Gale Encyclopedia Of American Law 3Rd Edition Volume 2 P10 pptx

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 (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: (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–
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◆
◆
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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 />index.html?action=view&intID=301; website home
page: (accessed July 8, 2009).
“Utah History to Go. Reva Beck Bosone.” Available online
at />vement/revabeckbosone.htm; website home page:
(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