CROSS REFERENCES Communism “House Un-American Activities Committee” (In Focus); Ente rtainment Law; Freedom of Association and Assembly; Freedom of Speech. BLACKMAIL The crime involving a threat for purposes of compelling a person to do an act against his or her will, or for purposes of taking the person’s money or property. The term blackmail originally denoted a payment made by English persons residing along the border of Scotland to influential Scottish chieftains in exchange for protection from thieves and marauders. In blackmail the threat might consist of physical injury to the threatened person or to someone loved by that person, or injury to a person’s reputation. In some cases the victim is told that an illegal act he or she had previously committed will be exposed if the victim fails to comply with the demand. Although blackmail is generally synony- mous with extortion, some states distinguish the offenses by requiring that the former be in writing. Blackmail is punishable by a fine, imprisonment, or both. CROSS REFERENCE Threats. v BLACKMUN, HARRY ANDREW Harry Andrew Blackmun, associate justice of the U.S. Supreme Court from 1970 to 1994, stepped into a political maelstrom when he authored the much-lauded, much-reviled 1973 opinion ROE V. WADE, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147. Roe guaranteed access to safe, legal abortions for women in the first trimester of pregnancy. Depending on one’s viewpoint, Blackmun was considered either a public hero or a Supreme Court villain, for authoring the opinion upholding a woman’s right to privacy in the matter of abortion. An unassuming and highly intelligent man, Blackmun seemed an unlikely symbol for an explosive social and political issue. Born November 12, 1908, in Nashville, Illinois, he spent his childhood in St. Paul, Minnesota, where his father ran a hardware and grocery store. Blackmun was an outstanding student and received a scholarship to Harvard Univ er- sity, where he graduated summa cum laude with a mathematics degree in 1929. He went on to earn a law degree from Harvard Law School in 1932. Blackmun’s first job out of law school was a federal clerkship for Judge John B. Sanborn, of the U.S. Court of Appeals for the Eighth Circuit. After his clerkship, Blackmun spent 16 years practicing law in Minneapolis as a tax and trust specialist at a large, prestigious firm. In 1941 Blackmun and Dorothy E. Clark married; they later raised three children. Blackmun also taught at the St. Paul College of Law (later renamed the WILLIAM MITCHELL College of Law) and at the University of Minnesota Law School. In 1950 he became head counsel at the Mayo Clinic, in Rochester, Minnesota, a position he particularly enjoyed because of a lifelong interest in medicine. In 1959 President DWIGHT D. EISENHOWER appointed Blackmun to the U.S. Court of Appeals for the Eighth Circuit to replace his former boss, Judge Sanborn. While on the appeals court, Blackmun was a diligent and fair-minded judge, with a conservative outlook. A significant portion of his decisions involved tax issues. Blackmun sat on the Eighth Circuit until 1970 when President RICHARD M. NIXON appointed him to the U.S. Supreme Court. Blackmun was Nixon’s third choice for the Supreme Court seat formerly held by Associate Justice ABE FORTAS. Earlier, Nixon had nominated Clement F. Haynsworth Jr. and G. Harrold Carswell, two candidates with unconvincing qualifications. After the Senate refused to confirm either Haynsworth or Carswell, Nixon turned to Black- mun as a candidate with sterling legal credentials and a fine personal reputation. Unlike the rancorous Senate proceedings for the two failed candidates, Blackmun’s confirmation hearing was quick and congenial. He was approved unanimously by the Senate on May 12, 1970. When Blackmun joined the Supreme Court, he teamed up with his boyhood friend WARREN E. BURGER, who was chief justice. Years before, Blackmun had been best man at Burger’s wed- ding. The two St. Paul natives were immediately dubbed the Minnesota Twins. Blackmun entered the Court with the reputation of being a hardworking, irreproach- able, and conservative jurist. During his quarter century on the Supreme Court, his reputation changed in one significant way: Although he continued to be seen as hardworking and ABORTION RAISES MORAL AND SPIRITUAL QUESTIONS OVER WHICH HONORABLE PERSONS CAN DISAGREE SINCERELY AND PROFOUNDLY .BUT THOSE DISAGREEMENTS DO NOT NOW RELIEVE US OF OUR DUTY TO APPLY THE CONSTITUTION FAITHFULLY . —HARRY BLACKMUN GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 58 BLACKMAIL irreproachable, he was perceived less and less as a conservative. Court observers noted that Blackmun’s voting record indicated a swing to the political left. His support for civil liberties in the areas of commercial speech and the rights of aliens, as well as his acceptance of a broadened judicial role, resulted in an alliance with liberal justices THURGOOD MARSHALL and William J. Brennan Jr. Blackmun insisted that he was merely taking a central ground on the issues before the Court. Nevertheless, in 1991 he acknowledged the change in pu blic perception, saying, “having been appointed by a Republican president and being accu sed now of being a flaming liberal, the Republicans think I’m a traitor and the Democrats don’t trust me. And so I twist in the wind, I hope, beholden to no one, and that’s just exactly where I want to be.” Roe is Blackmun’s most famous contribu- tion as a Supreme Court justice. Writing for the seven-member majority, Blackmun ruled that women could obtain abortions without inter- ference from the state as a matter of right under the FOURTEENTH AMENDMENT to the U.S. Consti- tution. The case came about as a challenge to a Texas law (Tex. Rev. Civ. Stats. arts.1191-1194, 1196) that made abortion illegal unless per- formed to save the life of the mother. The law was challenged by a pregnant woman as a violation of her right to privacy. Blackmun held that the privacy rights of the pregnant woman outweighed the state’s interest. His knowledge of medical issues is evident in the case. Blackmun based his RULING on a three- part division of pregnancy: the first trimester, when a woman can obtain an abortion and the state has no interest; the second trimester, when the state has an interest in the licensing of the performing physician; and the last trimester, when the fetus is considered viable, or capable of living outside the mother’s womb, and the state’s interest reaches a level where the state may restrict access to abortion. Although Blackmun earned praise for this ruling, he also became the target of protests and death threats. In another indication of his more liberal leanings, Blackmun publicly denounced CAPITAL PUNISHMENT in 1994. Two months before his retirement from the Court, Blackmun, who had been a strong and consistent supporter of the death penalty, announced that he had come to believe that the system for capital punishment was so riddled with bias and error as to be unworkable. “From this day forward”, he stated, “I no longer shall tinker with the machinery of death.” After his retirement in April 1994, Blackmun continued to come daily to the court ▼▼ ▼▼ Harry Andrew Blackmun 1908–1999 19001900 19501950 19751975 20002000 19251925 ❖ ❖ 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War 1914–18 World War I ◆◆ ◆ ◆ ◆◆ ◆ 1929 Graduated from Harvard University 1932 Received J.D. from Harvard Law School 1934–50 Worked in private practice in Minneapolis 1950 Became in-house counsel to the Mayo Foundation and Clinic 1959 Appointed to U.S. Court of Appeals for the Eighth Circuit by President Eisenhower 1973 Wrote majority opinion for Roe v. Wade 1994 Retired from Supreme Court 1999 Died, Washington, D.C. 1908 Born, Nashville, Tenn. 1970 Nominated to U.S. Supreme Court by President Nixon Harry Blackmun. GETTY IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION BLACKMUN, HARRY ANDREW 59 and go to the cafe teria for breakfast with his clerks. Blackmun died in Washington, D.C., on March 4, 1999, at the age of 90. FURTHER READINGS Abraham, Henry Julian. 1999. Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appoint- ments from Washington to Clinton. New York: Rowman & Littlefield. Barnes, Catherine A. 1978. Men of the Supreme Court: Profiles of the Justices. New York: Facts on File. Congressional Quarterly. 1989. Guide to the U.S. Supreme Court. 2d ed. Washington, D.C.: Congressional Quarterly. Cushman, Claire, ed. 1993. The Supreme Court Justices: Illustrated Biographies, 1789–1993. Washington, D.C.: Congressional Quarterly. Levy, Leonard. 1974. Against the Law: The Nixon Court and Criminal Justice. New York: Harper & Row. Schwartz, Bernard. 1993. A History of the Supreme Court. New York: Oxford Univ. Press. CROSS REFERENCES Abortion; Privacy. v BLACKSTONE, SIR WILLIAM The groundwork for U.S. jurisprudence lies in a four-volume eighteenth-century publication by British legal commentator Sir William Black- stone. Blackstone’s Commentaries on the Laws of England provided a systematic analysis of English COMMON LAW. Published between 1765 and 1769, the treatise was an exhaustive compilation of Blackstone’s Oxford University lectures on law. Commentaries was unprecedented in scope and purpose, and profoundly influenced the devel- opment of common law and LEGAL EDUCATION in EnglandandtheUnitedStates. Born July 10, 1723, Blackstone was the son of Mary Blackstone and Charles Blackstone, of London. Blackstone’s father, a silk merchant, died before Blackstone was born; his mother died while he was a young boy. Raised by an older brother and tutored by an uncle, Blackstone attended Charterhouse and Pembroke College, at Oxford University, where his education included a thorough exposure to mathematics and logic. Blackstone entered All Souls College, Oxford, in 1743, and became a fellow in 1744. In preparation for a law practice, Blackstone received a CIVIL LAW degree in 1745, and became a barrister in 1746. In 1750 he became a doctor of civil law. One year later he was selected as an assessor (judge) of Chancellor’s Court. In 1755, after three years of a lusterless law practice, Blackstone decided to devote all of his time to teaching law at Oxford. His first book, published i n 1757, was titled An Analysis of the Laws of England. In 1758 Blackstone was named Oxford’s Vinerian Professor of ENGLISH LAW , receiving the first chair of common law ever established at the university. Blackstone’s lectures were well received, providing students with a comprehensive introduction to the laws of England. The success of his lectures enhanced Black- stone’s career. In 1761 he became a bencher (supervisor and lecturer) at Oxford’s Middle Temple. The same year, he was elected to Parliament, where he served for seven years— although, according to most historians, he was not an especially ambitious or effective politi- cian. Also in 1761, Blackstone married Sarah Clitherow, with whom he had nine children. In 1765 Blackstone published the first of his four volumes of Commentaries. The treatise discussed the cases, rules, and legal principles outlined in his popular Oxford lectures. Each volume concentrated on a particular area of law—personal rights, property rights, torts, or ▼▼ ▼▼ Sir William Blackstone 1723–1780 ❖ ❖ 1723 Born, London, England ◆ ◆ ◆ 1743 Entered All Souls College, Oxford 1746 Became a barrister 1750 Became a doctor of civil law ◆ ◆ ◆ 1755 Began teaching full-time at Oxford 1757 An Analysis of the Laws of England published ◆ ◆◆ 1765 First of four volumes of Commentaries published 1770 Became judge of the Court of Common Pleas; knighted by George III. ◆ 1775 American Revolution began 1780 Died, London, England 1761 Became a supervisor and lecturer at Oxford's Middle Temple 1758 Named Vinerian Professor of English Law at Oxford ▼▼ ▼▼ 1725 1700 1750 1775 1800 IT IS BETTER THAT TEN GUILTY PERSONS ESCAPE THAN ONE INNOCENT SUFFER . —SIR WILLIAM BLACKSTONE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 60 BLACKSTONE, SIR WILLIAM CRIMINAL LAW. As Blacks tone analyzed the laws, he also revealed their relationship to a higher power. Throughout his Commentaries, Black- stone wove the concept of “natural law,” or God’s laws imposed on humankind. Some critics maintain that Blackstone’s view of British law was misleading because a logical, cohesive legal system simply did not exist at the time he was writing. Also, they argue that although Blackstone’s writing style was graceful, he sometimes treated legal terms loosely. Yet even his harshest critics concede that Black- stone’s effort to synthesize English law was indeed impressive, as was the effect of his treatise in his country and beyond. Blackstone’s Commentaries was particularly influential in the United States as the new nation sought to establish its own laws and legal system. Although Blackstone is no longer cited by practicing attorneys—his importance in the United States decreased dramatically during the twentieth century—he remains a revered figure in U.S. law. More than 30 editions of Commentaries have been printed in the United States and England. In 1770 Black stone became judge of the Court of COMMON PLEAS and was knighted. He died on February 14, 1780, at age fifty-seven. FURTHER READINGS Carrese, Paul O. 2003. The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism. Chicago: Univ. of Chicago Press. Priest, Wilfrid. 2008. William Blackstone: Law and Letters in the Eighteenth Century. New York: Oxford Univ. Press. Stacey, Robert D. 2003. Sir W illiam Blackstone and the Common Law: Blackstone’sLegacytoAmerica.Ozark, AL: ACW Press. CROSS REFERENCES Blackstone’s Commentaries. BLACKSTONE’S COMMENTARIES A series of lectures delivered by the English jurist Sir William Blackstone at Oxford in 1753 and published as Commentaries on the Laws of England in four volumes between 1765 and 1769, which systematized and clarified the amorphous body of English law. The Commentaries are the first attempt to state the entire corpus of the COMMON LAW. They were acclaimed internationally and their pre- cepts were applied to the study and PRACTICE OF LAW in England and the United States. They exerted a tremendous influence on the Ameri- can bar, both because of their intrinsic value and because they were the only treatises readily available during that period of U.S. history. The Commentaries were the primary reference tools for lawyers and judges until the nine- teenth century because the appellate courts in America did not regularly submit their opinions for publication in bound volumes. Although there were court reporters, their records of decisions were incomplete and sporadic; and few attorneys could afford a comprehensive library. Because the common law of England was incorporated into the legal systems of the colonies, Blackstone’s summaries rendered the legal system accessible to the entire educated class of the colonies. Dissatisfaction with the common-law restrictions on FREEDOM OF SPEECH and the press was an important aspect of the burgeoning resentment of English rule; and the knowledge and intellectual stimulation provi d- ed by Blackstone thereby played a role in causing the American Revolution. Blackstone’s books, which were periodically updated by American editors, constituted a major source of law for approximately fifty years after the American Revolution. The Commentaries are viewed as the most comprehensive summary of the entire body of Sir William Blackstone. LIBRARY OF CONGRESS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION BLACKSTONE’ S COMMENTARIES 61 ENGLISH LAW ever compiled by a single author. Their clarity, sophistication, and formality have caused them to be highly regarded. While studying to be a lawyer, ABRAHAM LINCOLN reportedly read Blackstone by candlelight. Blackstone did have detractors, however, most notably THOMAS JEFFERSON and JEREMY BENTHAM , the English Utilitarian philosopher. Jefferson believed that Blackstone and his followers were “Tories” and that he was a negative influence on Americ a in the sense that more attention needed to be devoted to “whiggism” or “republicanism.” Bentham criti- cized Blackstone for his perception that English law needed no improvement and for his imprecise analysis of the historical and social factors underlying systems of justice. Although the Commentaries might seem antiquated by current standards, B lackstone ’s work represented a tremendous advance in the study of law and played a significant role in the development of the American legal system. v BLAIR, JOHN, JR. John Blair Jr., was among the original members of the U.S. Supreme Court. Nominated by President GEORGE WASHINGTON, Blair began his term as an associate justice shortly after the Court’s establishment on February 2, 1790. Considered a fair-minded, incorruptible jurist, he remained on the bench for six years. Blair was born in 1732 into a wealthy, well- established Virginia family. His parents were John Blair Sr., a public official with important political connections, and Mary Munro (or Monro) Blair, whose father was a rector in Virginia’s St. John’s Parish. In 1754, Blair graduated from the College of William and Mary (founded by his great-uncle), and he then studied law at Oxford’s Middle Temple, in London. In 1756 Blair returned to Virginia with his Scottish wife, Jean Balfour, and began a successful law practice in Williamsburg. He served in the House of Burgesses as a represen- tative of William and Mary from 1766 to 1770. (The House of Burgesses was a colonial assembly of elected officials and the governor.) He served as clerk of the governor’s council from 1770 to 1775. Blair attended the Virginia Constitutional Convention and the Virginia PRIVY COUNCIL in 1776. (The Privy Council was an advisory group to the English monarchy.) John Blair Jr. CORBIS. John Blair Jr. 1732–1800 ❖ ❖ 1732 Born, Williamsburg, Va. 1754 Graduated from the College of William and Mary ◆ ◆ ◆◆ 1766–70 Served in the Virginia House of Burgesses 1770–75 Served as clerk of the (Va.) governor's council 1776 Attended the Virginia Constitutional convention 1775–83 American Revolution 1778 Became a judge on the Virginia General Court 1780 Appointed to Virginia Court of Appeals 1787 Served as delegate to the Constitutional Convention 1789 Nominated by George Washington as one of first six U.S. Supreme Court justices 1782 Commonwealth v. Caton established legal concept of judicial review 1796 Retired from Supreme Court 1800 Died, Wiliamsburg, Va. ◆ ◆ ◆ ◆ ▼▼ ▼▼ 18001800 17751775 17501750 17251725 BEING CALLED UPON FOR AN ACCOUNT OF WHAT MONEY I MAY HAVE IN HAND BELONGING TO HIS MAJESTY,IHAVE ONLY TO SAY THAT I HAVE NOT ANY. —JOHN BLAIR JR. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 62 BLAIR, JOHN, JR. Before his ascension to the U.S. Supreme Court, Blair performed judicial duties for various state courts. He became a judge on the newly established Virginia General Court in 1778. In 1780 he became chancellor of the high court of chancery and was appointed to Virginia’s first court of appeals. In the 1782 chancery case Commonwealth v. Caton, 8 Va. (4 Call) 5, Blair concluded that courts were entitled to review state legislation and to invalidate any laws found unconstitu- tional. The legal concept of judicial review— whereby the courts examine LEGISLATIVE ACTS and determine their constitutionality— was later embraced fully by the U.S. Supreme Court, in the landmark case MARBURY V. MADISON, 5 U.S. 137, 2 L. Ed. 60 (1803). In 1787 Blair served as a delegate to the Constitutional Convention in Philadelphia. Soon afterward he was appointed to the Virginia Court of Appeals. Blair received his greatest judicial honor when President Wa shington nominated him, along with five other men, to the first High Court on September 24, 1789. (At the time, only six justices sat on the Supreme Court. By 1869 the number had risen to nine.) Blair was confirmed by the U.S. Senate on September 26, 1789. As an associate justice, Blair took part in CHISHOLM V. GEORGIA, 2 U.S. 419, 1 L. Ed. 440 (1793), the Supreme Court’s first major opin- ion. The issue before the Court was state sovereignty and whether a citizen of one state could sue another state in federal court over a disputed claim. The Supreme Court ruled that under Article III, Section 2, of the U.S. Constitution, a citizen of one state could indeed sue another state in federal court. Many states decried the outcome of Chisholm, fearing lawsuits that would lead to economic disaster. Four years after the decision was handed down, Congress ratified the ELEVENTH AMENDMENT to the U.S. Constitution, which prohibited citizens of one state from suing another state without the consent of the DEFENDANT state. The amendment in effect overturned Chisholm. Until the 1860s, U.S. Supreme Court justices sat on a CIRCUIT COURT as well as the High Court. In Hayburn’s Case, 2 U.S. 408, 1 L. Ed. 436 (1792), Blair broke new ground as a federal appeals judge by RULING that a congres- sional act ordering circuit judges to serve as pension commissioners was unconstitutional. Blair noted that the supervision of a federal pension plan was not a judicial duty. He ruled that the designation of circuit judges as admin- istrators violated the separation-of-powers doctrine. Blair retired from the High Court on January 27, 1796, citing the stress of serving on both the Supreme Court and the circuit court, which in Blair’s case stretched from New Jersey to Virginia. He died in his native Williamsburg at age 68, in 1800. FURTHER READINGS Congressional Quarterly. 2004. Guide to the U.S. Supreme Court. 4th ed. Washington, D.C.: Congressional Quarterly. Cushman, Claire, ed. 1996. The Supreme Court Justices: Illustrated Biographies, 1789–1995. 2d ed. Washington, D.C.: Congressional Quarterly. Frank, John P., Leon Friedman, and Fred Israel, ed. 1995. The Justices of the United States Supreme Court: Their Lives and Major Opinions. New York: Chelsea House. BLANK Lacking something essential to fulfillment or completeness; unrestricted or open. A space left empty for the insertion of one or more words or marks in a written docum ent that will effectuate its meaning or make it legally operative. A printed legal form in which the standard or necessary words are printed in their proper order with spaces left open, to be filled with names, dates, figures, and additional clauses. A blank check is one that is unrestricted as to the amount to be paid. BLANK ENDORSEMENT The writing of the name of a person who holds a negotiable instrument on the back of the docu- ment without specifically designating to whom the paper is to be paid, which transfers the rights that the signer had in the instrument to the person who presents it for payment. When a person endorses a paycheck, for example, with just a signature, such as “John Jones,” then the bank is authorized to pay the check to anyone who presents it for payment, because there is no specification or restriction as to whom the check can be paid. Such a signature is a blank endorsement. A NEGOTIABLE INSTRUMENT that has a blank endorsement is called bearer paper. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BLANK ENDORSEMENT 63 BLASPHEMY The malicious or wanton reproach of God, either written or oral. In English law, the offense of speaking disparaging words about God, Jesus Christ, the Bible, or the Book of Common Prayer with the intent to undermine religious beliefs and promote contempt and hatred for the church as well as general immorality. In U.S. law, any maliciously intended written or oral accusation made against God or religion with the purpose of dishonoring the divine majesty and alienating mankind from the love and reverence of God. Blasphemy is a common-law offense and also an offense by statute in certain jurisdictions. It must be uttered in the presence of another person or persons or published in order to be an offense. Mere use of profanity is not considered blasphemy. Blasphemy statutes are rarely, if ever, enforced in the early twenty-first century. v BLATCHFORD, SAMUEL Samuel Blatchford was an astute and conscien- tious jurist who served on the U.S. Supreme Court from 1882 to 1893. He was known primarily for his maritime and patent expertise and for his remarkable productivity. During his 11-year tenure on the High Court he wrote 430 opinions and two dissents. His most noteworthy opinions, Chicago, Milwaukee & St. Paul Railway Co. v. Minnesota, 134 U.S. 418, 10 S. Ct. 462, 33 L. Ed. 970 (1890), and Budd v. People of New York, 143 U.S. 517, 12 S. Ct. 468, 36 L. Ed. 247 (1892), were roundly criticized for their apparently contradictory conclusions about due process under the FOURTEENTH AMEND- MENT of the U.S. Constitution. Blatchford was born in New York City on March 9, 1820, the son of Richard Blatchford, a lawyer, and Julia Ann Mumford. He attended Columbia College (renamed Columbia Univer- sity), and graduated with honors at age seven- teen in 1837. Blatchford served as a trustee of Columbia from 1867 to 1893. After graduation Blatchford became the private secretary of Governor William H. Seward of New York, a family friend. Blatchford studied law, was admitted to the New York bar in 1842, and practiced for three years with his father in Manhattan. Blatchford then joined Seward’s law firm in Auburn, New York. He married Caroline Appleton in 1844. Samuel Blatchford. COLLECTION OF THE SUPREME COURT OF THE UNITED STATES Samuel Blatchford 1820–1893 ❖ 1820 Born, New York, N.Y. ❖ ◆ ◆ ◆ ◆ ◆◆ ◆ ◆ 1837 Graduated from Columbia College 1842 Admitted to New York bar 1852 Blatchford's Circuit Court Reports first published 1861–65 U.S. Civil War 1867 Appointed district judge of the Southern District of New York 1876 Appointed circuit judge of Second U.S. Circuit 1882 Appointed to U.S. Supreme Court by President Arthur 1890 Wrote Chicago, Milwaukee & St. Paul Railway Co. v. Minnesota opinion 1893 Died, Newport, R.I. 1892 Wrote Budd v. New York opinion ▼▼ ▼▼ 18251825 18001800 18501850 18751875 19001900 THE IMPORTANCE OF A LEARNED ,[AND] HIGH-TONED BAR, TO THE PROPER DISCHARGE OF THE FUNCTIONS OF THE BENCH , CANNOT BE TOO HIGHLY ESTIMATED .THE STREAM CAN NEVER RISE HIGHER THAN THE FOUNTAIN . —SAMUEL BLATCHFORD GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 64 BLASPHEMY In 1854 Blatchford started his own law firm and he eventually became a respect ed authority on international, maritime, and patent law. Because of his extensive knowledge of patent law he was asked by lawmakers to help write key federal statutes governing patent infringement. Blatchford made a significant contribution to the legal profession by organizing a reporting system for federal CASE LAW. During much of the nineteenth century federal opinions were not compiled or readily accessible to practicing lawyers. In 1852 Blatchford collected and published federal court admiralty decisions in Blatchford’s CIRCUIT COURT Reports, a series that grew to 24 volumes. He also produced Blatch- ford’s and Howland’s Reports, a volume of admiralty cases from the district court for the Southern District of New York, and Blatchford’s Prize Cases, a collection of cases from circuit and district courts. His case reporting is credited with improving legal research. Although Blatchford turned down an op- portunity to sit on the New York Supreme Court in 1855, he eventually accepted another court appointment and rose through the ranks of the judiciary. In 1867 he was appointed by President ANDREW JOHNSON as district judge of the Sout hern District of New York. Nine years later President RUTHERFORD B. HAYES named him circuit judge for the second judicial circuit. Blatchford reached the pinnacle of his career in 1882, when President CHESTER A. ARTHUR nominated him to the U.S. Supreme Court. Blatchford was Arthur’s third choice for the seat vacated by WARD HUNT. Although the U.S. Senate had already confirmed New York politician ROSCOE CONKLING ,Arthur’s first choice, Conkling declined to serve. Arthur’s second choice, Senator George F. Edmunds, of Vermont, also turned down the honor. Known as a hardworking and capable lawyer and judge, Blatchford accepted the nomi- nation and was easily confirmed. In 1890 Blatchford wrote Chicago, Milwau- kee, an opinion that shielded business from public regulation. The Court ruled that the reasonableness of railroad rates could not be decided by an independent commission estab- lished by the Minnesota Legislature. The state law establishing the commission was ruled unconstitutional because it did not allow for court review and therefore violated the railway’s right to due process. Two years later, in Budd, Blatchford changed course and the Court held that the state legislature could determine business rates affecting the PUBLIC INTEREST. The inconsistency between the two cases produced widespread criticism. Blatchford wrote one significant civil liber- ties opinion, Counselman v. Hitchcock, 142 U.S. 547, 12 S. Ct. 195, 35 L. Ed. 1110 (1892), a case that strengthened the constitutional right against SELF-INCRIMINATION. Blatchford held that under the FIFTH AMENDMENT of the U.S. Constitution, a witness could not be ordered to testify unless the state promised never to use the information against her or him. Blatchford died in 1893 in Newport, Rhode Island, at age 73. FURTHER READINGS Congressional Quarterly. 2004. Guide to the U.S. Supreme Court. 4th ed. Washington, D.C.: Congressional Quarterly. Frank, John P., Leon Friedman, and Fred Israel, ed. 1995. The Justices of the United States Supreme Court: Their Lives and Major Opinions. New York: Chelsea House. Friedman, Leon, and Fred L. Israel, eds. 1995. The Justices of the United States Supreme Court: Their Lives and Major Opinions, Volumes I–V. New York: Chelsea House. BLOCK A segment of a town or city surrounded by streets and avenues on at least three sides and usually occupied by buildings, thoug h it may be composed solely of vacant lots. The section of a city enclosed by streets that is described by a map which indicates how a portion of land will be subdivided. BLOCKADE See NEUTRALITY. BLOCKBUSTING The practice of illegally frightening homeowners by telling them that people who are members of a particular race, religion, or national origin are moving into their neighborhood and that they should expect a decline in the value of their property. The purpose of this scheme is to get the homeowners to sell out at a deflated price. An unscrupulous REAL ESTATE age nt will subsequently sell the vacated homes to minority group members at an inflated price, thereby obtaining a large profit. Fair access to housing is defeated by blockbusting. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BLOCKBUSTING 65 BLOOD FEUD Avenging the wrongful death of a person’skinby killing the murderer or by receiving compensation from the murderer’s possessions. During the Middle Ages all European nations had similar customs concerning the MURDER of their inhabitants. The closest next of kin to a person who had wrongfully died at the hands of another had the primary duty to retaliate against the killer. This obligation was subject to certain laws and customs concerning the type of permissible vengeance, the amount of compensation that could be exacted, the location at which the compensation was to be made, and the circumstances in which compen- sation was not required. For example, a blood feud was not sanctioned if the person killed was a conv icted thief or if the person who did the killing did so to defend his lord or a close female family member. The idea of the imprisonment of a person who had commi tted a HOMICIDE was unknown during this period of history. There is dispute over whether the blood feud was legal under Teutonic or Anglo-Saxon law. During the ninth-century reign of Alfred, a feud could lawfully commence only after an attempt was made to exact the price of a life. The price, called weregild, also applied when other atroc- ious personal offenses were committed and was paid partly to the monarch for the loss of a subject, partly to the lord for the loss of a vassal, and partly to the next of kin of the injured person. In Anglo- Saxon law, the amount of compensation, called angylde, was fixed at law and varied with the status of the person killed. The Catholic Church exerted much influ- ence to have a death aveng ed through the payment of compensation, not further violence, but the blood feud continued throughout England until after the Norman Conquest (1066). BLOTTER A written record of arrests and other occurrences maintained by the police. The report kept by the police when a suspect is booked, which involves the written recor ding of facts about the person’s arrest and the charges against him or her. “Devil Anse” Hatfield (seated, center), pictured with members of his family. The Hatfield- McCoy feud, which lasted almost 30 years, is perhaps the most infamous example of a blood feud. BETTMANN/CORBIS. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 66 BLOOD FEUD BLUE BOOK A publication that establishes the correct form of case citations or of references to a legal authority showing where information can be found. A volume that explains the organization of a state government and provides the names of state officials. The proper title is “The Bluebook: A Uniform System of Citation.” In a generic sense, this term also refers to a report issued by the Joint Committee on Taxation regarding recent tax legislation. The Blue Book is published by the Harvard LAW REVIEW Association in conjunction with law review journals in Yale University, Columbia University, and the University of Pennsylvania. It has been the preeminent authority on prop er citation form for more than 70 years. CROSS REFERENCE Citation. BLUE LAWS A state or local law that prohi bits commercial activities on Sunday. Blue laws have been part of U.S. LEGAL HISTORY since the colonial period. These laws, which today are usually referred to as Sunday closing laws, prohibit certain types of commer- cial activity on Sundays. Originally these laws were directed at personal activities regarded as moral offenses, such as gambling or the consumption of alcohol. In the nineteenth century, however, state and local governments passed laws that forbade businesses from operating on Sunday. Although these laws were clearly based on Christian beliefs, the U.S. Supreme Court has ruled that they do not violate the First Amendment’s Establishment Clause. Many blu e laws have been repealed since the 1960s, but some laws that ban the sale of alcohol on Sunday remain in force. In 1781 the Reverend Samuel Peters pub- lished A General History of Connecticut, in which he used the term blue laws to refer to a set of laws that the Puritans had enacted in the 1600s to control morality. He claimed that the laws were printed on blue paper, hence the termi- nology. Historians, however, have concluded that this claim was false, as were many of the laws he purported to have discovered. Some have speculated that the use of the word blue came from a connotation that suggested a rigidly moral position, akin to the term bluenose that refers to a prudish, moralistic person. The decline of Puritanism and religious- based governments in the 1700s signaled a decline in laws that banned personal activities on Sunday. Many states and towns, however, passed laws to forbid merchants and laborers from working on Sunday. These laws were not based on concerns that workers deserved a day of rest. Instead, they were meant to respect the Christian Sabbath. In the nineteenth century the enactment of these laws proceeded west with the expansion of the United States. By the late 1850s the courts had been called upon to analyze the effect of blue laws on liability issues. For example, in Philadelphia, Wilmington, and Baltimore Railroad Co. v. Philadelphia and Havre de Grace Steam Towboat Co., 64 U.S. (23 How.) 209 (1859), the U.S. Supreme Court held that a railroad that left debris in the water is not excused for damage to a commercial boat that sailed on Sunday. The Court reasoned that boats are works of necessity that are not bound by Sunday closing laws. The rise of the TEMPERANCE MOVEMENT after the CIVIL WAR led to the passage of many blue laws that forbade the sale of liquor on Sunday, whether in a bar or in a retail store. These prohibitions sometimes banned the sale of tobacco products and by the late nineteenth century, certain public entertainments were not allowed on Sunday. After the failure of Prohibition and the legalization of alcoholic beverages in 1933, many states and localities used their blue laws to prevent the operation of liquor stores and bars on Sunday. Between 1859 and 1900 the Supreme Court heard eight cases involving blue laws. In Soon Hing v. Crowley, 113 U.S. 703, 5 S. Ct. 730. 28 L.Ed. 1145 (1885), the Court upheld a law that barred physical labor on Sunday. The Court concluded that the law was intended to prevent undue physical labor rather than promote RELIGION. This was the first decision that examined whether a Sunday closing law was based on religious grounds. Other decisions during this period found the court validating jury verdicts made on Sunday and determining that the operation of a barber shop on Sunday was not a “work of necessity” that exempted the shop from a blue law. During the early twentieth century many blue laws were amend ed to permit exemptions. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BLUE LAWS 67 . bearer paper. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BLANK ENDORSEMENT 63 BLASPHEMY The malicious or wanton reproach of God, either written or oral. In English law, the offense of speaking. Professor of English Law at Oxford ▼▼ ▼▼ 1 725 1700 1750 1775 1800 IT IS BETTER THAT TEN GUILTY PERSONS ESCAPE THAN ONE INNOCENT SUFFER . —SIR WILLIAM BLACKSTONE GALE ENCYCLOPEDIA OF AMERICAN LAW, . Va. ◆ ◆ ◆ ◆ ▼▼ ▼▼ 18001800 17751775 17501750 1 725 1 725 BEING CALLED UPON FOR AN ACCOUNT OF WHAT MONEY I MAY HAVE IN HAND BELONGING TO HIS MAJESTY,IHAVE ONLY TO SAY THAT I HAVE NOT ANY. —JOHN BLAIR JR. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD