The family’s accomplishments—Bond was the descendant of a freed slave—did not insulate him from prejudice. While at the George School, a Quaker prep school at which he was the only black student in the 1950s, Bond was told by the headmaster not to wear his school jacket on dates with white girls. The experience scarred him yet awakened him politically. At that time he also began developing a philosophy of racial awareness and PACIFISM, al ong with the witty, penetrating style for which he later became known. In 1957 Bond entered Morehouse College in Atlanta, Georgia. He did not receive his bachelor of arts degree in English until 14 years later, but intheinterim,hemadehistory.Bondwas inspired by the civil rights movement and particularly the philosophy of nonviolent change espoused by MARTIN LUTHER KING Jr. In 1960 Bond helped found two influential student groups. The first of these, the Committee on APPEAL for HUMAN RIGHTS , succeeded in integrating Atlanta busi- nesses and pu blic places. The second group, t he Student Non-violent Coordinating Committee (SNCC), grew into a national phenomenon, becoming the leading civil rights organization among young people in the mid-1960s. SNCC activities ranged from voter registration drives in the South to opposition to the VIETNAM WAR,and Bond, in addition to joining SNCC in the field, edited its newsletter. Dropping out of college in 1961 to become a full-time activ i st, Bond soon established himself as a national figure through this work and his subsequent political career. In 1965 he won election to the Georgia House of Representatives. However, lawmakers voted not to seat him, ostensibly because of his anti-war activities, particularly his signing of an SNCC statement that supported men who chose not to respond to their draft SUMMONS. Bond’s supporters argued that the real reason he was not seated was racism. After the legislature called a new election, Bond won again, but he was still refused office. His lawsuit claiming the right to be seated went to the U.S. Supreme Court, which ruled unanimously in December 1966 that the legislature’s actions violated the FIRST AMENDMENT (Bond v. Floyd, 385 U.S. 116, 87 S. Ct. 339, 17 L. Ed. 2d 235). Bond took office in January 1967. Bond’s success led to his name being placed in nomination for VICE PRESIDENT at the 1968 Democratic Convention, a first for a black man. The nomination was symbolic; he was too young to serve and so withdrew his name. In Georgia he served as a state representative until 1974 and as a state senator from 1974 to 1987. During this period, he introduced some 60 bills aimed at helping minorities and low-income citizens; he also led a successful drive to create a new congressional district in Atlanta representing a black majority. He made an unsuccessful bid for the U.S. House of Representatives in 1986. During his career Bond has written about and taught civil rights and has served in many civil rights organizations. In 1971, he became the first president of the SOUTHERN POVERTY LAW CENTER ,aNONPROFIT legal organization based in Montgomery, Alabama, devoted to ending discrimination. In the 1990s Bond served four terms on the board of the National Association for the Advancement of Colored People ( NAACP). Bond has served since 1998 as national board chairman of the NAACP. A holder of 25 honorary degrees, Bond has taught at Drexel University, Harvard University, the University of Pennsylvania, and Williams College. He serves as a distinguished scholar at American University in Washingto n, D.C. Horace Julian Bond 1940– ▼▼ ▼▼ ❖ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ 1940 Born in Nashville, Tenn. 1954 Brown v. Board of Education decision held racial segregation in public schools unconstitutional 1961–73 Vietnam War 2009 Received NAACP Spingarn Medal 1960 Co-founded SNCC 1974–87 Served in Ga. Senate 1998 Elected chair of NAACP 1965 Elected to Georgia House; legislature voted not to seat him 1966 Supreme Court ruled legislature’s actions violated First Amendment 1968 Nominated for vice president at Democratic National Convention, withdrew name 1971 Became first president of Southern Poverty Law Center 1967–74 Served in Ga. House 1925 1975 1950 2000 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 78 BOND, HORACE JULIAN and a professor in the history department at the University of Virginia. In the early twenty-first century, Bond continued to be a prolific writer. His articles and poems have appeared in numerous maga- zines and newspapers, including The Nation, Playboy, Ramparts, the New York Times, and the Los Angeles Times. Bond has also continued his work as a narrator and commentator and has made appearances on television and in the movies. In 2002 he received the EUGENE V. DEBS Award for his work with social justice issues and also the presti gious National Freedom Award. In 2009 he received the Spingarn Medal, the NAACP’s highest honor. FURTHER READINGS Branch, Taylor. 1989. Parting the Waters: America in the King Years, 1954–1963. New York: Touchstone. National Association for the Advancement of Colored People. Available online at http://www.naacp.org (accessed August 19, 2009). Reed, Adolph. 1999. Stirrings in the Jug: Black Politics in the Post-Segregation Era. Minneapolis, Minn.: Univ. of Minnesota Press. CROSS REFERENCE Civil Rights Movement. BONDS Written documents by which a government, corporation, or individual—the obligor—promises to perform a certain act, usually the payment of a definite sum of money, to another—the obligee— on a certain date. In most cases, a bond is issued by a public or private entity to an investor who, by purchasing the bond, lends the issuer money. Governments and corporations issue BONDS to investors in order to raise capit al. Each bond has a par value, or FACE VALUE, and is issued at a fixed or variable interest rate; however, bonds often can be purchased for less or more than their par value. This means that the yield, or total return on a bond, varies based on the price the investor pays for the bond and its interest rate. Generally, the more secure a bond is (i.e., the stronger the assurance that the bond will be paid in full upon maturity), the less the bond will yield to the investor. Bonds that are not very secure investments tend to have higher returns. Junk bonds, for example, are high-risk, high- yield bonds. Except for the high-risk variety, bonds tend to be relatively solid, predictable investments, with prices that vary less than those of those of stocks on the STOCK MARKET.Asa result, LITIGATION because of unpaid bond agree- ments has rarely proved necessary. The most common type of bond is the simple bond. This bond is sold with a fixed interest rate and is then redeemed at a set time. Several varieties of simple bonds exist. Munici- pal governments issue simple bonds to pay for public projects such as schools, highways, or stadiums. The U.S. Treasury issues simple bonds to finance federal activities. Foreign governments issue simple bonds, known as Yankee bonds, to U.S. investors. Corporations issue simple bonds to raise capital for moderni- zation, expansion, and operating expenses. Conditional bonds do not involve capital loans. Most of these bonds are obtained from persons or corporations that prom ise to pay, should they be come liable. The payment is usually a nonrefundable fee or a percentage of the face value of the bond. A BAIL BOND is a common type of conditional bond. The person who posts a BAIL bond promises to pay the court a particular sum if the accused person fails to return to court for further proceedings on the date specified. Once a bond payer satisfies the terms of a conditional bond, the LIABILITY is discharged. If the bond goes into default (i.e., if the obligations specified are not met) the amount becomes immediately due. Parties also can mutually decide to cancel a conditional bond. The emergence of simple government and corporate bonds into the modern marketplace began with the economic boom of the 1920s. Immediately after WORLD WAR I, the U.S. economy rewarded investors who were eager to see expansions in industrial growth. For most of the 1920s, until just before the Great Depression, interest rates remained low. The bond market became sophisticated enough to raise funds for the U.S. Treasury, domestic corporations, and foreign borrowers. It also proved useful during WORLD WAR II, when the federal government depended on the sale of war bonds to finance its military efforts. During the 1980s a different kind of boom in the U.S. economy sent the bond market in a more problematic direction. Even though high- yielding bonds tend to be less reliable invest- ments than low-yielding ones, the rapidly increasing business activity in the 1980s led to large-scale buying of these high-risk invest- ments. Corporations successfully bought out GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BONDS 79 the stock of other corporations by raising money through the sale of millions of dollars of junk bonds. (Junk bonds have been given low ratings when measured by standard investment criteria—hence the pejorative name.) Troubles soon aro se from the shaky foun- dation of the JUNK BOND market. One of the country’s leading figures in fostering junk bond investments, Michael R. Milken, faced criminal charges that he had manipulated bond prices, Michael R. Milken: Genius, Villain, or Scapegoat? F B ew business personali ties have attracted as much attention—both negative and positive— as bond market financier Michael R. Milken. After earning an estimated $1.1 billion in the 1980s as the head of Drexel Burnham Lambert’s securities branch, Milken fell fro m grace in the press and in the eyes of many investors. In 1990 the Securities Exchange Commission charged Milken with securi- ties fraud. In U. S. district court, Milken was fined $600 million, pe rmanently barred from engaging in the securities business, and sentenced to ten years behind bars. Some of Milken’s associates believed that he had been made a scapegoat; Milken’s prosecution, they argued, was little more than an attempt to pass judgment on t he 1980s, sometimes cast as the decade of greed. Milken had formerly been heralded by the Wall Street Journal as one of the century’smostimportant financial thinkers. In the 1970s, after finishing studies at the University of Pennsylvania’sWhartonBusiness School, Milken was early in anticipating the boom of the junk bond market. He used his understanding of trends in investment activity, along with innovative approaches,tocapitalizeonwhathecalledhigh- reward bonds. The junk bond boom led to both Milken’s ascent and his incrimination. Milken’s correct assessment of the junk bond boom paid off for him. While he worked for the powerful Drexel Burnham Lambert firm, his profits made him a billionaire. But how he made those profits also led to his downfall. The government held evidence implicating Milken in manipulation of stocks, insider trading, and bribery of investment managers. With fines and damages in civil lawsuits totaling $1 billion, Milken became one of several news- making, white-collar criminals of the 1980s. After his sentencing, the Wall Street Journal retracted its praise of the man, saying that “evidence now suggests that Mr. Milken’stheorywaswrong—and that he was far from the gen ius he seemed to be about ju nk bonds” (National Review 31 August 1992). Milken’s theory held that the high yields of junk bonds would draw in vestors to purchase many of them and that defaults on these securities would be few. The intense corporate competition of the 1980s waned; however, and in later years, investors moved away from ju nk bonds in search of other investment opportunities. Follo wing his release from prison, after serving two years of his ten-year sentence, Milken was invited to lecture on ethics in business at the University of California, Los Angeles. To critics, however, Milken remained an icon of the money-mad 1980s, a financial wizard driven by the promise of vast wealth to push the limits of securities law. The one-time billionaire reemerged from prison with $300 million from his days as the king of junk bonds, which h e used entrepren eurially in the education market, most notably as the brainchild behind Knowledge Universe, a company that owned several other education training and consulting companies, including the popular Leap- frog Enterprises (makers of LeapPad learning aids). Additionally, Milken became more visible in his philanthropic endeavors, particularly favorin g pros- tate cancer research and Mil ken creations s uch as the Milken Family Founda tion, the Milken Institute, and Mike’sMathClub. FURTHER READINGS Bailey, Fenton. 1992. Fall from Grace: The Untold Story of Michael Milken. Secaucus, N.J.: Carol Pub. Group. Fischel, Daniel R. 1995. Payback: The Conspiracy to Destroy Michael Milken and His Financial Revolution. New York: HarperBusiness. Platt, Harlan D. 2002. The First Junk Bond: A Story of Corporate Boom and Bust. Washington, D.C.: Beard. CROSS REFERENCES Investment; Stock; Stock Market. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 80 BONDS traded on inside information, and bribed investment managers. Milken’s image was further complicated by his having worked with the stock baron Ivan F. Boesky, who had been convicted of INSIDER TRADING. In April 1990, in Securities & Exchange Commission v. Milken, 1990 WL 455346, Fed. Sec. L. Rep. ¶ 95,200 (S.D.N.Y. April 24, 1990), Milken pleaded guilty to six felonies, including CONSPIRACY, securities FRAUD, and aiding and abetting the filing of a false document with the SECURITIES AND EX- CHANGE COMMISSION . At the time of the initial settlement, Milken agreed to pay $600 million in fines and reparations. In November 1990 federal judge Kimba M. Wood sentenced Milken to ten years in prison. Milken served only two years of his s entence behind bars. Problems have also arisen with bonds issued by governments. For example, when Califor- nia’s Orange County issued $169 million in municipal bonds in June 1994, future taxes and other general revenues were expected to pay for the interest and principal of the bonds. But on December 6, 1994, the county filed Chapter Nine petitions in BANKRUPTCY court. The county could not pay the bondholders, because the money that had been set aside for them had been depleted. By 1995, losses in the Orange County investment pools approached $1.7 billion. Representatives of the county found themselves in court, being sued by the company that represented investors. In In re County of Orange, 179 B.R. 185, 26 Bankr. Ct. Dec. 1050 (Bankr. C.D. Cal. 1995), the bankruptcy court denied bondholders’ claims to county revenues derived after the Chapter Nine filing. The interests of bondholders were seriously injured. Nevertheless, bonds continue as popular investments. Junk bonds, especially, have regained favor as a means for earning consid- erable returns. The relatively high interest rates of junk bonds have entailed risks for buyers, but Wall Street analysts have argued that the rewards of these investment vehicles outweigh the dangers. Indeed, the bond market in general has even thrived in times of economic crisis. FURTHER READINGS Geisst, Charles R. 1992. Entrepot Capitalism. Santa Barbara, CA: Praeger. Morris, Kenneth M. 2004. The Wall Street Journal Guide to Understanding Money and Investing. New York: Fireside. Platt, Harlan D. 2007. The First Junk Bond. New York: Beard Books. Yago, Glenn. 1991. Junk Bonds. New York: Oxford Univ. Press. CROSS REFERENCE Securitie s. BONHAM’S CASE See ENGLISH LAW “Dr. Bonham’sCase” (In Focus). BOOK VALUE The current value of an asset. The book value of an asset at any time is its cost minus its accumulated depreciation. (Depreciation reflects the decrease in the useful life of an asset due to use of the asset.) Companies use book value to determine the point at which they have recovered the cost of an asset. The net asset value of a company’s securities. This is calculated by subtracting from the com- pany’s total assets the following items: intangible assets (such as goodwill), current liabilities, and long-term liabilities and equity issues. This figure, divided by the total number of bonds or of shares of stock, is the book value per bond or per share of stock. The calculation of book value is important in determining the value of a company that is being liquidated. For example, if a corporation has 100,000 shares of stock issued and out- standing and its assets total $5 million and its intangible assets and all liabilities total $1.6 million, its net ASSET value is $3.4 million and its book value per share is $34. BOOKING The procedure by which law enforcement officials record facts about the arrest of and charges against a suspect such as the crime for which the arrest was made, together with information concerning the identification of the suspect and other pertinent facts. This information is written down on the police BLOTTER in the police station. The process of booking may also include photographing and fingerprinting. BOOKKEEPING The process of systematically and methodically recording the financial accounts and transactions of an entity. Double-entry bookkeeping is an accounting system that requires that for every financial transaction there must be a debit and a credit. When merchandise is sold for cost, there is a debit to cash and a credit to sales. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BOOKKEEPING 81 BOOTSTRAP DOCTRINE A principle in the resolution of conflict of laws that prevents a party from bringing an action in one state’s court in an attempt to collaterally attack the final judgment from another state ’s court. The doctrine is based upon the principle of res judicata, which prevents a party from litigating a jurisdic- tional claim that has already been resolved by a prior, final decision, or if the litigants had an opportunity to raise the issue and challenge the other court’s lack of jurisdiction and failed to do so. FURTHER READINGS Cavers, David F. 1985. The Choice of Law: Selected Essays, 1933–1983. Durham, NC: Duke Univ. Press. Hay, Peter. 2005. Conflict of Laws. 5th ed. St. Paul, Minn.: Thomson West. Suber, Peter. “Section 20. Other Selected Paradoxes and Reflexivities in Law.” Available online at http://www .earlham.edu/~peters/writing/psa/sec20.htm#F; website home page: http://www.earlham.edu (accessed August 28, 2009). CROSS REFERENCE Res Judicata. BORDEN, LIZZIE The trial of Lizzie Borden shows the effect that public opinion can have on the life of an accused person, regardless of the outcome of a fair trial. Lizzie Borden was born July 19, 1860. She was a plain, outspoken woman who lived with her father, stepmother, and sister in a house on Second Street in Fall River, a small industrial city located in southeastern Massachusetts. According to local rumors, the Borden family was not noted for its harmonious relationships. Andrew Borden was a quiet, unpleasant man who had two daughters, Lizzie and Emma, by a previous MARRIAGE, and who had married his present wife in 1865. Neither Lizzie nor Emma favored the union and animosity existed among the three Borden women. On August 4, 1892, the residents of Fall River were shocked and frightened by the brutal ax murders of Andrew Borden and his wife. The killings were committed at the Borden home in daylight. Emma Borden was out of town, but Lizzie discovered her father’s body on the couch in the living room; she immediately sent a servant, Bridget, for help. Upon their return, Bridget and a neighbor found the body of Lizzie’s stepmother in an upstairs bedroom. The town was in an uproar and the news- papers seized the opportunity to sensationalize an already lurid story. Lizzie became the prime suspect, and throughout Fall River, sp eculati on spread about her actions on that fatal day, suggesting that Lizzie attacked her stepm other and afterward carefully cleaned the ax and changed her clothes. She then did her normal housework until her father returned from town to take a nap on the couch. While he slept, Lizzie killed him, and again cleaned the ax and her clothing. Chemical tests did not provide any substantial evidence because the alleged MURDER weapon, the ax, was cleaned so thoroughly. The story of the murders was embellished with continued fragmented reports of Lizzie’s behavior. One source claimed that Lizzie was devoid of any emotion when the corpses were found; another witnessed Lizzie in the act of burning a dress shortly after the murders were committed; still another stated that the suspect had attempted to purchase POISON as recently as one day before the killings. The condemning public showed Lizzie no mercy, and some unknown rhymer composed a grotesque verse relating the events. The still familiar rhyme reads as follows: Lizzie Borden took an ax And gave her mother forty whacks; When she saw what she had done She gave her father forty-one. Lizzie Borden. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 82 BOOTSTRAP DOCTRINE An INQUEST was held five days after the discovery of the murders, and Lizzie was subsequently arrested. The trial began in New Bedford, Massachusetts, in June 1893, and lasted 13 days. Those days were filled with contradictory accounts of the crime, but the main point of contention concerned Lizzie’s assertion that she was in the barn at the time the murders were committed, between 11:00 a.m. and 11:15 a.m. An ice cream vendor corrobo- rated Lizzie’s story by testifying that he had seen the DEFENDANT leaving the barn at the aforemen- tioned time. The DEFENSE attorney argued brilliantly on his client’s behalf—the evidence was mostly circumstantial—and the jury found Lizzie Borden not guilty of the murder of her parents. Lizzie Borden was acquitted by the jury but not by the public. After her death on June 1, 1927, in Fall River, she was still not exonerated in the public mind; she is famous only in connection with the bloody events of August 4, 1892. FURTHER READINGS Hoffman, Paul Dennis. 2000. Yesterday in Old Fall River: A Lizzie Borden Companion. Durham, NC: Carolina Academic. Masterton, William L. 2000. Lizzie Didn’t Do It! Boston: Branden. Ortiz, Catalina. 1997. “Defense Has the Edge: New Trial, Same Verdict: Lizzie Borden ‘No Murderer.’” Chicago Daily Law Bulletin 143 (September 17). Robertson, Cara W. 1996. “Representing ‘Miss Lizzie’: Cultural Convictions in the Trial of Lizzie Borden.” Yale Journal of Law & the Humanities 8 (summer). v BORK, ROBERT HERON Robert Heron Bork, conservative legal scholar, author, and former federal APPELLATE judge, was one of President Ronald Reagan’s most controversial nominees for the U.S. Supreme Court. When Bork was nominated to the Supreme Court in July 1987 his opponents ridiculed him as an archconservative who wanted to take away the rights and freedoms enjoyed by the political mainstream. They may have been surprised to learn that Bork began his career at the other end of the political spectrum. Born March 1, 1927, in Pittsburgh, Bork spent his high school and college years as a socialist. He attended the University of Chicago, where he received his bachelor’s degree in 1948. In 1952, as a University of Chicago law student, Bork was a NEW DEAL liberal supporting ADLAI STEVENSON for president. Eventually, however, his political philosophy changed to embrace free-market LIBERTARIANISM: the law and economics program at the University of Chicago, a bastion of free enterprise research and laissez-faire economic theory, convinced Bork that government should not intervene in the economy. Bork received his law degree in 1953. After serving two hitches in the U.S. Marine Corps he practiced for a large law firm in Chicago, where he specialized in ANTITRUST LAW. In 1962 Bork accepted a position teaching antitrust and CONSTITUTIONAL LAW at Yale University. At Yale he developed his doctrine of “original intent and judicial restraint,” which stated that courts can protect only the rights that are guaranteed in the Constitution; all other rights are subject to limitation by Congress and the legislatures. In deciding which rights are to be afforded constitutional protection, courts must be guided by the ORIGINAL INTENT of the Constitution’s Framers. For example, the FOURTEENTH AMEND- MENT was intended to grant EQUAL PROTECTION under the laws to black citizens; therefore, Bork argued, it cannot be used to approve or mandate AFFIRMATIVE ACTION for women. President RICHARD M. NIXON appointed Bork SOLICITOR GENERAL in 1973. Later that year, Robert Bork COURTESY OF THE HUDSON INSTITUTE [LAW IS] VULNERABLE TO THE WINDS OF INTELLECTUAL OR MORAL FASHION , WHICH IT THEN VALIDATES AS THE COMMANDS OF OUR MOST BASIC CONCEPT . —ROBERT BORK GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BORK, ROBERT HERON 83 by order of Nixon and at the request of the attorney general, who had resigned in PROTEST against the order, Bork fired Special Prose- cutor ARCHIBALD COX at a crucial stage of the WATERGATE investigation. Those events came to be known as the Saturday Night Massacre. In 1977 Bork returned to Yale, and in 1981 he left Yale for private practice in Washington, D.C. The following year President Reagan appointed him to the U.S. Court of Appeals, District of Columbia Circu it. On July 1, 1987, Bork was nominated to the Supreme Court to replace retiring associate justice Lewis F. Powell Jr. Over the years, Bork criticized many Su- preme Court decisions. In a 1963 arti cle in The New Republic, Bork attacked the proposed Public Accommodations Act—which became title II of the Civil Rights Act of 1964 (78 Stat. 2441, 42 U.S.C.A. § 2000a)—as an infringement of the right of free association. Eight years later, in an article in the Indiana Law Journal, Bork summarized his view of the Constitution and pointed out Court decisions that, in his opinion, were unconstitutional. He declared that the Constitution provided no unwritten protections and therefore guaranteed no right to privacy, contrary to what the Court had established in GRISWOLD V. CONNECTICUT, 381 U.S. 479, 85 S. Ct. 1678, 14 L. Ed. 2d 510 (1965). Privacy, Bork said, was a free-floating right not derived in a principled fashion from the Constitution. If no right of privacy existed in Griswold, then, according to Bork, the landmark ABORTION case ROE V. WADE 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973) was wrongly decided. Similarly unprincipled, said Bork, were the decisions of the WARREN COURT that affected voting practices and established the principle of “one person, one vote.” Bork also said poll taxes (devices often used to keep poor blacks from voting in the South) were not necessarily unconstitutional. In addition, according to Bork, the FIRST AMENDMENT should protect only political speech. When he was solicitor general, Bork criticized Shelley v. Kraemer, 334 U.S. 1, 68 S. Ct. 836, 92 L. Ed. 1161 (1948), a landmark civil rights decision that outlawed the enforce- ment of restrictive covenants in the courts. Finally, Bork publicly expressed his belief that it would be healthy to reintroduce RELIGION into the public schools. In the summer of 1987 the United States witnessed the most contentious Supreme Court confirmation battle in the 200-year history of the Constitution. The battle over Bork’s confir- mation turned into a fight-to-the-finish for ideological control of the Court and in a very real sense for the Constitution itself. Bork was a prolific legal scholar who had left a vast “paper trail” for his opponents to pore over in the search for ammunition to block his appoint- ment to the Court. While leaders of the political right suc h as the Reverend Jerry L. Falwell and Pat Robertson praised Bork as a savior for a “morally misguided” Court, a coalition of prominent civil rights and other organizations, including the National Association for the Advancement of Colored People ( NAACP), Com- mon Cause, People for the American Way, the NATIONAL ORGANIZATION FOR WOMEN, the National Abortion Rights Action League, and the AMERI- CAN CIVIL LIBERTIES UNION , came together quickly to fight the nomination. LOBBYING efforts on both sides of the struggle were aggressive. Robert Heron Bork 1927– ▼▼ ▼▼ ◆ ◆ ◆ ◆ 2003 Coercing Virtue published 1996 Slouching Towards Gomorrah published ◆ 1990 The Tempting of America published 2000 Appointed professor at Ave Maria School of Law ◆ ◆ ◆ 1977 Returned to Yale Law School faculty ◆ 1987 U.S. Senate rejected Bork nomination to the U.S. Supreme Court 1988 Resigned from court of appeals; became resident scholar at American Enterprise Institute 1982 Appointed to U.S. Court of Appeals, District of Columbia Circuit by President Reagan ◆ 1973 Appointed solicitor general by President Nixon ◆ 1962 Joined Yale Law School faculty ◆ 1953 Earned J.D. from U. of Chicago Law School; joined the Marines ◆ 1948 Earned bachelor’s degree from University of Chicago ❖ 1927 Born, Pittsburgh, Pa. 1950–53 Korean War 1961–73 Vietnam War 2008 A Time to Speak published 2000 1975 1950 1925 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 84 BORK, ROBERT HERON Clearly, both liberals and conservatives saw the Bork nomination as the culmination of all previous showdowns between the left and the right throughout the Reagan admini stration. Liberals were particularly determined to stop the nomination. Despite evidence to the con- trary, the White House continued to insist that Bork was a moderate conservative like Justice Powell and a model practitioner of judicial restraint. Bork’s confirmation hearing before the SENATE JUDICIARY COMMITTEE in September 1987 seemed to hurt his appointment more than any criticisms since the announcement of his nomination. His TESTIMONY further stirred his critics to label Bork as much further to the right on the political and legal spectrum than many Americans. In addition, during the hearings, Bork revised or backed down from some of his previous positions, which seemed to indicate that he was willing to change his mind in order to gain the nomination. Commentators believe that this helped convince many undecided senators to vote against him. On October 6 the Senate Judiciary Committee rejected Bork’s nomination by a vote of 9–5. In a vote by the full Senate on October 23, Bork’s nomination to the Supreme Court was rejected by a margin of 58 to 42. Critics of original intent saw Bork’s rejec- tion as a victory for the perception of the Constitution as a “living” instrument, to be adapted to human needs by a judiciary with sufficient discretion to decide what public values are important enough to protect from majority rule. Bork’s supporters called him a victim of liberal attacks. Bork resigned from the court of appeals in 1988 and joined the American Enterprise Institute for PUBLIC POLICY Research, a prominent Washington-based think tank. As a senior fellow at the Institute, Bork continued to write and comment on U.S. law and society. Bork published numerous articles and has be en a frequent legal co mmentator on various televi- sion shows. In books such as The Tempting of America: The Political Seduction of the Law (1990), The Antitrust Paradox: A Policy at War with Itself (2d ed. 1993), and Slouching towards Gomorrah: Modern Liberalism and American Decline (1996), Bork espoused his strongly conservative views. He advocated CENSORSHIP of certain rap lyrics as well as explicit sexual material found on the INTERNET.Hehaswrittenthatliberalsand feminists have helped to destroy the morality of the United States and that there is a relationship between illegitimate births and crime rates. In June 2007 Bork and several others authored an amicus brief on behalf of Scooter Libby (convicted on several counts involving the leaking of CIA agent Valerie Plume’s identity) arguing that there was a substantial constitu- tional question regarding the appointment of the prosecutor in the case, reviving the debate that had previously resulted in the Morrison v. Olson decision. Bork’s most recent book, A Time to Speak: Selected Writings and Arguments, was published in late 2008. FURTHER READINGS Abraham, Henry Julian. 1999. Justices, Presidents, and Senators: A History of the U.S. Supreme Court Ap- pointments from Washington to Clinton. New York: Rowman & Littlefield. Bork, Robert H. 2008. A Time to Speak: Selected Writings and Arguments. Wilmington, Delaware: Intercollegiate Studies Institute. ———. 2003. Coercing Virtue: The Worldwide Rule of Judges. Washington, D.C.: AEI Press. ———. 1990. The Tempting of America: The Political Seduction of the Law. New York: Simon & Schuster. Kutler, Stanley I. 1992. The Wars of Watergate: The Last Crisis of Richard Nixon. New York: Norton. Pertschuk, Michael, and Wendy Schaetzel. 1989. The People Rising: The Campaign against the Bork Nomination. New York: Thunder’s Mouth Press. Sager, Lawrence. 1990. “Back to Bork.” New York Review of Books (October 25). v BOSONE, REVA BECK Reva Beck Bosone was Utah’s first woman judge and the first woman elected to the House of Representatives from that state. Bosone was born April 2, 1895, in American Fork, Utah, the only daughter among the four children of Christian M. Beck and Zilpha Chipman Beck. Her father was of Danish extraction, and her mother was a descendant of the 1847 Mormon pioneers and of the Mayflower pilgrims. After attending elementary and high schools in American Fork, Bosone went to Westminster Junior College, in Salt Lake City, and in 1919 received her bachelor of arts degree from the University of California at Berkeley. She married Harold G. Cutler in 1920. They were divorced one year later. IF A LEGISLATOR IS A WEAKLING WHO SUCCUMBS TO THE LUSH CROONING OF CERTAIN LOBBYISTS , BLAME THE CONSTITUENCY , WHICH SHOULD HAVE BEEN MORE INTERESTED IN SENDING A QUALIFIED CANDIDATE . —REVA BOSONE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BOSONE, REVA BECK 85 From 1920 to 1927 she taught in several Utah high schools. Inspired by her mother ’s ADMONITION that a country is no better than its laws, Bosone decided that the best way to serve all the people was to become a lawmaker. Bosone was one of two women who entered the University of Utah College of Law in 1927 to “read law”. While she was studying law, Bosone married fellow law school classmate Joseph P. Boson e in 1929. In 1930 she became the fourth woman to graduate from the University of Utah law school. In the same year she gave birth to a daughter and opened her own law practice. In 1931, after her husband graduated from law school, the couple established the law firm of Bosone and Bosone in Helper, Utah. In 1932 Bosone became a candidate for the state legislature. After conducting a door -to-door campaign with her two -year-old daughter in her arms, she was elected to the Utah House of Representatives from Carbon County. Bosone was reelected in 1934 and in 1935 was elected majority leader. She became the first woman member of the influential Sifting (Rules) Com- mittee, as well as its chairman. As a member of a group known as the “Progressive Bloc” Bosone played an integral role in the passage of a minimum wage-and-hour law for women and children and of the Utah child labor CONSTITU- TIONAL AMENDMENT . Her efforts in these areas were aided by FRANCES PERKINS, labor reformer and U.S. secretaryoflabor,andfromEleanorRoosevelt, wife of President FRANKLIN D. ROOSEVELT. After leaving the Utah Legislature in 1936, Bosone returned to private practice for a short time before being elected a Salt Lake City judge in police and traffic court. In her judicial position, to which she was reelected until 1948, she instituted what were then extraordinary traffic fines: $300 for drunken driving and $200 for reckless driving. During her tenure on the bench traffic cases more than tripled but only three appeals from her judgments were sustained. At the same time Bosone, theorizing that alcoholism was an illness rather than a moral failing, began to refer offenders to Alcoholics Anonymous and to make efforts to institute a government program for treating alcoholics. Bosone, who divorced her husband in 1940, remained active touring a number of states as chair of a WORLD WAR II Civilian Advisory Committee and serving on the Salt Lake County Welfare Commission. In 1945 she was an “official observer” at the founding conference of the UNITED NATIONS in San Francisco. In 1948 Bosone defeated INCUMBENT William A. Dawson and became the U.S. representative from the Second Congressional District of Utah. At the time there were eight other women in the House of Representatives and one in the Senate. While serving in the House, Bosone was the first woman appointed to the Interior Committee. In 1950, Bosone was reelected after defeating Ivy Baker Priest a Republican who later became the second woman to hold the position of U.S. Treasurer. After her reelection Bosone pushed for legislation to remove Native Americans from government guardianship and sponsored water and soil conservation initiatives for the West. Bosone ran for reelection in 1952 and in 1954 but was defeated both times by former Reva Beck Bosone 1895–1983 ❖ 1895 Born, American Fork, Utah ◆ 1919 Graduated from University of California at Berkeley 1914–18 World War I ◆ ◆◆ 1932 Elected to Utah House of Representavtives 1936 Elected to Salt Lake City judgeship as Utah's first woman judge 1939–46 World War II 1940 Won reelection to judgeship 1948–52 Served as Utah's first woman representative in the U.S. House of Representatives 1953 Served as moderator on TV program, It's a Woman's World 1950–53 Korean War 1961–73 Vietnam War 1968 Retired from public office 1977 Her Honor, the Judge, TV documentary on Bosone, aired 1961 Appointed to the Contract Board of Appeals for the U.S. Post Office ❖ 1983 Died, Vienna, Va. ▼▼ ▼▼ 19251925 19001900 19501950 19751975 20002000 ◆ ◆ ◆ ◆ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 86 BOSONE, REVA BECK incumbent Dawson. The campaigns, conducted in the nervo us atmosphere of the COLD WAR, were hard-fought with Bosone facing charges of accepting kickbacks and being a Communist sympathizer. After her loss in 1954 she returned to PRIVATE LAW practice until 1958, when she became legal counsel for the Subcommittee of Safety and Compensation of the House Com- mittee on Education. In 1961 Postmaster General J. Edward Day appointed her a judicial officer and chairwoman of the Contract Board of Appeals for the U.S. Post Office Department. In this position, which she held until her retirement in 1968, Bosone was authorized to make final decisions for the department in OBSCENITY cases and FRAUD case s. Throughout her professional life Bosone had a special interest in the problems of alcoholism and juvenile delinquency. Her work in these areas resulted in her being elected to Utah’s Hall of Fame in 1943. In 1947 and 1948 she was director of the Utah State Board for Education on Alcoholism. Previously, during World War II, she was an active member of the United War Fund Committee of Utah and of the Veterans Central Welfare Committee. Bosone was a pioneer in the use of television as a communication medium. In 1953 she moderated a program called It’s a Woman’s World, which received the Zenith Television Award for excellence in local programming. Her long and distinguished career was high- lighted in a 1977 television documentary, Her Honor, the Judge. Bosone received numerous recognitions and awards for her contributions to the worlds of law and politics. In 1965 her name was on the list of possible nominees for the U.S. Supreme Court. The University of Californ ia at Berkeley conferred on her the Distinguished Service in Government Award in 1970 and Westminster College awarded her an honorary doctor of humanities degree in 1973. Also in 1973 she received an award for her efforts to raise the status of women in Utah. In 1977 she received an honorary doctorate from the University of Utah. Bosone died in Vienna, Virginia, on July 21, 1983. FURTHER READINGS Drachman, Virginia G. 1998. Sisters in Law: Women Lawyers in Modern American History. Cambridge, MA: Harvard Univ. Press. Matthews, Glenna. 1994. The Rise of Public Woman: Woman’s Power and Woman’s Place in the United States, 1630–1970. New York: Oxford Univ. Press. National Education Association Journal. 1949. April. “Representative Reva Bosone of Utah.” Historical Highlights. Office of the Clerk, U.S. House of Representatives. Available online at http://clerk.house.gov/art_history/ index.html?action=view&intID=301; website home page: http://clerk.house.gov (accessed July 8, 2009). “Utah History to Go. Reva Beck Bosone.” Available online at http://historytogo.utah.gov/people/utahns_of_achie- vement/revabeckbosone.htm; website home page: http://historytogo.utah.gov (accessed July 8, 2009). CROSS REFERENCES Alcohol “Alcoholics Anonymous” (Sidebar); Perkins, Frances; Roosevelt, Anna Eleanor. BOSTON MASSACRE SOLDIERS The Boston Massacre , March 5, 1770, was an event that exemplified the growing tension between the American colonies and England that would subsequently result in the outbreak of the Revolutionary War. In 1767 the English Parliament had levied an import tax on tea, glass, paper, and lead. The duties were labeled the Townshend Acts— part of a series of unpopular taxes directed at the colonists without their representation. The colonists retaliated with attacks on English representatives and officials, and troops were dispatched to America to restore order. The agitation between the colonists and the English soldiers increased, reaching a climax on the evening of March 5. An apprentice antagonized an English soldier on guard duty and the soldier cuffed the boy on the ear with his firearm. The incident drew a gathering of hostile colonists, and the guard, alarmed at the size of the mob, called for help. The chief officer of the unit, Captain Thomas Preston, arrived with seven men. In an instant several shots were fired into the crowd of colonists: three men were killed at once; two more died later. The city of Boston braced itself for more violence; Lieutenant Governor Thomas Hutch- inson calmed the crowd by promising the INCARCERATION of the guilty soldiers to be followed by a trial for MURDER. Political leader Samuel Adams was in fluen- tial in building a public case against the soldiers through his bombastic speeches and newspaper articles. He published a pamphlet that related the events of the violent evening as told by GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BOSTON MASSACRE SOLDIERS 87 . the Contract Board of Appeals for the U.S. Post Office ❖ 1983 Died, Vienna, Va. ▼▼ ▼▼ 1 925 1 925 19001900 19501950 19751975 20 0 020 00 ◆ ◆ ◆ ◆ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 86 BOSONE,. first president of Southern Poverty Law Center 1967–74 Served in Ga. House 1 925 1975 1950 20 00 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 78 BOND, HORACE JULIAN and a professor in the history. a debit to cash and a credit to sales. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BOOKKEEPING 81 BOOTSTRAP DOCTRINE A principle in the resolution of conflict of laws that prevents a party from