for
his or her criminal act
Criminologists have examined many theories
as to why a person becomes a criminal Since the
nineteenth century, biological theories have been
proposed that seek to link criminal behavior with
innate characteristics, yet these theories have
been strongly challenged by the scientific
com-munity With the development of modern
genetics, scientists have noted abnormalities in
the chromosomal structure of some people
A chromosome is the threadlike part of the
cell that carries hereditary information in the
form of genes The normal human genetic
complement consists of 23 pairs of
chromo-somes One of these pairs determines gender
Women have two X chromosomes, and men
usually have an X and a Y chromosome
However, in 1 in 500 to 1,000 live male births,
an individual has an extra Y chromosome This
XYY abnormality is often characterized by
tallness and severe acne and sometimes by
skeletal malformations and mental deficiency
With the discovery of the XYY abnormality
in 1961, some social scientists proposed a link
between the abnormality and aggressive and
impulsive behavior This “supermale”
syn-drome seemed confirmed when studies of
prison populations showed the presence of the
abnormality to be significantly higher than in
the general population
Armed with these studies, defense attorneys
sought to use the XYY chromosomal
abnor-mality as a criminal defense theory However,
the defense has never been successfully used in
the United States Though the abnormality can
be easily diagnosed using a blood test, the courts
have rejected the defense because of the lack of
conclusiveness of SCIENTIFIC EVIDENCE regarding the theory of criminality
The legal community’s misgivings have been confirmed by subsequent studies of the general population, especially those in which affected individuals were observed from early childhood over a long period of time These studies have cast serious doubt on the validity of linking the chromosomal anomaly directly to behavioral abnormalities Numerous XYY individuals live normal lives as law-abiding citizens In the early twenty-first century, the XYY defense is com-pletely discredited and is very rarely used
XYZ AFFAIR The XYZ Affair was a diplomatic incident that almost led to war between the United States and France The scandal inflamed U.S public opinion and led to the passage of the ALIEN AND SEDITION ACTS of 1798 (1 Stat 570, 596)
Though the affair caused an unofficial naval war, the two countries were able to negotiate their differences and end their conflict in 1800
The affair took place during one of the Napoleonic wars between France and Great Britain The French regarded the United States
as a hostile nation, particularly after the signing
of Jay’s Treaty in 1794 This treaty settled some
of the problems that continued to cause friction between the United States and Great Britain after the peace treaty of 1783 that granted the colonies independence Consequently, President
JOHN ADAMS appointed Charles Pinckney minis-ter to France in 1796 in an attempt to ease French-U.S relations
After Charles Talleyrand, the French foreign minister, refused to recognize Pinckney, Adams appointed a commission to France, consisting
of Pinckney,JOHN MARSHALL, and Elbridge Gerry
Before official negotiations on a treaty to establish peaceful relations and normalize trade could occur, Talleyrand sent three French agents to meet with the commission members
The agents suggested that Talleyrand would agree to the treaty if he received from the United States a $250,000 bribe and France received a $10 million loan The commission refused, with Pinckney quoted as saying, “No!
No! Not a sixpence!”
Outraged, the commission sent a report to Adams, who inserted the letters X, Y, and Z in place of the agents’ names and forwarded the report to Congress Congress and the public
XYZ AFFAIR 479
Trang 3were angered at the attempted BLACKMAIL An undeclared naval war took place between the two nations between 1798 and 1800 Anticipat-ing a declared war with France, Congress enacted the Alien and SEDITION Acts These internal security laws were aimed at French and Irish immigrants, who were thought to be supportive of France The acts lengthened the period of NATURALIZATION for ALIENS, authorized the president to expel any alien considered dangerous, permitted the detention of subjects of
an enemy nation, and limitedFREEDOM OF THE PRESS Talleyrand, unwilling to risk a declared war with the United States, sought an end to the dispute The next U.S delegation that was sent
to France was treated with appropriate respect, and the Treaty of Morfontaine, which restored
normal relations between France and the United States, was signed in 1800
The XYZ Affair also served as the basis for the first direct federal tax imposed on Amer-icans in 1798, essentially a property tax on land and slaves
FURTHER READINGS Finklestein, Paul, ed 2006 Encyclopedia of the American Nation Detroit: Charles Scribner’s Sons.
Stinchcombe, William C 1980 The XYZ Affair Westport, Conn.: Greenwood Press.
Vaughan, Harold Cecil 1972 The XYZ Affair, 1797–98: The Diplomacy of the Adams Administration and an Unde-clared War with France New York: F Watts.
CROSS REFERENCES Virginia and Kentucky Resolves.
G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 E
480 XYZ AFFAIR
Trang 4YALTA AGREEMENT
British prime minister Winston Churchill, U.S
president FRANKLIN D ROOSEVELT, and Soviet
premier JOSEPH STALIN met from February 4
to 11, 1945, at Yalta, in the Crimea The
conference—the last attended by all three of
these leaders—produced an agreement
con-cerning the prosecution of the war against
Japan, the occupation of Germany, the structure
of theUNITED NATIONS, and the post–WORLD WAR II
fate of Poland, Czechoslovakia, Hungary,
Romania, and Bulgaria The Yalta agreement
proved to be controversial, as many in the
United States criticized Roosevelt for
abandon-ing Eastern Europe to the Communists
Roosevelt went to Yalta seeking early Soviet
participation in the war against Japan Fearing
that Japan would not surrender easily, Roosevelt
promised Stalin the return of territories lost
following the Russo-Japanese War of 1905
Stalin agreed to declare war on Japan, but only
90 days after the surrender of Germany With
the surrender of Japan in August 1945, which
followed the dropping of nuclear bombs by the
United States on the cities of Hiroshima and
Nagasaki, the Soviet Union obtained the
promised territories after expending minimal
military effort
Roosevelt also sought Stalin’s approval of
the U.N Charter, which had already been
drafted Stalin had previously insisted that each
of the 16 Soviet republics be represented and
that the permanent members of the Security
Council retain a permanent VETOon all issues, not just those involving sanctions or threats to peace Roosevelt and Churchill objected to this proposal, and at Yalta, Stalin agreed to three seats for the Soviet Union in the General Assembly and a limited veto
The postwar status of Germany was also settled at Yalta Germany was to be divided into four zones of occupation by the three countries and France, as was the city of Berlin Germany was to have its industrial base rebuilt, but its armaments industries were to be abolished or confiscated The leaders also approved the creation of an international court to try German leaders as war criminals, setting the stage for the
NUREMBERG TRIALSand other denazification efforts The most troublesome issue was the fate of the Eastern European countries that Germany had conquered during the war The Soviet army occupied most of the territory, making it difficult for Churchill and Roosevelt to bargain with Stalin on this point It was agreed that interim governments in these countries would give way to democratically elected regimes as soon as practicable On Poland, Churchill and Roosevelt abandoned the London-based Polish government-in-exile, agreeing that members
of this group must work with the Soviet-dominated group with headquarters in Lublin, Poland The boundaries of Poland were altered
as well, with its eastern border following the Curzon Line and its western border expanded into former German territories
Y
Trang 5In the aftermath of World War II, the results envisioned in the Yalta agreement on Eastern Europe proved illusory Communist regimes were established by the Soviet Union, accompa-nied by the destruction of democratic political groups The legacy of Yalta continued until the collapse of COMMUNISM and the emergence of democracy in the late 1980s and early 1990s
FURTHER READINGS Harbutt, Fraser 2009 Yalta 1945: Europe and America at the Crossroads New York: Cambridge Univ Press.
Yakovlev, Alexander, ed 1985 The Yalta Conference, 1945:
Lessons of History Moscow: Novosti Press Agency.
CROSS REFERENCES Roosevelt, Franklin Delano; Stalin, Joseph; World War II.
YEAR BOOKS Books of legal cases, or reporters, published annually in England from the thirteenth to the sixteenth century
The development of English COMMON LAW
was based on the law of the case Lawyers and courts relied on previous court decisions that involved similar issues of law and fact The law
of the case could not take hold, however, until cases were recorded, reported, and eventually published The English Year Books, which were created in about 1290, are the first example of a reporting system Though they were informal and often contained running commentary about the judges’ personalities and the lawyers’
quips, the Year Books were referred to increas-ingly by judges and lawyers
During the reign of King Edward I (1272-1307) legal materials began to be collected into separate books for each year During this early period the Year Books were extremely informal They contained accounts by anonymous scribes and law students of courtroom proceedings and arguments that helped explain the judicial decision The quality of the reports varied according to the abilities of the note takers Despite these shortcomings, the reports con-veyed basic procedural information to lawyers and students, but they stated fewRULES OF LAW EnglishLEGAL PUBLISHINGbegan in 1481 with the printing of the Year Book Until that time Year Books had been prepared and circulated in handwritten copies It was during this period that the Year Books became more professional and uniform They were published at the expense of the Crown, but they were not official reports of cases The printed versions were arranged by year, but it sometimes took two or three years after a case had been decided for it to
be reported
The compilation of Year Books ceased in
1535 during the reign of King Henry VIII, for reasons that remain unclear Thereafter court reports were issued in a different form by named reporters
Since the late nineteenth century, modern critical editions of the Year Books have been prepared by theSELDEN SOCIETY Legal historians have found the Year Books a rich source of information about law and life in medieval England
YELLOW DOG CONTRACT
An employment agreement whereby a worker promises not to join aLABOR UNIONor promises to resign from a union if he or she is already a member
Until the 1930s, employers were able to use
a variety of measures to prevent employees from joiningLABOR UNIONS One of the most effective was the yellow dog contract, which frequently forced employees to either sign an agreement not to join a union or be fired Courts upheld the legality of yellow dog contracts and frequently struck down state laws that sought to outlaw them The enactment of theWAGNER ACT
in 1935 (29 U.S.C.A § 151 et seq.) finally put an end to these types of agreements
(L-r) British Prime
Minister Winston
Churchill, U.S.
President Franklin D.
Roosevelt, and Soviet
Premier Joseph Stalin
meet in Yalta, in
the Crimea, in
February 1945.
RARE BOOKS AND
SPECIAL COLLECTIONS
DIVISION, LIBRARY OF
CONGRESS.
G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 E
482 YEAR BOOKS
Trang 6The U.S Supreme Court’s hostility to efforts
by government to outlaw the yellow dog
contract was rooted in the concept of “liberty
of contract.” Near the end of the nineteenth
century, the Court used the DUE PROCESS
provisions of the Fifth and Fourteenth
Amend-ments to the U.S Constitution to strike down
federal and state laws regulating business These
amendments provide that no government was
to “deprive any person of life, liberty, or
property, without due process of law.” The
Court interpreted this prohibition to include
the negotiating of terms of employment
be-tween an employer and an employee
Therefore, in Adair v United States, 208 U.S
161, 28 S Ct 277, 52 L Ed 436 (1908), the Court
struck down a federal law that protected union
members by prohibiting yellow dog contracts and
the discharge or blacklisting of employees for
union activities In his majority opinion Justice
JOHN HARLAN presumed that there was equal
bargaining power between an employer and an
employee, and that the law was an unreasonable
intrusion on personal liberty and property rights,
as guaranteed by theFIFTH AMENDMENT
When Kansas enacted a law prohibiting
yellow dog contracts, the Court declared the law
unconstitutional under the FOURTEENTH
AMEND-MENTas an infringement of freedom of contract
Coppage v Kansas, 236 U.S 1, 35 S Ct 240, 59
L Ed 441 (1915)
The Wagner Act of 1935 gave employees the
right to join unions and to bargain collectively
with their employers Congress outlawed the
yellow dog contract and other UNFAIR LABOR
PRACTICESon the part of employers, finding that
these practices were contrary to public policy
Existing yellow dog contracts were declared
unenforceable by the courts The Supreme
Court’s upholding of the constitutionality of
the Wagner Act inNLRB V.JONES&LAUGHLIN STEEL
CORP., 301 U.S 1, 57 S Ct 615, 81 L Ed 893
(1937), meant the end of the yellow dog
contract
FURTHER READINGS
Cushman, Barry 1992 “Doctrinal Synergies and Liberal
Dilemmas: The Case of the Yellow-Dog Contract ”
Supreme Court Review (annual).
Ernst, Daniel 1989 “The Yellow-Dog Contract and Liberal
Reform, 1917 –1932.” Labor History 30 (spring).
CROSS REFERENCES
Labor Law; Substantive Due Process.
YICK WO V HOPKINS
An 1896 U.S Supreme Court decision, Yick
Wo v Hopkins, 118 U.S 356, 6 S Ct 1064, 30 L
Ed 220 (1886), held that the unequal applica-tion of a law violates the EQUAL PROTECTION CLAUSEof theFOURTEENTH AMENDMENTto the U.S
Constitution
A law that is racially neutral on its face may
be deliberately administered in a discriminatory way, or it may have been enacted in order to disadvantage a racial minority In Yick Wo v
Hopkins, the Supreme Court stated for the first time that a state or municipal law that appears
to be fair on its face will be declared unconstitutional under the Fourteenth Amend-ment because of its discriminatory purpose
Yick Wo, a native and subject of China, was convicted and imprisoned for violating
an ordinance of the city of San Francisco, California, which made it unlawful to maintain
a laundry “without having first obtained the consent of the board of supervisors, except the same be located in a building constructed either
of brick or stone.” The 1880 ordinance was neutral on its face, but its purpose and its administration appeared suspect to Yick Wo and other Chinese Most laundries in San Francisco were owned by Chinese and were constructed out of wood The few laundries owned by whites were located in brick build-ings At the time the ordinance was passed, Chinese immigration had brought around 75,000 Chinese to California, half of whom lived in San Francisco The white population became increasingly anti-Chinese and sought ways to control the Chinese population
In 1885 the San Francisco Board of Super-visors denied Yick Wo and 200 other Chinese laundry owners their licenses, even though their establishments had previously passed city inspections After he was denied his license, Yick Wo continued to operate his business He was eventually arrested and jailed for ten days for violating the ordinance More than 150 other Chinese laundry owners were also arrested for violating the ordinance
On appeal to the U.S Supreme Court, Yick
Wo argued that the ordinance violated the Fourteenth Amendment, as the law denied him equal protection of the laws He pointed out that only one-quarter of the laundries could operate under the ordinance, with 73 owned by non-Chinese and only one owned by a Chinese
YICK WO V HOPKINS 483
Trang 7San Francisco contended the ordinance was a valid exercise of the POLICE POWERS granted by the U.S Constitution to cities and states
Justice STANLEY MATTHEWS, writing for a unanimous court, struck down the ordinance
Matthews looked past the neutral language to strike down the ordinance as a violation of the Fourteenth Amendment’s Equal Protection Clause He found that the division between wood and brick buildings was an “arbitrary line.”
Moreover, whatever the intent of the law may have been, the administration of the ordinance was carried out “with a mind so unequal and oppressive as to amount to a practical denial by the state” of equal protection of the laws
Matthews held that:
Though the law itself be fair on its face, and impartial in appliance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations be-tween persons in similar circumstances, mate-rial to their rights, the denial of equal justice is still within the prohibition of the constitution
Because the unequal application of the ordinance furthered“unjust and illegal discrim-ination,” the Court ruled that the ordinance was unconstitutional under the Fourteenth Amendment
Yick Wo has become a central part of CIVIL RIGHTSjurisprudence If a law has a discrimina-tory purpose or is administered unequally, courts will apply the Fourteenth Amendment and strike down the law Yick Wo is also the source of modern civil rights DISPARATE IMPACT
cases, in which discrimination is established by statistical inequality rather than through proof
of intentional discrimination
FURTHER READINGS Chin, Gabriel J 2007 “Unexplainable on Grounds of Race:
Doubts about Yick Wo.” Arizona Legal Studies Working Paper No 30-07.
Kaylor, Dan 1980 “Orders that Wouldn't Wash: Historical Background of Yick Wo v Hopkins ” Lincoln Law Review 11 (spring).
Maltz, Earl M 1994 “The Federal Government and the Problem of Chinese Rights in the Era of the Fourteenth Amendment ” Harvard Journal of Law & Public Policy
17 (winter).
YIELD Current return from an investment or expenditure
as a percentage of the price of investment or expenditure
The term yield is the proportionate rate that income from an investment bears to the total cost of the investment For example, a ten-dollar profit on a one hundred dollar investment represents a 10 percent yield Thus, a yield for stock dividends or bond interest paid will be expressed as a percentage of the current price A yield can also refer to the bond coupon orSTOCK DIVIDENDrate, divided by the purchase price There are several specific types of yields On bonds, a current yield is the annual interest paid, divided by the current market price of the bond
As interest rates fall, the market price of the bond rises; as they rise, bond prices fall The current yield reflects the actual rate of return on a bond For example, a 9.5 percent bond with a face value of $1,000 yields $95 per year If this bond is purchased on the secondary bond market for
$1,100, the interest will still be $95 per year, but the current yield will be reduced to 8.6 percent because the new owner paid more for the bond
A nominal yield is the annual income received from a fixed-income security, divided
by the face value of the security It is stated as a percentage figure For example, if a security with a face value of $5,000 were to generate $500 in income, the nominal yield would be 10 percent
On bonds, a yield to maturity is a complex calculation that reflects the overall rate of return
an investor would receive from a bond if the bond is held to maturity and the interest payments are reinvested at the same rate It takes into account the purchase price, the coupon yield, the time to maturity, and the time between interest payments
A net yield is the rate of return on an investment after deducting all costs, losses, and charges for investment A dividend yield is the current annual dividend, divided by the market price per share of stock.“Yield spread” refers to differences in yields between various issues of
SECURITIES
In the oldENGLISH LAWof real property, when
a tenant did a service for his landlord, that was referred to as a yield This is why older leases often utilize the term “yielding and paying” in reference to the reservation of rent
YORK-ANTWERP RULES
A group of directives relating to uniform bills of lading and governing the settlement of maritime losses among the several interests, including ship and cargo owners
G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 E
484 YIELD
Trang 8Maritime law includes international
agree-ments, national laws on shipping, and private
agreements voluntarily adhered to by the parties
involved in shipping contracts The York-Antwerp
Rules of General Average are the best known
example of such private agreements, as they
establish the rights and obligations of the parties
when cargo must be jettisoned from a ship
Under the law of general average, if cargo is
jettisoned in a successful effort to refloat a
grounded vessel, the owners of the vessel and
the cargo saved are required to absorb a
proportionate share of the loss, in order to
compensate the owner of the cargo that has
been singled out for sacrifice All participants in
the maritime venture contribute to offset the
losses incurred The law of general average
became an early form of marine insurance
The York-Antwerp Rules were first
promul-gated in 1890 and have been amended several
times, most recently in 1994 They are the result
of conferences of representatives of mercantile
interests from many countries The rules provide
uniform guidelines on the law of general average
that are included in private shipping agreements
and depend upon their voluntary acceptance by
the maritime community These international
rules ensure uniformity and determine the rights
and obligations of the parties
The rules are incorporated by reference into
most bills of lading (documents given by a
shipping company that list the goods accepted
for transport and sometimes list the terms of
the shipping agreement), contracts of
affreight-ment (a contract with a ship owner to hire the
ship, or part of it, for the carriage of goods), and
marine insurance policies
The York-Antwerp Rules attempt to cover
many types of expenses associated with an
imperiled ship For example, the rules provide
for recovery by the ship owner of the costs of
repair, loading and unloading cargo, and
main-taining the crew, if these expenses are necessary
for the safe completion of the voyage Claims are
generally made against the insurer of the cargo
and the ship owner’s insurance underwriters
FURTHER READINGS
Cooke, Julian, and Richard Cornah 2007 The Law of
General Average and the York-Antwerp Rules.13th ed.
West Yorkshire, U.K.: Sweet & Maxwell.
Fernandez, Charles and Anthony 1999 “Interpreting the
Rule of Interpretation In the York-Antwerp Rules.”
Journal of Maritime Law and Commerce 30 (July).
Kouladis, Nicholas 2006 Principles of Law Relating to International Trade New York: Springer.
CROSS REFERENCES Admiralty and Maritime Law; Shipping Law.
vYOUNG, OWEN D
Owen D Young was a prominent corporate lawyer and businessperson who played a major part in negotiating German reparations follow-ing WORLD WAR I His 1929 proposal to restructure reparations, called the Young Plan, was an attempt to relieve financial pressure on Germany and end active oversight of its economy by the United States, Great Britain, and France
Young was born on October 27, 1874, in Van Hornesville, New York He graduated from
St Lawrence University in 1894 and earned a law degree from Boston University in 1896 He later completed a doctorate in Hebrew literature
in 1923 from St Lawrence
Young practiced law in Boston from 1896 until 1913, when he moved to New York City
In 1913 Young’s handling of a case against a General Electric Company subsidiary brought
an invitation to become GE’s general counsel
By 1922 he had become chairman of the board
Owen D Young LIBRARY OF CONGRESS
MANAGERS[ARE]NO LONGER ATTORNEYS FOR STOCKHOLDERS,
THEY[ARE]
BECOMING TRUSTEES
OF AN INSTITUTION
—O WEN D Y OUNG
Trang 9Always interested in the problems of the laboring man, he pushed for the adoption of employee STOCK OPTION plans and the use of unemployment insurance Under his guidance (and teaming with president Gerard Swope), GE shifted into the extensive manufacturing of home electrical appliances, establishing the company as a leader in this field and speeding the mass electrification of farms, factories and transportation systems within the United States
He was chairperson of the board of directors from 1922 to 1939 and again from 1942 to
1944 Young also organized Radio Corporation
of America (RCA) in 1919 and was its honorary chairperson from its inception until 1929 In the mid-1920s he helped found the National Broadcasting Company (NBC)
In 1924 Young and Charles G Dawes represented the United States at the post-World War I reparations conference The TREATY OF VERSAILLES had mandated that a Reparations Commission be formed to determine how much Germany was to pay the Allies for war destruction and to set the terms of payment The German government complained that the payment sched-ule was unrealistic In response, the U.S repre-sentatives helped formulate the Dawes Plan under which Germany was to make billions of dollars of reparations stretching over a period of years
The German economy prospered from 1924
to 1929 but it still could not make its annual reparations payment The Reparations Commis-sion, seeking to resolve the issue, appointed Young in 1929 to head a committee to develop a workable reparations plan Young played a major role in creating the proposal, which reduced German reparations to approximately $26 bil-lion, one-third the amount originally assessed in
1921 Payments were spread out over 58 years, ending in 1988, and were to be made to the new Bank for International Settlements The Young plan also called for the DISSOLUTION of the Reparations Commission and an end to Allied occupation of the Rhineland The German government quickly agreed to these terms Despite the more favorable terms, right-wing German opposition leaders campaigned against the Young Plan, seeing it as another attempt to humiliate Germany.ADOLF HITLERand his Nazi party demanded the government repudiate the war debt and the war-guilt clause
of Versailles upon which the debt was based Nevertheless, the plan was approved by the German Reichstag When Hitler came to power
in 1933, however, he refused to recognize the plan and repudiated all war debts, making the Young Plan a dead letter Young died on July
11, 1962, in St Augustine, Florida
FURTHER READINGS Case, Josephine Young, and Everett Needham 1984 Owen
D Young and American Enterprise: A Biography Boston: David R Godine.
Marks, Sally 2003 The Illusion of Peace: International Relations in Europe, 1918–1933 New York: Palgrave Macmillan.
CROSS REFERENCES Hitler, Adolf; Treaty of Versailles.
YOUNGSTOWN SHEET & TUBE CO V SAWYER
In Youngstown Sheet & Tube Co v Sawyer, 343 U.S 579, 72 S Ct 863, 96 L Ed 1153 (1952), the Supreme Court reviewed the constitutionality of
Owen D Young 1874–1962
❖
1874 Born,
Van Hornesville, N.Y.
◆
1913 Became general counsel for the General Electric (GE) Company
◆
1896 Earned law degree from Boston University
1933 Hitler came to power in Germany and repudiated all war debts
1922–39 Served as chair of the board of directors of GE
1914–18 World War I
1962 Died,
St Augustine, Fla.
1919–33 Served on RCA's executive committee
1939–45 World War II
1950–53 Korean War
1961–73 Vietnam War
1900
❖
◆
1918 Treaty of Versailles ended World War I and laid out German reparations payments
◆
1919 Organized Radio Corporation of America (RCA)
1924 Represented United States at Reparations Commission conference; helped construct the Dawes Plan
1929 Developed Young Plan to restructure Germany's reparations payments
◆ ◆
1947 Served on Truman's Commission
on Foreign Aid, which developed the Marshall Plan 1942–44 Returned to chairmanship of GE
◆
◆
G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 E
486 YOUNGSTOWN SHEET & TUBE CO V SAWYER
Trang 10an EXECUTIVE ORDER directing the secretary of
commerce to seize possession of the nation’s
steel mills during a labor dispute and keep them
operating while hostilities continued in the
KOREAN WAR Also known as the Steel Seizure
Case, Youngstown Sheet & Tube stands for the
proposition that the EXECUTIVE BRANCH has no
constitutional authority to seize possession of
private property, even if it is for public use
during times of national emergency because such
authority is vested in the lawmaking powers of
Congress
The case arose from a labor dispute between
American steel companies and their employees
over the terms of a collective bargaining
agreement that was under negotiation in 1951
Employees wanted higher wages, but
manage-ment protested that such increases could only
be met through drastic price hikes President
HARRY S TRUMAN opposed further price hikes
because the economy was already suffering from
inflation However, Truman feared that any
disruption in domestic steel production would
impede the American war effort in Korea,
which was entering its second year, and thus
imperil the safety of U.S troops
When negotiations between labor and
management reached an impasse, the
employ-ees’ representative, United Steelworkers of
America, C.I.O., announced its intention to
commence a nationwide strike on April 12,
1952, at 12:01A.M A few hours before the strike
was to begin, Truman issued Executive Order
10340, which commanded the secretary of
commerce, Charles Sawyer, to seize most of
the nation’s steel mills and keep them running
In carrying out this order, the secretary
directed the presidents of the seized steel
companies to serve as operating managers for
the U.S government Until directed otherwise,
each president was to operate his plant in
accordance with the rules and regulations
prescribed by the secretary While obeying these
orders under protest, the steel companies filed a
lawsuit in U.S District Court for the District of
Columbia, seeking declaratory relief to
invali-date the executive order and injunctive relief to
restrain its enforcement
On April 30, 1952, the district court issued a
PRELIMINARY INJUNCTION immediately restraining
the secretary of commerce from continuing the
seizure and possession of the steel mills On that
same day, the U.S Court of Appeals for the
District of Columbia stayed the district court’s order on the grounds that resolution of such
an issue is more appropriate for the U.S
Supreme Court GrantingCERTIORARIthree days later, the Supreme Court decided the case on June 12, 1952
In a 6–3 decision, the Supreme Court invalidated the executive order and affirmed the district court’s judgment JusticeHUGO BLACK
delivered the opinion of the Court The president’s power to issue the order, the Court said, derives, if at all, from an act of Congress or from the U.S Constitution There are no other sources forPRESIDENTIAL POWER, the Court wrote
The Court found that Truman had not acted pursuant to congressional authority Prior
to issuing the order, Truman had given Congress formal notice of the impending seizure However, neither house responded
The Court also observed that Congress had considered amending the LABOR-MANAGEMENT RELATIONS ACT of 1947, 61 Stat 136, popularly known as the TAFT-HARTLEY ACT, to include a provision authorizing the seizure of steel mills
in times of national crisis Yet, Congress rejected the idea No other federal statutory authority existed, the Court stressed, from which presidential power to seize a private business could be fairly inferred
The Court next turned to the president’s constitutional powers Article II of the Consti-tution delegates certain enumerated powers to the executive branch Unlike Article I, which gives Congress a broad grant of authority to make all laws that are“necessary and proper” in exercising its legislative function, Article II limits the authority of the executive branch to narrowly specified powers
Consistent with Article II, the Court said, a president may recommend the enactment of a particular bill,VETOobjectionable legislation, and
“faithfully execute” laws that have been passed by both houses of Congress As commander in chief, thePRESIDENT OF THE UNITED STATESis vested with ultimate responsibility for the nation’s armed forces However, the Court emphasized, the office of the president has no constitutional authority outside the language contained within the four corners of the Constitution
Lawyers for the executive branch had argued that the presidency carries with it certain inherent powers that may be reasonably in-ferred from the express provisions of the
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