Gale Encyclopedia Of American Law 3Rd Edition Volume 2 P9 pptx

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Gale Encyclopedia Of American Law 3Rd Edition Volume 2 P9 pptx

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Over time these exemptions produced a bewil- dering set of rules that appeared arbitrary and at times absurd. For example, a hardware store could be open on Sundays, and the proprietor could sell nails, but not hammers. After WORLD WAR II and expansion of U.S. consumer culture, Sunday closing laws were repealed, or were not enforced for commerce that did not involve the sale of alcohol. Nevertheless, non-Christians and some business owners chafed under the restrictions that remained in force. The Supreme Court resolved the constitu- tionality of blue laws in McGowan v. Maryland, 366 U.S. 420, 81 S.Ct. 1101, 6 L.Ed.2d 393 (1961). The state of Maryland mandated that many businesses must be closed on Sunday. Occupations of necessity or charity were exempted from the law, which included hospi- tals. Department stores could open on Sunday, but only certain retail items could be sold on that day: tobacco products, candy, milk, bread, fruit, gasoline, oils, greases, drugs, medicines, newspapers, and magazines. Maryland fined the employees of a department store for selling items not on the exempted list. These items included a notebook, a can of floor wax, a stapler and staples, and a toy submarine. The employees appealed their convictions all the way to the Supreme Court, arguing that the Maryland blue law violated the EQUAL PROTEC- TION and Due Process clauses of the FOURTEENTH AMENDMENT as well as the First Amendment’s Establishment Clause. They contended that the law was based on specific religious beliefs and compelled all persons to minimally observe the Christian day of worship. The Court rejected these arguments and upheld the law. Chief Justic e EARL WARREN, writing for the majority, acknowledged that the law and other similar laws had originally been enacted for religiou s purposes. He concluded, however, that the Sunday closing laws had evolved into further secular ends and that this defeated an Establishment Clause claim. The Court, in reviewing the history of b lue laws, ruled that nonreligious reasons for the laws had been propounded since the 1700s. Secular argument for blue laws included the idea that it was good for the government to encourage people to take a day off work for rest and relaxation. In addition, the Court ruled that the employees could not make an Establish- ment Clause claim because they did not allege that their religious freedom had been in- fringed. They had only claimed the law had caused them economic h arm. The Court, however, did not address how the secular goals it described were achieved when the law merely banned the sale of certain retail items. Justice WILLIAM O. DOUGLAS filed a dissenting opinion in which he argued that the state had no business restricting innocent acts because they offe nded the “ sentiments of their Christian neighbors.” In his view the law violated the Establishment Clause. Since this decision the Supreme Court has not revisited blue laws. As long as these laws can be supported by a secular purpose they will be viewed as constitutional. In the 40 years since McGowan, however, most states and localities have abandoned enforcement of blue laws. The one exception remains the sale of alcohol on Sundays by liquor stores. FURTHER READINGS Andrus, Silas. 1999. The Blue Laws. Storrs, CT: Bibliopola. “The First Amendment Religion Clauses and Labor and Employment Law in the Supreme Court, 1984 Term.” 1986. New York Law School Law Review 31 (winter). Raucher, Alan. 1994. “Sunday Business and the Decline of Sunday Closing Laws: A Historical Overview.” Journal of Church and State 36 (winter). BLUE RIBBON JURY A group of highly qualified persons selected by a court on the request of either party to a lawsuit to decide complex and specialized disputes. A blue ribbon jury is also known as a special jury. From the earliest period of COMMON LAW, such juries were used to try cases beyond the understanding of the average person so that justice could be administered as fairly as possible. A number of states still provide for blue ribbon juries by statute. It is not an absolute right in all jurisdictions, however, but rather a matter wherein the court can exercise its discretion. The use of a blue ribbon jury does not violate the constitutional guarantees of trial by a fair and impartial jury or EQUAL PROTECTION of laws if the process by which its jurors are selected is neither arbitrary nor invidiously discriminatory. CROSS R EFERENCE Due Process of Law. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 68 BLUE RIBBON JURY BLUE SKY LAW A popular name for state statutes providing for the regulation and supervision of securities offerings and sales, to protect citizen-investors from invest- ing in fraudu lent companies. Most blue sky laws require the registration of new issues of securities with a state agency that reviews selling documents for accuracy and completeness. Blue sky laws also often regulate securities brokers and salespeople. Almost all states have adopted blue sky laws, regulating the sale of securities—investments in bonds, mutual funds, limited partnersh ips, and so forth. These laws acquired their name as early as 1917, when the Supreme Court issued a decision on “speculative schemes which have no more basis than so many feet of ‘blue sky’” (Hall v. Geiger–Jones Co., 242 U.S. 539, 37 S. Ct. 217, 61 L. Ed. 480). Blue sky laws place requirements on cor- porations and SECURITIES dealerships that offer investments for sale to the public in a particular state. These laws are in many cases adopted from the Uniform Securities Act, and are usually enforced primarily by the state’s attor- ney general’s office. The federal SECURITIES AND EXCHANGE COMMISSION (SEC) enforces federal laws that concern foreign and interstate trans- actions. State blue sky laws require corporations to register securities before selling them so that regulators can check their marketing informa- tion for accuracy. National on-line computer networks that became widely available in the mid-1990s posed new problems fo r states trying to enforce these requirements. Texas, Ohio, and New Jersey were among states that by 1995 had begun prosecuting some of the thousands of dealers who were offering unregistered invest- ment opportunities to small investors on computer bulletin boards. State laws usually require corporations to file financial information, and can deny cor- porations the privilege of doing business if their profile or history is risky. State investigators can determine whether a corporation’s financial structure allows it to sell certain securities. The laws also spell out the qualifications of brokers, dealers, salespeople, investment advisers, and others who work in the securities business. They require dealers to identify the type of investments they are planning to sell and where. Among the activities blue sky laws seek to prevent are hard-sell tactics. Telephone “stock-peddling” techniques that are hig h- pressure and misleading can result in the suspension of a broker’s license. A 1992 survey by Louis Harris and Associates indicated that more than one-third of all U.S. citizens had received a phone call about investing, and five percent had made a purchase. Many states now require that brokerages and corporations selling on the public market also provide a printed prospectus that describes the risks of investing. What happens when blue sky laws do not work? States often provide an avenue for victims of illegally sold securities to try to recover their money, sometimes in addition to criminal prosecution. Investors can charge MISREPRESEN- TATION or lack of suitability and can demand restitution from the broker in ARBITRATION. CLASS ACTION suits can also be filed against a fraudu- lent brokerage or corporation. FURTHER READINGS CCH Editorial Staff. 2006. Blue Sky Law Desk Reference. Chicago: CCH Inc. Maynard, Therese H. 1997. “Commentary: The Future of California’s Blue Sky Law.” Loyola de Los Angeles Law Review 30 (June). Shade, Joseph. 1997. “Financing Exploration: Requirements of Federal and State Securities Laws.” Natural Resources Journal 37 (summer). Slobodzian, Joseph A. 1999. “Third Circuit Upholds Blue Sky Law.” The National Law Journal 20 (February 1). CROSS REFERENCES Securitie s; Stock. BOARD OF DIRECTORS A group of people comprising the governing body of a corporation. The shareholders of a corporation hold an election to choose people who have been nominated to direct or manage the corporation as a board. In the past nearly all states required that at least three directors run a corporatio n. The laws have changed, however, since many corporations have only one or two shareholders and therefore require only one or two directors to serve on the board. Directors are elected at the first annual meeting of shareholders and at each successive annual meeting for one-year term s, unless they are divided into classes. In a corporation that divides its directors into classes, called a classified board, conditions are often imposed concerning the minimum size of the board, the minimum number of directors to be elected GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BOARD OF DIRECTORS 69 annually, and the maximum number of classes or maximum terms. The purpose of a classified board, which is expressly permitted by most statutes, is to make takeover attempts more difficult by staggeri ng the terms of the directors. Removal of a director during the course of his or her term may occur for cause by shareholders or by the board itself if there is a provision in the bylaws or ARTICLES OF INCORPO- RATION that confers such power upon them. The removal of a director for cause is reviewable by a court. Many jurisdictions have put into effect statutes that concern the removal of directors with or without cause. The functions of directors involve a fidu- ciary duty to the corporation. Directors are in control of others’ property and their powers are derived primarily from statute. Directors are responsible for determining and executing corporate policy. For example, they make decisions regarding supervision of the entire enterprise and regarding products and services. Liabilities of directors extend to both their individual and joint actions. A director who commits a tort against his or her corporation can be held personally liable. Directors are bound by certain duties such as the duty to act within the scope of their authority and to exercise due care in the performance of their corporate tasks. BOARD OF PARDONS Part of the executiv e branch of state government authorized to grant pardons, and restore civil and political rights, to individuals convicted of crimes. A pardon, in the legal sense, releases an indi- vidual from punishment or penalty, but does not necessarily exonerate them of guilt. Unlike the federal government, where the president possesses the power to pardon per- sons convicted of felonies, many states have delegated this EXECUTIVE BRANCH function to boards of pardons. These boards review pardon applications and determine if individuals have demonstrated that they have acted constructi- vely. Pardon applicants who have been law- abiding citizens and who have stable work and family histories have the best chance of receiv- ing pardons. Review boards are empowered through state constitutions to issue pardons or, in some cases, to recommend pardons to the governor. The membership of boards of pardons varies from state to state. For example, in Georgia the governor appoints those who sit on the five-member board, whereas in Minnesota the board is composed of the governor, chief justice of the state supreme court, and the state attorney general. Where a statute does not designate constitutional officers (e.g., governor or SECRETARY OF STATE) pardon boards generally consist of individuals with experience or an interest in the crimin al justice system. Members may be current or former law enforcement officers, correctional officials, lawyers, educa- tors, and business people. Board members usually serve four- or five-year terms. In many states the board also reviews applications for parole (early and conditional release) from prison, but the popularity of mandatory sen- tencing has greatly reduced the need for these boards to conduct parole reviews. Eligibility for pardons is governed by statute. Generally, a person convicted of a crime of violence must wait ten years since the discharge of the sentence and cannot be on parole or probation. A person convicted of a nonviolent crime generally must wait five years before applying for a pardon. Some pardon boards also allow an applicant to seek relief earlier for GOOD CAUSE. However, these pardons are difficult to obtain because pardon boards usually must vote unanimously to grant them. An applicant must file the appropriate paperwork with the board of pardons. The board then notifies the sentencing judge and prosecutor of the hearing date and time. Many states also notify crime victims of the hearing date and publish notices in local newspapers where the crime occurred. At the hearing, the applicant explains to the board why he or she is deserving of a pardon and presents character witnesses. Judges, prosecutors, and victims may also testify. The pardon board considers all testimony and any written submissions before voting. Boards of pardon may grant an absolute pardon, which is also called a full or uncondi- tional pardon. In contrast, the board may grant a conditional pardon, which must state the terms and conditions on which it was granted. A person who receives an absolute or condi- tional pardon still bears a criminal record and GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 70 BOARD OF PARDONS is required to disclose this information on employment applications and similar forms. However, pardon boards may issue a pardon extraordinary that sets aside the conviction and effectively erases the person’s criminal record. With an pardon extraordinary the recipient does not have to disclose the conviction except in a judicial proceeding. Pardon board decisions are not appealable to a court of law. A person who is den ied a pardon usually will face an uphill batt le to secure it at a future time. For example, in Minnesota two of the three pardon board members must grant permission for the filing of a second application. FURTHER READINGS Abadinsky, Howard. 2005. Probation and Parole: Theory and Practice. 9th ed. Upper Saddle River, NJ: Prentice Hall. Kalinich, David, John Klofas, and Stan Stojkovic. 2008. Criminal Justice Organizations: Administration and Management. 4th ed. Belmont, CA: Wadsworth. Miller, Vivien. 2000. Crime, Sexual Violence, and Clemency: Florida’s Pardon Board and Penal System in the Progressive Era. Gainesville: Univ. Press of Florida. BOARD OF REGENTS An independent governing body that oversees a state’s public colleges and universities. All 50 states have governing bodies that oversee the administration of public education. A number of states call the body that admin- isters the state college and university system the board of regents. The word regent is an English term that originally meant ruler. In the British university system, a regent presided over academic debate s; this association with higher education increased over time. Some states refer to their educational bodies as boards of trustees, which suggests the type of role such boards play in education. In a few states, including New York, the board of regents also oversees elementary and secondary education. Most boards of regents, however, deal only with post-secondary education institutions. Boards of regents gain their authority from either state constitutional provisions or statutes. States that create a board of regents through constitutional means grant these boards great political independence. For many states such a provision creates a “fourth branch of govern- ment,” insulated from direct interference by a governor or legislature. Board members, how- ever, are selected by these branches. They are either nominated by the governor and con- firmed by the legislature, or elected directly by the legislature. Regents serve for specified terms of office and are selected as at-large members or drawn from particular regions of the state. A board of regents has a number of duties it must perform. It must do short-range and long- range planning, develop and articulate the vision and mission of the university system, hire and oversee the university chief executive and other top leadership, and make broad policy decisions. Regents are not expected to be involved in day-to- day administration, but they do serve on standing committees that review all aspects of university life. In addition, they are often called on to lobby the governor and legislature for funding. Though these boards meet monthly or bimonthly, the work is constant. This is not surprising, as the annual budgets of state college systems rival those of midsize corporations. Unlike corporate directors, regents do not receive compensation for their service. Boards of regents approve policies that may be challenged in court. For example, numerous university systems have implemented student codes of conduct, which ban certain types of speech and behavior because they are consid- ered to be “hate crimes.” These policies sometimes result in lawsuits alleging the restriction of FIRST AMENDMENT rights (UWM Post, Inc. v. Board of Regents of University of Wisconsin, 774 F.Supp. 1163 [E.D.Wis.1991]). Boards of regents also have been involved in controversy over AFFIRMATIVE ACTION admission policies. Some policies have generated litigation that has reached the Supreme Court ( GRATZ V. BOLLINGER, __U.S.__, 123 S.Ct. 2411, __L. Ed.2d__ [2003]). Because of such high profile issues, boards of regents have been attacked by those who have opposing viewpoints. In some cases, a new governor or a displeased legislature will replace regents with whom they disagree. In general, however, boards are usually diverse bodies, composed of business executives, doctors, labor leaders, farmers, lawyers and, in some cases, a member of the student body. Historically, the independence of boards of regents has been respected. FURTHER READINGS Birnbaum, Robert. 1991. How Colleges Work: The Cyber- netics of Academic Organization and Leadership. San Francisco: Jossey-Bass. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BOARD OF REGENTS 71 ———. 2001. Management Fads in Higher Education: Where They Come From, What They Do, Why They Fail. San Francisco: Jossey-Bass. Duderstadt, James J. 2000. A University for the 21st Century. Ann Arbor: Univ. of Michigan Press. BODY The principal part of anything as distinguished from its subordinate parts, as in the main part of an instrument. An individual, an organization, or an entity given legal recognition, such as a corporation or “body corporate.” A compilation of laws known as a “body of laws.” BODY EXECUTION An arrest; a seizure of a defendant. A sheriff or other public officer can be ordered by a court to arrest a DEFENDANT and the officer executes the order by taking the body of the defendant into custody. The order itself may be called a CAPIAS,orcapias ad satisfaciendum (Latin for “that you take him in order to satisfy it”). v BOGGS, CORINNE CLAIBORNE Corinne Claiborne (“Lindy”) Boggs was a Democratic representative from New Orleans, the first woman from Louisiana elected to the U.S. Congress. During her 17 years in Congress her political acumen and experience made her a popular and effective politician. Boggs was born March 13, 1916, on Brunswick Plantation, in Louisiana. Her father owned a successful sugar plantation. She received her bachelor’sdegreein1935fromSophieNew- comb College at Tulane University and taught history in Romeville, Louisiana. Her 1938 MAR- RIAGE to Hale Boggs marked the beginning of an enduring and formidable political dynasty. Boggs and her husband first went to Washington in 1940 when he was a first-year representative from New Orleans. Then only 24 and 26 years old, respectively, the young couple devoted themselves to the DEMOCRATIC PARTY. Boggs’s husband lost his bid for reelection in 1942 but regained his seat in 1946, beginning a string of 22 consecutive victories by him or Boggs. During the years that her husband was in Congress, Boggs, in addition to raising their three children, worked as his campaign manager, did community work in New Orleans, organized social events, and devised an innovative bill- tracking system for her husband at a time when no such system existed. When her husband was killed in an airplane crash in 1972, Boggs ran in the special election to fill his seat. She won easily, becoming Louisiana’s first woman—and one of only 14 women—in Congress. Although Boggs took her seat in 1973 as a first-year representative, her three decades as a congressional wife had given her the types of contacts enjoyed only by senior members. The friendships and alliances she had developed with prominent Democrats helped her gain an appointment to the House Appropriations Committee. There she used her influence to deliver many important appropriations to her home district, including money for colleges, hospitals, housing projects; a $10 million energy research center at the University of New Orleans; and numerous navigational and hurri- cane protection projects. Boggs built a reputation as a compassionate, even-tempered lawmaker who quietly worked long hours in the nitty-gritty, behind-the-scenes operation of the Appropriations Committee. Boggs’s other “firsts” included being the first woman to chair the Democratic National Convention, in 1976, and the first female regent ▼▼ ▼▼ Corinne Claiborne “Lindy” Boggs 1916– ❖ ◆◆ ◆ ◆ ◆◆ ◆ ◆ ◆◆ 1916 Born, Brunswick Plantation, La. 1914–1918 World War I 1935 Earned bachelor’s degree from Sophie Newcomb College 1938 Married Hale Boggs 1940 Hale Boggs elected to U.S. House of Representatives 1946 Hale Boggs reelected to the House; began 26- year tenure 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War 1972 Hale Boggs killed in plane crash 1973 Became Louisiana’s first congresswoman 1976 Served as first female chair of Democratic National Convention 1990 Retired from Congress 2006 Received Congressional Distinguished Service Award 1994 Washington through a Purple Veil published 1997–2001 Served as U.S. ambassador to the Vatican 1905 1925 1950 1975 2000 I CAME TO REALIZE THAT THERE IS NO TRUE DEMOCRACY UNLESS ALL ITS CITIZENS HAVE EQUAL OPPORTUNITY , AND THAT ALL PEOPLE SHOULD BE ABLE TO PARTICIPATE IN THEIR GOVERNMENT . —CORINNE “LINDY” B OGGS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 72 BODY of the Smithsonian Institution. At the time of her retirement, she was the only white con- gressperson representing a district where most of the voters were African American, defying the conventional wisdom that voters prefer candi- dates of their own race. In addition to her work on the Appropria- tions Committee, Boggs served on the Banking, Currency, and Housing Committee, where she worked to pass legislation aimed at solving the housing problems of elderly people and mem- bers of other low- and middle-income groups. A strong supporter of equal opportunities for women, she helped pass legislation that guar- antees equal access to credit and prohibits discrimination on the basis of sex in the granting of small-business loans. During her many years in Washington, D.C., Boggs acted as an unofficial hostess for the Democratic party, presiding over parties and receptions attended by most of the Democrats in the nation’s capital. In looking back on her career, Boggs expressed pride in having played a “small role in opening doors for blacks and women,” in helping to fund Head Start, and in securing money for businesses owned by minorities and women. She stressed that leaving public office would not mean the end of her career. Since leaving the House, Boggs has lectured at Tulane University and the University of New Orleans and established the Hale and Lindy Boggs Center for Legislative Affairs, at Georgetown University Law School. In January 1991 she attended the dedication of the Lindy Claiborne Boggs Room, a reading room for congresswomen at the U.S. Capitol. In 1997 Boggs was confirmed by the Senate as U.S. ambassador to the Vatican, a position she held until March 2001. Since that time she has spoken on the topics of health care ADVOCACY and other health issues. Boggs has also spoken of her political and personal experiences, including raising two politi- cally active daughters. Her older daughter, Barbara Boggs Sigmund, was the mayor of Princeton, New Jersey, when she became termi- nally ill with cancer. Boggs cited Sigmund’sillness as one of the reasons she did not run for reelection in 1990; Sigmund died later that year. Boggs’s younger daughter, Corinne “Cokie” Roberts, works as a journalist and congressional reporter for National Public Radio and ABC News. In 2006 Boggs was awarded the Congressio- nal Distinguished Service Award for her service in the House of Representatives. FURTHER READINGS Berry, Dawn Bradley. 1996. The 50 Most Influential Women in American Law. Los Angeles: Contemporary Books. Boggs, Lindy, with Katherine Hatch. 1994. Washington through a Purple Veil: Memoirs of a Southern Woman. New York: Harcourt Brace. Catholic Health Association. Available online at <www. chausa.org> (accessed August 24, 2009). Ehrenhalt, Alan, ed. 1983. Politics in America. Washington, D.C.: Congressional Quarterly. Gilbert, Lynn, and Gaylen Moore. 1981. Particular Passions: Talks with Women Who Have Shaped Our Times. New York: Potter. Keil, Sally Van Wagenen. 1979. Those Wonderful Women in Their Flying Machines. New York: Rawson Wade. O’Neill, Lois D., ed. 1979. The Women’s Book of World Records and Achievements. Garden City, N.Y.: Anchor Press. Stineman, Esther. 1980. American Political Women. Littleton, Colo.: Libraries Unlimited. BOILERPLATE A description of uniform language used normally in legal documents that has a definite, unvarying meaning in the same context that denotes that the words have not been individually fashioned to address the legal issue presented. Corinne Claiborne “Lindy” Boggs. GETTY IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION BOILERPLATE 73 v BOLIN, JANE MATILDA Jane Matilda Bolin was the first black woman judge in the United States. Jane Matilda Bolin was born April 11, 1908, in Poughkeepsie, New York, to Gaius C. Bolin and Matilda Emery Bolin. Her father, who was born to a Native American mother and a black father, was the first African American graduate of Williams College. He went on to become a lawyer and practiced law in Poughkeepsie for more than 50 years. Bolin’s mother was born in England and immigrated to the United States with her parents. Bolin was raised in a middle-class family. She attended public elementary and secondary schools. After graduation from high school, she entered Wellesley College and soon was named a Wellesley scholar, one of the top 20 women in her class. She received her bachelor of arts degree, with honors, in 1928. Shortly after her graduation from college, Bolin announced her intention to attend Yale Law School. Her father was at first opposed to the idea because he felt that the law was a profession unsuited to women. He let his daughter know he would prefer her to pursue teaching, but she was determined to become a lawyer. Bolin graduated from Yale Law School in 1931, becoming the first African American woman to do so. Bolin was admitted to the New York bar in 1932 and began her legal career with her father and brother’s law firm in Poughkeepsie. In 1933 she married Ralph E. Mizelle, also an attorney, and they settled in New York City. Bolin’s judicial career commenced just a few years after she and her husband began practic- ing law together. On April 7, 1937, she was named assistant corporate counsel in New York City’s law department. She served two years in that position before being summoned, to her complete surprise, to the office of Mayor Fiorello La Guardia. On July 22, 1939, La Guardia appointed Bolin justice of the Domestic Relations Court of the City of New York (later called the family court), making her the first black female judge in the United States. She presided over family court cases for four consecutive ten-year terms, until she reached the mandatory retirement age of 70. In her many years on the bench, Bolin saw the full spectrum of domestic cases : serious crimes, including homicides, committed by juveniles; nonpayment of family support; spouse ▼▼ ▼▼ Jane Matilda Bolin 1908–2007 1905 1950 1975 2000 1925 ❖ ❖◆ ◆ ◆◆◆◆ 1961–73 Vietnam War 1950–53 Korean War 1939–45 World War II 1914–18 World War I 1908 Born, Poughkeepsie, N.Y. 2007 Died, Queens, N.Y. 1928 Received B.A. from Wellesley College 1931 Became first African American female graduate of Yale Law School 1937 Appointed assistant corporation counsel of New York City 1939 Became first African American female judge in U.S. when Mayor La Guardia appointed her to the New York City Domestic Relations Court 1967 Thurgood Marshall became first African American U.S. Supreme Court justice 1978 Retired at then-mandatory age of 70 1979 Became member of New York State Regents Review Committee ◆ Jane Bolin. THE LIBRARY OF CONGRESS I’D RATHER SEE IF I CAN HELP A CHILD THAN SETTLE AN ARGUMENT BETWEEN ADULTS OVER MONEY . —JANE BOLIN GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 74 BOLIN, JANE MATILDA battering; child neglect; lack of supervision for children; ADOPTION; and PATERNITY. Upon her retirement in 1978, she noted that during her years as a judge she had viewed a steady increase in violent behavior among young people. Asked if she could suggest solutions to the problem, Bolin responded that the answers were very complex and that she could not accept the “easy answers” psychiatrists and social workers were handing out, “saying it’s because of the wars or the violent programs on television.” From the beginning of her career, Bolin was determined to fight racial prejudice in any way she could. She worked to bring about changes in the way PROBATION officers were assigned to cases in family court. When she became a judge, black probation officers were assigned exclusively to cases involving black families; through Bolin’s efforts, probation officers were eventu- ally assigned without regard to race or RELIGION. She also instituted a requirement that private social service agencies receiving public funds accept children without regard to ethnic background. “They used to put a big N or PR on the front of every [file], to indicate if the family was black or Puerto Rican,” she recalled, because the agencies were segregated. Bolin has been described as a militant, but quiet, fighter for justice. She earned a reputation as a courageous, no-nonsense, hard worker who never shirked an assignment. In addition to being a committed professional, Bolin served on the boards of a number of organiza tions: the New York Urban League, the National Associa- tion for the Advancement of Colored People ( NAACP) and its New York chapter, the Harlem Tuberculosis Committee, the legislative com- mittee of the United Neighborhood Houses, the Wiltwick School for Boys, the Dalton School, and the Harlem Lawyers’ Association. She was a member of the Committee on Children of New York City, the Scholarship Service and Fund for Negro Students, and the Committee against Discrimination in Housing. Bolin and her first husband had one child, Yorke Bolin Mizelle, who was born in 1941 and became a New York businessman. Asked how she combined motherhood, community activities, and a high-pressure career, Bolin said, “Ididn’t get all the sleep I needed, and I didn’t g et to travel as much as I would have liked, because I felt my first obligation was to my child.” Bolin’sfirst husband died in 1943. In 1950 she married Walter P. Offutt Jr., a minister, who died in 1974. In recognition of her many accomplish- ments and contributions to the field of FAMILY LAW , Bolin received many awards, including honorary doctor of law degrees from Morgan State University, Western College for Women, Tuskegee University, Hampton University, and Williams College. However, asked to recount her most memorable experience, she did not speak of her many achievements. Rather, she told the story of a child who was in trouble and whose mother asked Bolin to send the child to the same institution where she had spent some time. When Bolin said she preferred to help the mother keep her child at home, the woman told her the institution had helped her, and she wanted the same help for her child. Bolin listened to the mother’s reasoning and complied with her wishes. After her retirement, Bolin worked as a family law consultant and did volunteer tutor- ing in math and reading with public school children. Bolin died in New York on January 8, 2007, at the age of 98. FURTHER READINGS Drachman, Virginia G. 1998. Sisters in Law: Women Lawyers in Modern American History. Cambridge: Harvard Univ. Press. Harrington, Mona. 1994. Women Lawyers: Rewriting the Rules. New York: Knopf. Hine, Darlene C., ed. 1993. Black Women in America: An Historical Encyclopedia. Brooklyn: Carlson. Mack, Kenneth W. 2002. “A Social History of Everyday Practice: Sadie T.M. Alexander and the Incorporation of Black Women into the American Legal Profession.” Cornell Law Review. 87 (September). Smith, Jessie C., ed. 1992. Notable Black American Women. Detroit: Gale Research. BONA FIDE [Latin, In good faith.] Honest; genuine; actual; authentic; acting without the intention of defrauding. A bona fide purchaser is one who pur- chases property for a VALUABLE CONSIDERATION that is inducement for entering into a contract and without suspicion of being defrauded or deceived by the seller. He or she has no notice of any defects of the title. A bona fide purchaser pays in GOOD FAITH full va lue for the property and, without any FRAUD,goesinto possession. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BONA FIDE 75 v BONAPARTE, CHARLES JOSEPH CHARLES JOSEPH BONAPARTE, who served as U.S. attorney general under president THEODORE ROOSEVELT , w as one of the organizers of the Civic Reform League and the National Munici- pal League, and he helped to found a Special Agents Force within the JUSTICE DEPARTMENT that was the forerunner of the FEDERAL BUREAU OF INVESTIGATION (FBI). A grandson of Jerome Bonaparte, who was Napoleon’s youngest brother, Charles Joseph Bonaparte was born in Baltimore, Maryland, on July 9, 1851. After graduating from Harvard College in 1871, he attended Harvard Law School, graduating in 1874. Bonaparte returned to Baltimore and established a private practice. At the time, public corruption of elected officials was widespread in the United States and the political situation in Maryland was considered to be the worst in the country. Bonaparte, of Italian- American descent, became interested in civic reform, commenting in an article published in Forum magazine that the politicians of that period if not technically criminals themselves, were the “allies and patrons of habitual lawbreakers.” In 1881, Bonaparte became one of the founders of the National Civil Service Reform League. Along with other political reformers he sought to raise the awareness of the electorate regarding crimes such as BRIBERY and UNDUE INFLUENCE and the need for fair and impartial administration of the government. The reformers were known in the popular parlance as “goo- goos” because they sought good government. Bonaparte also helped to found the National Municipal League in 1894. The organization, an amalgamation of various citywide reform groups throughout the United States, elected Bonaparte its president in 1905. Bonaparte was a member of the REPUBLICAN PARTY although not a particularly active one. In 1892 Bonaparte and Theodore Roosevelt met in Baltimore when they both spoke to a local civil service reform organization. In 1902, President Roosevelt appointed Bonaparte to the Board of Indian Commissioners. In 1905, Roosevelt named Bonaparte secretary of the United States Navy. In his second term of office, Roosevelt found it necessary to name a replacement for Attorney General WILLIAM HENRY MOODY, who left in Decem- ber 1906to become an associate justice on the U. S. Supreme Court. Because of his reformer passions, Bonaparte was chosen by Roosevelt to be Moody’s successor. Roosevelt, who had first begun his Charles Joseph Bonaparte 1851–1921 ▼▼ ▼▼ 18501850 19251925 19001900 18751875 ❖ ❖ ◆ ◆ ◆ ◆ 1851 Born, Baltimore, Md. 1874 Graduated from Harvard Law School 1881 Founded the National Civil Service League 1905 Appointed secretary of the Navy 1906–09 Served as U.S. attorney general 1921 Died, Baltimore, Md. 1914–18 World War I 1890 Sherman Anti-Trust Act signed into law 1861–65 U.S. Civil War Charles Joseph Bonaparte. LIBRARY OF CONGRESS TO HAVE A POPULAR GOVERNMENT WE MUST , FIRST OF ALL, AND BEFORE ALL ELSE , HAVE GOOD CITIZENS . —CHARLES JOSEPH BONAPARTE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 76 BONAPARTE, CHARLES JOSEPH political career in New York City by campaigning for municipal reform, was now seeking reform on a national basis by going after corrupt businesses and corporations that had formed “trusts” aimed at stifling competition and keeping wages low. Roosevelt had become the nation’s “trust-buster,” and Bonaparte joined the pursuit, launching antitrust investigations aimed at corporations such as Standard Oil and the American Tobacco Company, and railroads including the Union Pacific. During his tenure in office, Bonaparte argued more than 50 cases before the Supreme Court. While pursuing his various antitrust investi- gations, Bonaparte found himself hindered by the lack of a permanent investigative staff within the Justice Department. Temporary investi- gators, who were private detectives or SECRET SERVICE operatives on loan from the TREASURY DEPARTMENT carried out the investigations. Congress, under pressure from corporations to end the investigations, enacted a law that prohibited the Justice Department from using members of the Secret Service for the Depart- ment’s investigations. In 1908 Roosevelt directed Bonaparte to create an investigative force that would be a subdivision of the Justice Department. Before he left office, Bonaparte suggested making the division permanent. His suggestion was upheld by his successor, GEORGE WICKERSHAM, who called the group the Bureau of Investigation. The 23- member unit developed by Bonaparte was renamed the Federal Bureau of Investigation (FBI) in 1935. After leaving office in March 1909, Bona- parte continued to pursue his ADVOCACY of civil reform. He died on June 28, 1921, at his estate, Bella Vista, located outside Baltimore. FURTHER READINGS Hall, Kermit L., and Peter Karsten. 2008. The Magic Mirror: Law in American History. 2d ed. New York: Oxford Univ. Press. Justice Department. 1985. Attorneys General of the United States, 1789–1985. Washington, D.C.: GPO. Available online at http://www.usdoj.gov/ag/attygeneraldate.html; website home page: http://www.usdoj.gov (accessed July 8, 2009). “Remarks of Arthur Gajarsa Judge, United States Court of Appeals of the Federal Circuit.” June 26, 1998. Washington, D.C.: Italian Historical Society of America. Available online at http://www.italianhistorical.org/ site/flash/BIO/Charles_J._Bonaparte.htm; website home page: http://www.italianhistorical.org (accessed July 8, 2009). CROSS REFERENCES Federal Bureau of Investigation; Justice Department; Roosevelt, Theodore. v BOND, HORACE JULIAN In the annals of the CIVIL RIGHTS MOVEMENT,the career of politician, activist, and educator Julian Bond holds a unique place. Bond’s work on behalf of social justice spans the period from the 1960s through the twenty-first century. As a college organizer in 1960, he helped found the Student Non-violent Coordinating Committee (SNCC), arguably the most important group channel for the young people who expanded and radicalized the movement. In 1965 he became one of the first members of his generation to make the transition from activism to political office, subsequently serving for nearly two decades in Georgia state government. Through his legislation, writing, teaching, and planning for legal affairs groups, Bond is widely recognized as an intellectual leader of the contemporary CIVIL RIGHTS movement. Born on January 14, 1940, in Nashville, Tennessee, Bond was the son of black educators. His childhood was steeped in the intellectual life of Lincoln University in Pennsylvania, where his father, HORACE MANN Bond, served as presi dent. Julian Bond. FREDERICK M. BROWN/ GETTY IMAGES FOR NAACP TO HAVE A POPULAR GOVERNMENT WE MUST , FIRST OF ALL, AND BEFORE ALL ELSE , HAVE GOOD CITIZENS . —JULIAN BOND GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BOND, HORACE JULIAN 77 . Process of Law. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 68 BLUE RIBBON JURY BLUE SKY LAW A popular name for state statutes providing for the regulation and supervision of securities offerings and. board, conditions are often imposed concerning the minimum size of the board, the minimum number of directors to be elected GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BOARD OF DIRECTORS 69 annually,. Work: The Cyber- netics of Academic Organization and Leadership. San Francisco: Jossey-Bass. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BOARD OF REGENTS 71 ———. 20 01. Management Fads in

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