Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P40 pptx

among general audiences. The NEH provides support through outright grants, matching grants, and a combination of the two. Schools, higher education institutions, libraries, museums, historical organizations, professional associa- tions, other cultural institutions, and individuals are eligible to apply for NEH grants. One avenue members of Congress use to support the arts is the Congressional Arts Caucus. This bipartisan group, composed of nearly 250 members of Congress who recognize and support the arts, acts as an information clearinghouse on arts issues. The caucus reports on legislation affecting artists and arts institu- tions, both commercial and nonprofit. It helps members of Congress prepare TESTIMONY and speeches on the arts. The government also provides indirect aid designed to create a heightened public aware- ness of art and to provide artists with new outlets for their work. Among the effective means of indirect aid are the regulations adopted by many state and municipal governments, which require a percentage of the cost of building new government structures to be spent on art. Federal, state, and local governments indi- rectly promote a heightened public awareness of the arts in the community through zoning. Zoning laws divide a city into districts and set forth the types of structural and architectural designs of buildings in those districts, and the uses that buildings may serve. Some zoning regulations and laws are designed to preserve the aesthetic features or values of an area. As of 2003, most state courts allowed the use of zoning laws for solely aesthetic purposes. These laws may, for example, restrict the placement of billboards or television satellite dishes or may require that junkyards be screened or fenced. State and local governments have become involved in improving the appearance of publicly funded buildings, or any building built on public land, by requiring that new building designs and locations be approved by the local government. Local control over design was held constitutional in Walnut & Quince Streets Corp. v. Mills, 303 Pa. 25, 154 A. 29, appeal dismissed, 284 U.S. 573, 52 S. Ct. 16, 76 L. Ed 498 (1931). In Walnut & Quince Streets, a municipal arts panel refused to permit a theater owner to construct a large marquee extending over the sidewalk. The owner unsuccessfully argued that a local statute permitted the jury to act in an arbitrary fashion that deprived him of DUE PROCESS OF LAW and, furthermore, that the legislature did not have the authority to regulate aesthetics and thus could not delegate such authority to an “arts jury.” The court upheld the statute as a legitimate legislative regulation of public property. Many governments have enacted statutes and regulations prohibiting the destruction and alteration of historic la ndmarks. LANDMARK preservation laws indirectly aid the arts by in- creasing the public’s awareness of the need for beautification and for preserving the work of past generations of artists. The earliest efforts to preserve the nation’s heritage focused on particular buildings or national monuments. The application of historic preservation laws to limit a property owner’s right to her or his property was declared constitutional in Penn Central Transportation Co. v. New York City, 438 U.S. 104, 98 S. Ct. 2646, 57 L. Ed. 2d 631 (1978). In Penn Central, the U.S. Supreme Court held that the New City Landmarks Preservation Commission’s failure to approve plans for construction of a 50-story office build- ing over Grand Central Terminal, a designated landmark, was not an unconstitutional taking of property. Historic preservation law is an active and expansive area of zoning and planning law. According to the National Trust for Historic Preservation, more than 1,700 communities have enacted preservation laws. Federal efforts to encourage preservation include the enactment of laws providing some tax credits for the protection and restoration of old buildings (26 U.S.C.A. § 48 (g)(3)(A) [1986]) and for the protection of archaeological sites (16 U.S.C.A. § 461[1986]). FURTHER READINGS Brenson, Michael. 2001. Visionaries and Outcasts: The NEA, Congress, and the Place of the Visual Artist in America. New York: New Press. Ellickson, Robert C., and Vicki L. Been. 1985. Land-Use Controls: Cases and Materials. Frederick, MD: Aspen. Frohnmayer, John E. 1992. “A Litany of Taboo,” Kansas Journal of Law and Public Policy 2 (spring). Hulbert, Dan. 1998. “High Court Upholds NEA Decency Standards.” Atlanta Journal-Constitution (June 26). Rathkopf, Arden H., and Daren A. Rathkopf. 2005. Rathkopf’s The Law of Zoning and Planning. 5th ed. St. Paul, MN: Thomson/West. U.S. Congress. Congressional Arts Caucus. Serial 20515. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 378 ART LAW CROSS REFERENCES Helms, Jesse Alexander, Jr.; Land-Use Control; Zoning. v ARTHUR, CHESTER ALAN Chester Alan Arthur was born October 5, 1830, in Fairfield, Vermont. He achieved prominence as a politician and as PRESIDENT OF THE UNITED STATES . An 1848 graduate of Union College, Arthur was admitted to the New York City bar in 1851, and he established a legal practice in New York City that same year. With the onset of the Civil War, Arthur served as quartermaster general and inspecto r general of New York. After the war, from 1871 to 1878, he performed the duties of collector for the Port of New York. Although Arthur was a believer in the spoils system, a practice that rewards loyal political party members with jobs that require official appointment, he served his office as an honest administrator. President RUTHERFORD B. HAYES was, however, an advocate of the CIVIL SERVICE system, which provided that qualified people receive employment fairly based upon their qualifications, and removed Arthur from the office of collector. Arthur returned to politics with his election as VICE PRESIDENT of the United States in March of 1880. In Septemb er 1881, he assumed the duties of president, after the assassination of President JAMES GARFIELD. As president, Arthur advocated the passage of the Pendleton Civil Service Reform Bill in 1883, adopting a view that was contrary to his previous support of the spoils system. He signed laws allowing for the modernization of the United States Navy and supported the prosecution of the Star Route Trials, which exposed fraudu- lent activities in the United States Post Office Department. He also vetoed a Congressional bill, the Rivers and Harbours Bill of 1882, charging that the allotment of funds was too extravagant. Arthur’s presidential term ended in 1885; due to ill health, he did not seek renomination. He died November 18, 1886, in New York, New York. ARTICLES Series or subdivisions of individual and distinct sections of a document, statute, or other writing, such as the Articles o f Confederation. C odes or systems of rules created by written agreements of parties or by statute that establish standards of legally Chester Alan Arthur 1830–1886 ◆❖ ◆ ◆◆❖ 1830 Born, Fairfield, Vt. 1829 Andrew Jackson became 7th U.S. president 1848 Graduated from Union College 1851 Passed NYC bar and established legal practice 1861–65 Served as quartermaster general and inspector general of New York during Civil War 1880 Elected vice president under James Garfield 1871–78 Served as collector for the Port of New York 1881–1885 Served as 21st U.S. president after assassination of Garfield 1883 Signed Pendleton Civil Service Reform Bill into law 1886 Died, New York City ▼▼ ▼▼ 18001800 18501850 18751875 19001900 18251825 ◆ Chester A. Arthur. LIBRARY OF CONGRESS MEN MAY DIE, BUT THE FABRIC OF FREE INSTITUTIONS REMAINS UNSHAKEN . —CHESTER ARTHUR GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ARTICLES 379 acceptable b ehavior in a bus i ness relationsh i p, such as articles of incorporation or articles of partnership. Writings that embody contractual terms of agree- ments between parties. ARTICLES OF CONFEDERATION The document that set forth the terms under which the original thirteen states agreed to parti- cipate in a centralized form of government, in addition to their self-rule, and that was in effect from March 1, 1781, to March 4, 1789, prior to the adoption of the Constitution. The ARTICLES OF CONFEDERATION served as the first constitution of the newly formed United States. As it was originally drafted in 1776, the document provided for a strong central government. However, by the time it was ratified in 1781, advocates of states’ rights had greatly weakened its provisions. Many of these advocates feared a centralization of power and wished to preserve a great degree of independence and SOVEREIGNTY for each state. Accordingly, the Articles as they were ratified provided only for a “firm league of friendship,” in which, according to article II of the document, “[e]ach State retains its sovereignty, freedom and independence.” The Articles included provisions for military cooperation between the states, freedom of travel, EXTRADITION of criminal suspects, and equal PRIVILEGES AND IMMUNITIES for ci tizens. They also created a national legislature called the Congress. Each state had one vote in this body, that vote to be determined by a delegation of from two to seven representatives. The Articles called for Congress to conduct foreign relations, maintain a national army and navy, establish and maintain a postal service, and perform a number of other duties. The Articles did not create, as the Constitution later did, executive and judicial branches of government. The Congress created by the Articles was successful on a number of fronts. In 1783 it negotiated with Great Britain a peace treaty that officially ended the Revolutionary War; it arranged to pay war debts; and it passed the NORTHWEST ORDINANCE, which allowed for settle- ment and statehood in new regions in the western part of the United States. However, with time, it became apparent that the Articles had created an unsatisfactory union of the states, chiefly because they established a weak central government. For example, under the Articles of Confederation, Congress did not have the power to tax or to effectively regulate commerce. The resu lting national government did not prove competent at such tasks as raising a military or creat ing a stable currency. In addition, because amendments to the Articles required a unanimous vote of all thirteen states , the Articles proved to be too inflexible to last. A series of incidents in the 1780s made it clear to many early U.S. leaders that the Articles of Confederation would not serve as an effective constitution. Among these incidents was Shays’s Rebellion, in 1786 – 87, an insurrection in which economically depressed farmers demanded debt relief and closed courts of law in western Massachusetts. The Congress of the Confedera- tion was not able to raise a force to respond to this civil unrest, which was later put down by a state MILITIA. GEORGE WASHINGTON and other leaders perceived this as a grievous failure. Therefore, when a constitutional convention assembled in 1787 to amend the Articles, it quickly decided to abandon them altogether in favor of a new constitution. By June 21, 1788, nine states had ratified the new U.S. Constitu- tion and made it effective. It has survived as the basis of U.S. government for more than 200 years. FURTHER READINGS Harrigan, John J . 1996. Politics and the American Future: Dile- mmas of Democracy. 4th ed. New York: McGraw-Hill. Kesavan, Vasan. 2002. “When Did the Articles of Confeder- ation Cease to Be Law?” Notre Dame Law Review 78 (December). Levy, Michael B. 1988. Political Thought in America: An Anthology. 2d ed. Florence, KY: Brooks Cole. CROSS REFERENCES “Articles of Confederation” (Appendix, Primary Docu- ment); Constitution; Constitution of the United States; Federalism; Shays’s Rebellion; Washington, George. ARTICLES OF IMPEACHMENT Formal written allegations of the causes that warrant the criminal trial of a public official before a quasi-political court. In cases of IMPEACHMENT,involvingthe president, VICE PRESIDENT, or other federal officers, the House of Representatives prepares the ARTICLES OF IMPEACHMENT, because it is endowed with the “sole Power of Impeachment,” under Article I, Section 2, Clause 5 of the Constitution. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 380 ARTICLES OF CONFEDERATION The articles are sent to the Senate, which has the exclusive power to “try all Impeachments” by virtue of Article I, Section 3, Clause 6. The use of articles of impeachment against state officials is governed by state constitutions and statutes. Articles of impeachment are anal- ogous to an indictment that initiates criminal prosecutions of private persons. Articles of Impeachment and the U.S. Presidency Articles of impeachment have been drafted against three U.S presidents, ANDREW JOHNSON, RICHARD M. NIXON, and WILLIAM JEFFERSON CLINTON. Nixon resigned before the full House could vote to approve the articles of impeachment pre- pared by the judiciary committee, while John- son and Clinton were both acquitted during Senate trials that were bitterly divided along party lines. On February 24, 1868, the U.S House of Representatives voted to IMPEACH President Andrew Johnson. A week later the House approved 11 articles of impeachment, accusing the president of OBSTRUCTION OF JUSTICE, thwart- ing duly enacted federal laws, improvidently removing military governors from the southern states, and attempting to bring into disgrace, ridicule, hatred, contempt, and reproach the CONGRESS OF THE UNITED STATES. Most historians consider all of the charges against Johnson to have been politically motivated, as the House of Representatives was controlled by radical Republicans who favored RECONSTRUCTION Era legislation that Johnson opposed. In August 1867, Johnson tried to remove the last staunch Reconstructionist from his cabinet by dismissing Secretary of War EDWIN STANTON and replacing him with General ULYSSES S. GRANT. The Senate refused to approve the dismissal, so Johnson replaced Stanton with another general. One article of impeachment charged that Stanton’s dismissal violated the TENURE OF OFFICE ACT , which prohibited the president from dismissing cab inet members without the Senate’s approval. Johnson’s trial in the Senate commenced March 13, 1868, and lasted until May 26, 1868. Supreme Court Justice Salmon Chase presided. The Senate consisted of 45 Republicans and only nine Democrats. Thirty-six votes were required for conviction, so a party-line vote would easily have removed Johnson. After voting on the first three articles of impeachment and failing to convict by a single vote on each of them (7 Republicans sided with 12 Democrats), the Senate adjourned without considering the other eight articles. On July 27, 1974, the House Judiciary Committee approved three articles of impeach- ment against President Richard M. Nixon. The articles charged the president with obstruction of justice in trying to cover up the BURGLARY of DEMOCRATIC PARTY offices at the WATERGATE complex in Washington, D.C., ABUSE OF POWER for ordering the INTERNAL REVENUE SERVICE (IRS) to audit the taxes of political adversaries, and refusal to obey a SUBPOENA from the Judiciary Committee. A week later Nixon complied with a Supreme Court order compelling him to release the transcripts of three tape-recorded conversations of June 23, 1972, which demon- strated his involvement in, and knowledge of, the Watergate cover-up. For example, the transcript of June 23, 1972, tape showed H. R. Haldeman, White House Chief of Staff, telling Nixon that campaign money had financed the Watergate burglary and Nixon telling Haldeman to use the CENTRAL INTELLIGENCE AGENCY (CIA) to curb a FEDERAL BUREAU OF INVESTIGATION (FBI) investigation of the money trail. This transcript was widely referred to as the “the smoking gun” tape because some Republicans had said they would not support impeachment until they found evidence of Nixon holding a “smoking gun” of guilt in his hand. With the public turning against Nixon and his approval rating hovering around twenty-five percent, Republican con- gressional leaders and some of the president’s own aides put him under enormous pressure to resign. Three days after the tapes were released to the public, on August 8, 1974, President Nixon resigned. Nixon’s resignation ended the impeachment inquiry, and following his resig- nation, President GERALD FORD pardoned Nixon for all crimes he may have committed as the nation’s chief executive. On December 19, 1998, the U.S. House of Representatives approved two articles of impeach- ment against D emocratic president Clinton, accusing the president of having committed the crimes of PERJURY and obstruction of justice to conceal his relationship with former White-House intern Monica Lewinsky. The impeachment trial GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ARTICLES OF IMPEACHMENT 381 before the Senate began on January 7 , 1999, and ended on February 12, 1999. Chief Justice WILLIAM REHNQUIST presided. Like the impeachment trial of Andrew Johnson, the Clinton impeachment trial was also bitterly divided along party lines. The Senate was composed of 55 Republicans and 45 Democrats. However, several moderate Republicans privately questioned the propriety of impeaching a president whose job-approval ratings were at approximately 70 percent during a period when the STOCK MARKET was experienc- ing strong growth. Enough Republicans eventu- ally joined all 45 Demo crats in voting to ACQUIT the president on both articles of impeachment, neither article being supported by even a majority of votes, far short of the 67 votes required to convict. FURTHER READINGS Bowman, Frank O. III. 2001. “Falling Out of Love with America: The Clinton Impeachment and the Madiso- nian Constitution.” Maryland Law Review 60. Collier, Charles W., and Christopher Slobogin. 1999. “Terms of Endearment and Articles of Impeachment.” Florida Law Review 51 (September). Pious, Richard M. 1998. “The Constitutional and Popular Law of Presidential Impeachment.” Presidential Studies Quarterly 28. CROSS REFERENCES Chase, Samuel, “The Samuel Chase Impeachment Trial” (Sidebar); Impeachment, “How Will the Trial of Bill Clinton Affect Future Impeachments?” (In Focus); Im- peachment, “A Challenge to I mpeachment” (Sidebar). ARTICLES OF INCORPORATION The document that must be filed with an appropriate government agency, commonly the office of the secretary of state, if the owners of a business want it to be given legal recognition as a corporation. Articles of incorporation, sometimes called a certificate of incorporation, must set forth certain information as mandated by statute. Although laws vary from state to state, the purposes of the corporation and the rights and liabilities of shareholders and directors are typical provisions required in the document. Official forms are prescribed in many states. Once the articles of incorporation are filed with the SECRETARY OF STATE, corporate existence begins. In some jurisdictions, a formal certifi- cate of incorporation attached to a duplicate of the articles must be issued to the applicant before the business will be given legal status as a corporation. ARTICLES OF ORGANIZATION A document required to be filed with an appropriate state or local government agency, in order to establish legal recognition of a limited liability company (LLC). Articles of organization closely parallel articles of incorporation needed for legal creation and recognition of corporations. Limited liability companies and corpora- tions are creatures of statute. They do no exist, in the eyes of the law, until articles of organization or incorporation have been prop- erly filed and accepted by the designated governmental agency—commonly the office of the SECRETARY OF STATE. A business owner is free to set up a LLC in any state; however, the state chosen becomes the state of domicile for such purposes as jurisdiction, employee and with- holding taxes, and required annual filings. Prior to filing articles of organization, a business owner must che ck with the state in which the articles will be filed to determine the availability of the chosen name for the new business entity. Most states do not require a specific format for the articles of organization. All states, however, do require specific minimum information to be contained within the articles. The required information includes the name of the new entity; the business form (e.g., LLC); a statement of general purpose; the name and address of an agent for SERVICE OF PROCESS;the form(s) of ownership interest (e.g., equitable and non-equitable ownership, voting and non- voting ownership, and other forms of ownership having different preferences. Limitations, rights, or duties); and the name(s) of i nitial owner(s) and manager(s). Standa rd forms a re available in ma ny states, which need only be completed and filed along with the corresponding administrative fee. FURTHER READINGS Max Filings, Inc. Web site. “Q&A: Limited Liability Companies (LLCs).” Available online at http://www. maxfilings.com/incorporation-knowledge-center/QA- limited-liability-companies-llc.php; website home page: http://www.maxfilings.com (accessed July 5, 2009). Straub, Joseph T., and Raymond F. Attner. 1994. Introduc- tion to Business. 5th ed. Belmont, CA: Wadsworth. Toolkit Media Group Web site. 1995–2009. “Filing the Articles of Organization.” Available online at http:// www.toolkit.com/small_busine ss_guide/sbg.aspx? nid=P12_6825; website home page: http://www.toolkit. com (accessed July 5, 2009). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 382 ARTICLES OF INCORPORATION Articles of Incorporation (For-Profit Corporation) :SNOITCURTSNI STEP 1: CONTACT THE OFFICE OF THE SECRETARY OF STATE AT (334)242-5324 TO RESERVE A CORPORATE NAME. STEP 2: TO INCORPORATE, FILE THE ORIGINAL, TWO COPIES OF THE ARTICLES OF INCORPORATION AND THE CERTIFICATE OF NAME RESERVATION IN THE COUNTY WHERE THE CORPORATION’S REGISTERED OFFICE IS LOCATED. THE SECRETARY OF STATE’S FILING FEE IS $40. PLEASE CONTACT THE JUDGE OF PROBATE TO VERIFY FILING FEES. PURSUANT TO THE PROVISIONS OF THE ALABAMA BUSINESS CORPORATION ACT, THE UNDERSIGNED HEREBY ADOPTS THE FOLLOWING ARTICLES OF INCORPORATION. IELCITRA The name of the corporation: IIELCITRA The duration of the corporation is “perpetual” unless otherwise stated. IIIELCITRA The corporation has been organized for the following purpose(s): VIELCITRA The number of shares which the corporation shall have the authority to issue is VELCITRA The street address (NO PO BOX) of the registered office: and the name of the registered agent at that office: IVELCITRA The name(s) and address(es) of the Director(s): IIVELCITRA The name(s) and address(es) of the Incorporator(s): Any provision that is not inconsistent with the law for the regulation of the internal affairs of the corporation or for the restriction of the transfer of shares may be added. IN WITNESS THEREOF, the undersigned incorporator executed these Articles of Incorporation on this the _____________________ day of _______________, 20____. Type or Print Name of Incorporator Signature of Incorporator Printed Name and Business Address of Person Preparing this Document: Rev. 7/03 . . . . An example of for- profit articles of incorporation ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. ARTICLES OF INCORPORATION 383 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CROSS REFERENCES Articles of Incorporation; Jurisdiction. ARTICLES OF PARTNERSHIP A written compact by which parties agree to pool their money, labor, and/or skill to carry on a business for profit. The parties sign the compact with the understanding that they will share proportionally the losses and profits according to the provisions and conditions that they have mutually assented would govern their business relationship. CROSS REFERENCE Partnership. ARTICLES OF WAR Codes created to prescribe the manner in which the armed services of a nation are to be governed. For example, the UNIFORM CODE OF MILITARY JUSTICE is an article of war applied to the Army, the Navy, the Coast Guard, and the Air Force of the United States. CROSS REFERENCE Military Law. ARTIFICIAL INSEMINATION The process by which a woman is medically impregnated using semen from her husband or from a third-party donor. Artificial insemination is employed in cases of infertility or impotence, or as a means by which an unmarried woman may become pregnant. The procedure, which has been used since the 1940s, involves injecting collected semen into the woman’s uterus and is per- formed under a physician’s supervision. Artificial insemination raises a number of legal concerns. Most states’ laws provide that a child born as a result of artificial insemination using the husband’s sperm, referred to as AIH, is presumed to be the husband’s legal child. When a child is born after artificial insemina- tion using the sperm of a third-party donor, referred to as AID, the law is less clear. Some states stipulate that the child is presumed to be the legal child of the mother and her husband, whereas others leave open the possibility that the child could be declared illegitimate. Artificial insemination has grown in popu- larity as infertility becomes more prevalent and as more women opt to become single mothers. Eighty thousand such procedu res using donor sperm are performed each year, resulting in the births of thirty thousand babies. By 1990 artificial insemination was a $164 million industry involving eleven thousand private physicians, four hundred sperm banks, and more than two hundred fertility centers. The pract ice of artificial insemination is largely unregulated, and secrecy surrounding the ident ity of donors and recipients is the norm. Surveys of parents indicate that most do not plan to tell their children the circumstances of their births. This raises ethical questions about the right of an individual to be informed about his or her heritage. People who inadver- tently discover they were conceived through artificial insemination often experience distress and feelings of confused identity. Many doctors compound the problem by failing to keep records on the identities and medical histories of donors. The legal minefield created by artificial insemination continues to erupt with new and unprecedented issues. In 1990 Julia Skolnick sued a fertility clinic and a sperm bank for NEGLIGENCE and MEDICAL MALPRACTICE, charging that they mistakenly substituted another man’s sperm for that of her late husband. The woman, who is white, gave birth to a child with African American features, and DNA analysis confirmed that her husband, who was also white, could not have been the child’s father. In another case, Junior Lewis Davis sued to prevent his ex-wife, Mary Sue Davis Stowe, from using or donating fertilized embryos the couple had frozen for later use. The Tennessee Supreme Court held that individuals have “procreational autonomy” and have the right to choose whether to have a child (Davis v. Davis, 842 S.W.2d 588 (Tenn . June 1992). Arthur L. Caplan, former director of the Center for Biomedical Ethics at the University of Minnesota, commented, “In this case, the court said that a man cannot be made to become a parent against his will.” The Davis case raises the question of the right of a sperm donor to prevent the use of his sperm by specific individuals. Serious health questions also surround the issue of artificial insemination. AIDS, hepatitis, and other infectious diseases pose risks to women undergoing the procedure and their potential children. Although the American GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 384 ARTICLES OF PARTNERSHIP Fertility Society recommends that donors be tested for infectious diseases, the guidelines are not binding. In fact, some doctors merely request that donors answer questions about their health history and sex life, and only a handful of states require testing. This casual approach to donor screening can lead to disaster. In 1994 Mary Orsak, of Downey, California, sued the Tyler Medical Clinic, in Westwood, California, for negligence when she discovered she was HIV-positive as a result of artificial insemination with donor sperm. In at least six other cases, HIV transmission through artificial insemination has been confirmed. Other legal pitfalls open up as technology makes artificial insemination more sophisti- cated and more available. Because sperm can be frozen for future use, a woman can be impregnated at any time, even after her hus- band’s death. In 1990 Nancy Hart and Edward Hart, of Covington, Louisiana, anticipating that Edward might not survive his bout with cancer and knowin g that chemotherapy might leave him sterile, decided to place a sample of his sperm in a New Orleans sperm bank. Edward died in June 1990. Three months later Nancy underwent artificial insemination using his sperm, and on June 4, 1991, their daughter Judith was born. Under Louisiana law (L.S.A C.C. Art. 185), the state would not acknowledge Edward as the child’s father because she had been born more than three hundred days after his death. As a result, Nancy was unable to receive SOCIAL SECURITY survivors benefits for her daughter. She sued both the state of Louisiana and the federal government. In June 1995 Administrative Law Judge Elving Torres ruled that the Social Security Administration (SSA) must pay Judith a $10,000 lump sum and $700 per month in survivor’s benefits. Accord- ing to Torres, the DNA EVIDENCE presented to him proved that Judith is Nancy and Edward Hart’s child. Medical technology enables recipients of artificial insemination to select the sex of their offspring, which raises still more ethical ques- tions. Some religions condemn this practice as unnatural, although other theologians disagree. Some commentators have even suggested that it is unethical and exploitative to offer expensive, difficult, painful, and frustrating fertility proce- dures to desperate people when there may be little chance that a successful pregnancy will result. The legal, ethical, and medical quagmires created by artificial insemination have not deter- red thousands of couples and single women from seeking the procedure. Artificial insemi- nation is sometimes the best, if not the only, solution for a person determined to achieve pregnancy. FURTHER READINGS Bernstein, Gaia. 2002. “The Socio-Legal Acceptance of New Technologies: A Close Look at Artificial Insemination.” Washington Law Review 77 (October). Goldstein, Karen L., and Caryn H. Okinaga. 2002. “Assisted Reproductive Technology.” Georgetown Journal of Gender and the Law 3 (spring). Gunning, Jennifer, and Helen Szoke, eds. 2003. The Regu- lation of Assisted Reproductive Technology. Aldershot, Hampshire, England: Ashgate. Ross, Jane O. 1999. “A Legal Analysis of Parenthood by Choice, Not Chance.” Texas Journal of Women and the Law 9 (fall). CROSS REFERENCES Family Law; Illegitimacy; Parent and Child; Reproduction. ARTIFICIAL PERSON A legal entity that is not a human being but for certain purposes is considered by virtue of statute to be a natural person. A corporation is considered an ARTIFICIAL PERSON for SERVICE OF PROCESS. AS IS A term used to describe a sales transaction in which the seller offers goods in their present, existing condition to prospective buyers. The term as is gives notice to buyers that they are taking a risk on the quality of the goods. The buyer is free to inspect the goods before purchase; but if any hidden defects are discovered after purchase, the buyer has no recourse against the seller. Any implied or express warranties that usually accompany goods for sale are excluded in an “as is” sale. Contract law and the UNIFORM COMMERCIAL CODE regulate “as is” sales. AS PER A phrase commonly recognized to mean “in accordance with the terms of” a particular document—such as a contract, deed, o r affidavit— or “as authorized by the contract.” GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION AS PER 385 v ASHCROFT, JOHN DAVID In 25 years, JOHN ASHCROFT ascended from assistant state attorney general for the state of Missouri to U.S. attorney general. The political road to the JUSTICE DEPARTMENT was paved by this conservative right-wing Republican with his hard work and strong ethics. JOHN DA VID ASHCROFT wasbornonMay9, 1942, in Chicago, Illinois. His family moved to rural S pringfield, Missouri, when he was j ust a young boy. Springfield is the home of the Pentecostal Assembly of God Church, and because Ashcroft’s f ather and grandfather were Pentecostal ministers, it seemed only natural that the family would make Springfield their home. Whereas the church forbids smoking, drinking, and dancing, it does promote gospel singing. Ashcroft t ook up playing the guitar and singing gospel when he was young, and i t was a passion of his e ver a fter. After high school Ashcroft headed east to Yale where he received a degree in history in 1964. He then returned to the Midwest and studied at the University of Chicago Law School. There he met his later wife, Janet. They both graduated from the University of Chicago in 1967 and went on to teach business law at Southwest Missouri State University. In 1972 Ashcroft decided to run for a spot in the U.S. House of Representatives. While he lost the race, he still found his way into politics when he was named assistant attorney general for the state of Missouri in 1975 under then- attorney general, John Danforth. While working there, Ashcroft met future U.S. Supreme Court Justice CLARENCE THOMAS. In 1976 Danforth decided to run for the U.S. Senate, giving Ashcroft the opportunity to campaign for the soon-to-be vacated state attorney general position. Ashcroft won the election and, in this new role, established his conservative reputation when he vehemently opposed court-ordered SCHOOL DESEGREGAT ION in St. Louis and Kansas City. While he could not please everybody, he managed to please many, and he was elected for another term befo re then becoming the 50th governor of Missouri in 1984. Ashcroft accomplished a great deal for the state of Missouri. He balanced budgets without increasing taxes. He also fo cused on WELFARE reform and education by imposing tougher testing requirements for student advancement. As a validation of these efforts, Ashcroft was John Ashcroft. GETTY IMAGES John David Ashcroft 1942– ▼▼ ▼▼ 1925 2000 1975 1950 ❖ ◆ ◆ ◆◆ 1942 Born in Chicago, Illinois 1939–45 World War II 1967 Received J.D. from University of Chicago 1961–73 Vietnam War 1976–85 Served as Missouri attorney general 1985–93 Served as Missouri governor 2001 Became U.S. attorney general 1995–2000 Served as U.S. senator from Missouri 2001 September 11 terrorist attacks 2005 Founded The Ashcroft Group ◆ 2004 Resigned as attorney general GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 386 ASHCROFT, JOHN DAVID re-elected to a second term as governor with an impressive 65 percent of the vote. State law did not allow him to run for a third term. In 1994 Ashcroft again followed in the footsteps of John Danf orth, who was retiring from the Senate. Ashcroft was elected to the U.S. Senate and sworn in at the beginning of 1995. While in Congress, Ashcroft proposed and supported very conservative legislation, most of which did not become law. He was pro-life, against GUN CONTROL, and against AFFIRMATIVE ACTION. He sponsored the Human Life Amendment, which defined life to begin at conception and banned all abortions, including those involving incest or RAPE, except when needed to save the life of the mother. The legislation did not become law. He was also unsuccessful in his support for term limits for congressmen and prayer in schools. Ashcroft was, however, successful with his Char itable Choice provision, a component of the welfare reform legislation in 1996. The provision granted funding to religious organizations in order to provide social welfare programs. In 1998 Ashcroft published a book, Lessons from a Father to His Son, about his father’s preachings, his Christian faith, and how it influenced his life. Also in 1998 the Ronnie White confirmation hearings branded him by some as a racist. White was the first African American Missouri Supreme Court Justice. Then-president BILL CLINTON nominated him to the federal bench. During White’s confirmation hearings, Ashcroft focused on a dissent that White made in a CAPITAL PUNISHMENT case and argued that White was soft on crime. Yet White had actually voted to upho ld the death penalty in 41 of the 59 cases that he heard on the bench, and some argued that Ashcroft attacked White because of his race. Ultimately, the Senate voted down White, making him the first federal judicial nominee to be defeated since Robert Bork. That same year, Ashcroft seriously considered running for the REPUBLICAN PARTY nomination for U.S. president. After a short- lived campaign, however, he withdrew his name and supported GEORGE W. BUSH. In 2000, Ashcroft ran once again for his Senate position, this time against Missouri governor Mel Carnahan. Carnahan died with his son in a plane crash three weeks before the election but still won the vote by a slim margin. Ashcroft was a gracious loser, and Carnahan’s widow was appointed to replace her deceased husband in the Senate. In 2001 Ashcroft was appointed by Presi- dent Bush and confirmed by Congress for the position of U.S. attorney general, one of the most powerful positions in the country. As attorney general, Ashcroft became head of the Justice Department and would oversee many powerful segments of the federal government, including the DRUG ENFORCEMENT ADMINIST RATION, the FEDERAL BUREAU OF INVESTIGATION, and the U.S. Marshals. The SEPTEMBER 11TH ATTACKS in 2001 caused an enormous change in the way Americans viewed the responsibilities of the nation’s top law enforcement officials. In the aftermath of the attacks, Congress passed the Homeland Security Act and the USA Patriot Act, legislation that gave the Justice Department unprecedented latitude in dealing with suspected terrorists. In 2002 and early 2003, Ashcroft issued numerous regulations dealing with the issue of domestic security and the tracking of foreign nationals including orders that gave FBI agents and U.S. marshals permission to arrest such persons for IMMIGRATION violations when there was not sufficient evidence to hold the m on criminal charges. The Justice Department stepped up its surveillance methods, including the issuance of “national security letters” that mandated busi- nesses to turn over electronic records of finances and other information. Ashcroft also signed more than 170 classified “ emergency foreign intelligence warrants,” which allowed 72 hour s of wiretaps and searches of persons viewed as national security THREATS before they needed to be reviewed and approved by the Foreign Intelligence Surveillance Court. Groups representing Muslim immigrants, numerous civil liberties advocates, religious groups, and others protested much of the DOJ activity. One program that did not pass muster with Congress was the TERRORISM Information and Prevention System to be known by its acronym as “Operation TIPS.” The program was planned to train millions of American workers including truck drivers, mail carriers, train conductors, and employees of utilities to look for and report any suspicious material or activity to a new FBI database. Other Ashcroft initiatives that provoked controversy include the DOJ’schallengetoan Oregon law that permits physician-assisted OUR [ANTI- TERRORIST] EFFORTS HAVE BEEN CRAFTED CAREFULLY TO AVOID INFRINGING ON CONSTITUTIONAL RIGHTS , WHILE SAVING AMERICAN LIVES. —JOHN ASHCROFT GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ASHCROFT, JOHN DAVID 387 . York 18 81 18 85 Served as 21st U.S. president after assassination of Garfield 18 83 Signed Pendleton Civil Service Reform Bill into law 18 86 Died, New York City ▼▼ ▼▼ 18 0 018 00 18 5 018 50 18 7 518 75 19 0 019 00 18 2 518 25 ◆ Chester. BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. ARTICLES OF INCORPORATION 383 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CROSS REFERENCES Articles of Incorporation; Jurisdiction. ARTICLES OF PARTNERSHIP A. City ▼▼ ▼▼ 18 0 018 00 18 5 018 50 18 7 518 75 19 0 019 00 18 2 518 25 ◆ Chester A. Arthur. LIBRARY OF CONGRESS MEN MAY DIE, BUT THE FABRIC OF FREE INSTITUTIONS REMAINS UNSHAKEN . —CHESTER ARTHUR GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ARTICLES