Gale Encyclopedia Of American Law 3Rd Edition Volume 2 P16 doc

In order to determine whether an individual is acting as a broker in a transaction, the type of services that are performed must be examined. Types of Brokers There are several kinds of brokers, each of whom deals in specific types of transactions. A bill-and-note broker negotiates the buying and selling of bills of exchange and promissory notes. A commercial or merchandise broker is an individual who works with buyers and sellers by negotiating between them in the buying and selling of goods, without having personal custody of the property. This broker offers services on a commission basis to manufac- turers as a sales representative for their product. Such a broker has no control or possession of the product that is sent directly to the buyer; the broker merely acts as a middleperson in all transactions. An insurance broker acts as an intermediary between the insurer and the insured and is distinguishable from an insurance agent. While an insurance agent is employed by, and represents, a particular insurance company, an insurance broker is a representative of the insured only. An insurance agent is bound by company rules and responsibilities, whereas an insurance broker’s only duty is to aid a client. This kind of broker owes no obligation to any company. REAL ESTATE brokers or agents are hired to transact the buying and selling, LEASE, or rental of real property on a commission basis. They can also be involved with the purchase and sale of lands and the acquisition of mortgages for others. They may also counsel and advise people who wish to buy or sell real estate. Stockbrokers buy and sell shares in corpora- tions and deal in corporation stock and in other securities. A stockbroker’s functions are gener- ally broader than those of other brokers. As more than a mere negotiator, a stockbroker makes a purchase in his or her own name and ordinarily pays the purchase price. A stockbro- ker is often responsible for the possession of the securities with which he or she deals. Converse- ly, an ordinary broker neither has title to, nor possession of, property that is being purchased or sold. As stockbrokers serve in a greater capacity, their responsibilities also extend be- yond those of ordinary brokers. Regulation and Conduct of Business The business or occupation of a broker may be regulated by the state under its POLICE POWER.A MUNICIPAL CORPORATION has the power to regulate brokers who function within its boundaries if authority to do so is granted by the state. In order for brokers to engage in business, they are generally required to acquire a license and pay a fee. Brokers who conduct business without a license can be fined by state licensing authorities. In some states, it is illegal for any person other than a licensed broker to be paid for services concerning real estate transactions. Laws exist that impose a license tax on brokers. Within the meaning of such laws, any individual who regularly works as a middleper- son or negotiates business transactions for the A broker, such as this man buying and selling stocks on the New York Stock Exchange trading floor, acts as an intermediary in the contracting of any type of bargain. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 138 BROKER benefit of others is ordinarily considered a broker. It has been held by a federal court that a statute requiring brokers to obtain a license was only applicable to those people regularly employed as brokers. An individual only casually involved in brokerage through the arrangement of only a few sales would not be consid ered to be engaged in the business of brokerage. Revocation of License The state’s concerns regarding brokers extend beyond initial licens- ing to the establishment of conditions for the maintenance of a license. The state may provide for the revocation or suspension of brokers’ licenses for reasonable grounds. The power to revoke a license may be vested in a specially designated commission that exists primarily to hear complaints about the FRAUDU- LENT practices of brokers. Such proceedings are ordinarily informal, and technical court rules generally are not observed. During a hearing, the commission is pre- sented with evidence relating to the broker’s con- duct and must consider whether such conduct warrants denial of the privilege to engage freely in business. Grounds for revocation of a license are generally based upon FRAUD, dishonesty, incom- petence, or BAD FAITH in dealing with the public. A real estate broker’s license may be revoked or suspended because of MISREPRESENTATION used to effect a purchase or sale. Generally, the conduct of a broker in negotiating a real estate transac- tion on behalf of his or her principal is subject to strict fraud and deceit standards, equal to those imposed on his or her principal. It has been held by some courts that the failure of a broker to disclose material facts within his or her kno wledge will create LIABILITY. Within the meaning of fraud is the pretense of knowledge on the part of the broker while executing a real estate transaction where no knowledge actually exists—for example, while selling a house a broker states that there are no concealed defects in the house, although he or she does not actually know if such defects exist. A real estate broker’s license may be suspended or revoked if duties are performed unlawfully. The U.S. home real estate bubble that broke in 2007 revealed that unscrupulous MORTGAGE brokers throughout the United States had created sham transactions or had encour- aged people to apply for mortgages they could not afford. State and federal authorities have prosecuted a number of brokers for their unlawful actions, and some states have tight- ened regulations for brokers. In addition, a broker’s license can be revoked or suspended if a broker is guilty of racial discrimination in the selling and leasing of property. Stockbrokers may be liable for various unethical activities, such as CHURNING, which is the unnecessary trading of stocks to gain additional commissions. A CONSUMER PROTECTION organization, the Securities Investor Protection Corporation (SIPC), was established by Con- gress to aid customers of securities concerns that go out of business. Bonds State regulations usually require that brokers, especially those engaged in the real estate business, deliver a bond to insure faithful performance of their duties. The liability of the SURETY guaranteeing such a bond extends only to transactions that arise during the normal course of the broker’s business and that are intended to be included in the bond. Commissions A broker is ordinarily compen- sated for services by the payment of a commis- sion, based upon a portion of the value of the property in a particular transaction. Generally, a commission is earned when negotiations between a buyer and seller are completed, and an agreement is reached. It is customary for a broker to deduct and reserve the amount of commission from funds obtained by him or her for a client. The ordinary basis for the calculation of a percentage commission is the total sale price of whatever is sold. In order for a broker to be entitled to a commission, a sale must be completed for which the broker has been employed. The broker’s right to a commission is not dependent upon the finalization of the transaction unless otherwise agreed upon by the broker and by his or her client. The compensation of a broker is based upon procurement of a client who is willing and able to purchase. The sp ecific terms of the transac- tion must be satisfactory to the broker’s client. Of paramount importance is the prospective buyer’s ability to provide the required funds at the suitable time. A broker who has properly performed his or her duties should not be denied a commission due to a failure by the parties to consummate the deal. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BROKER 139 In the absence of any agreement to be employed by a client, a broker is not to be compensated for voluntary services. Similarly, compensation is not due a broker when a sale is made by an owner after the broker-client relationship has been terminated. A common type of termination is the expiration of a real estate listing. This rule against the payment of a commission is absolute—regardless of whether the sale is made to an individual whom the broker initially produced—provided the broker was given ample opportunity to complete the transaction and failed to do so. Once a broker has earned his or her commission, a client may not terminate the relationship and complete the transaction himself or herself in order to avoid paying the broker. Any fraudulent misrepresentations or evi- dence of bad faith on the part of the broker will defeat his or her right to a commission. Mere NEGLIGENCE in the execution of duties, in the absence of bad faith, does not automatically defeat a broker’s right to compensation. FURTHER READINGS Hazen, Thomas Lee. 2003. Broker-Dealer Regulation in a Nutshell. St. Paul, Minn.: West. Waller, Mark L. 1999. Selecting and Working with a Broker. College Station: Texas Agricultural Extension Center. CROSS REFERENCES Contracts; Fraud; Insured; Insurer; License; Principal; Securities. BROOKINGS INSTITUTION Founded in 1927, the Brookings Institution is a nonpartisan (generally ideologically centrist) organization dedicated to research, education, and publication in the fields of economics, foreign policy, and government. It states as its principal purposes: “to aid in the deve lopment of sound public policies and to promote public understanding of issues of national importance.” The Brookings Institution is one of the oldest think tanks in Washington, D.C. Its main purpose is to conduct research into areas that can affect and be affected by PUBLIC POLICY. Brookings maintains a 55,000-volume library that is organiz ed into the following divisions: Advanced Study, Economic Studies, Foreign Policy Studies, Governmental Studies (which includes some legal studies), Foreign Policy Studies, Governmental Studies, Publications, and a Social Science Computation Center. The institution publishes the Brookings Bulletin (quarterly), the Brookings Papers on Economic Activity (twice a year), and an Annual Report. It also publishes its extensive research in books and reprints. v BROUGHAM, HENRY PETER Henry Peter Brougham, also kno wn as Baron Brougham and Vaux, achieved prominence as a lawyer and statesman. Brougham was born September 18, 1778, in Edinburgh, Scotland. In 1802 Brougham was instrumental in the creation of the publication the Edinburgh Review. He subse- quently relocated to London and was admitted to the English bar in 1808. He became a member of Parliament in 1810, where he voiced his opposition to SLAVERY and trade restrictions. Brougham gained fame in 1820 as chief attorney for Queen Caroline, also known as Henry Peter Brougham 1778–1868 ❖ ◆ ◆ ◆◆ ◆ ◆◆ 1778 Born, Edinburgh, Scotland 1775–83 American Revolution 1802 Helped create the Edinburgh Review 1808 Admitted to English bar 1820 Served as chief attorney for Queen Caroline 1810 Became a member of Parliament 1825 Helped establish the Society for the Diffusion of Useful Knowledge 1828 Helped found the University of London 1830 Received great seal, elevated to peerage as Baron Brougham and Vaux 1830–34 Served as lord chancellor 1860 Became chancellor of Edinburgh University 1861–65 U.S. Civil War 1868 Died, Cannes, France 1871 Life and Times of Lord Brougham, an autobiography, published posthumously ❖ ◆ ◆ ▼▼ ▼▼ 18001800 17751775 1825 1825 18501850 18751875 ALTHOUGH THE PEOPLE MUST BE THE SOURCE OF THEIR OWN IMPROVEMENT , THEY MAY BE AIDED IN THEIR EFFORTS TO INSTRUCT THEMSELVES . —HENRY BROUGHAM GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 140 BROOKINGS INSTITUTION Caroline of Brunswick. Caroline had married George, Prince of Wales, in 1795, and after giving birth to a daughter, they separated, and Caroline lived alone. In 1806, she was accused of giving birth to an illegitimate child, but was found innocent by an inquiry commission. George became king in 1820, and Caroline demanded her place as his queen. Caroline was sued for DIVORCE on grounds of ADULTERY, and the case was taken to the House of Lords; Brougham served as her attorney, and the charges were eventually dropped. A leader in the field of educational reform, Brougham participated in the establishment of the Society for the Diffusi on of Useful Knowl- edge in 1825, and of the University of London in 1828. From 1830 to 1834, Brougham served as Lord Chancellor and drafted numerous legal reforms and helped to institute the central criminal court. He died May 7, 1868, in Cannes, France. v BROWN, ADDISON Addison Brown gained prominence as a JURIST, botanist, and author. He was born February 21, 1830, in West Newbury, Massachusetts. In 1855, Brown was admitted to the New York bar. From 1881 to 1901, he performed the duties of district judge for the Southern District of New York. A respected name in the field of botany, Brown acted as one of the founders of the New York Botanical Garden in 1891. From 1896 to 1898, Brown co-authored three volumes of botanical research with Nathaniel L. Britton. The series was titled Illustrated Flora of the Northern United States, Canada and the British Possessions. Brown died April 9, 1913, in New York City. v BROWN, HENRY BILLINGS Henry Billings Brown was an associate justice of the Supreme Court from 1890 to 1906. Born to a wealthy family on March 2, 1836, at South Lee, Massachusetts, Brown attended private schools as a child. His father, a pros- perous merchant and manufacturer, saw to it that Brown attended Yale University, where he graduated in 1856. After graduation, Brown traveled in Europe for a year, then returned to study law at Yale and Harvard. In 1859 he moved to Detroit and in 1860 he was admitted to the Wayne County bar in Michigan. Henry Peter Brougham. LIBRARY OF CONGRESS Addison Brown 1830–1913 ❖ ❖ 1830 Born, West Newbury, Mass. 1855 Admitted to New York bar ◆ 1861–65 U.S. Civil War 1881 Appointed by President Garfield to district judgeship for the Southern District of New York ◆◆◆◆ 1891 Helped found the New York Botanical Garden 1901 Retired from bench 1898 Illustrated Flora of the Northern United States, Canada, and the British Possessions published 1913 Died, New York City 1914–18 World War I ▼▼ ▼▼ 18251825 18751875 19001900 19251925 18501850 THE UNDERLYING FALLACY OF THE PLAINTIFF ’S ARGUMENT [RESTS] IN THE ASSUMPTION THAT THE ENFORCED SEPARATION OF THE TWO RACES STAMPS THE COLORED RACE WITH A BADGE OF INFERIORITY . —HENRY BROWN GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BROWN, HENRY BILLINGS 141 Brown was appointed deputy U.S. marshal in 1861. Detroit at that time was a bustling Great Lakes port, and he became involved in the many commercial and maritime legal disputes that arose. Two years later, he was named assistant U.S. attorney for the Eastern District of Michigan. He held this post until May 1868 when he was appointed to fill a short-term vacancy on the Wayne County CIRCUIT COURT. Recognized as the leading authority on admiralty law and maritime law, Brown lec- tured on the subjects at the University of Michigan Law School, and compiled and published Brown’s Admiralty Reports. In 1890 President Benjamin H. Harrison appointed him to the U.S. Supreme Court. As a Court member, Brown gained a reputation as a moderate but was a staunch defender of property rights. He was reluctant to extend constitutional protec- tion in CRIMINAL PROCEDURE and civil liberties disputes, and concurred with the majority in LOCHNER V. NEW YORK, 198 U.S. 45, 25 S. Ct. 539, 49 L. Ed. 937 (1905), which struck down a statute calling for maximum work hours for bakers. Lochner w as consistent with Brown’s unwillingness to allow governmental interfer- ence with contractual freedom. Brown also concurred in the so-called Insular cases, which held that residents of U.S. territories such as Puerto Rico are not entitled to constitutional protections. However, he departed somewhat from his usual strict adher- ence to judicial precedence when he voted to uphold the federal INCOME TAX in POLLOCK V. FARMERS’ LOAN & TRUST CO., 158 U.S. 601, 15 S. Ct. 912, 39 L. Ed. 1108 (1895). Brown is perhaps best remembered as the author of the Court’s opinion in PLESSY V. FERGUSON, 163 U.S. 537, 16 S. Ct. 1138, 41 L. Ed. 256, the 1896 decision upholding state- mandated racial SEGREGATION in railway cars as long as the accommodations were equal. The “separate-but-equal ” doctrine pronounced in Plessy became the constitutional foundation for JIM CROW LAWS and racial discrimination, particularly in the South. Later opinion con- demned the Plessy decision, and indeed Brown Henry Billings Brown. LIBRARY OF CONGRESS ▼▼ ▼▼ 1850 Henry Billings Brown 1836–1913 1825 1875 1900 1925 ❖❖ ◆ ◆◆◆◆ ◆ ◆ 1836 Born, South Lee, Mass. 1856 Graduated from Yale University 1861–65 U.S. Civil War 1863–68 Served as assistant U.S. attorney for the Eastern District of Michigan 1875 Brown's Admiralty Reports published 1870 Fifteenth Amendment ratified, gave male U.S. citizens of all races the right to vote 1890 Nominated to U.S. Supreme Court by President Harrison 1896 Authored the Court's opinion in Plessy v. Ferguson 1906 Retired from the Court 1913 Died, New York City 1920 Nineteenth Amendment ratified, gave women the right to vote 1914–18 World War I GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 142 BROWN, HENRY BILLINGS has often been criticized for his role in it; however, the decision must be viewed in the historical context in which it was written. Also, the language in Plessy, requiring equality of treatment, later became the basis of legal challenges to segregation laws. Failing eyesight forced Brown to retire from the bench in 1906. He died in 1913. FURTHER READINGS Hall, Kermit L. 2005. Oxford Companion to the Supreme Court of the United States. 2d ed. New York: Oxford Univ. Press. “Henry Billings Brown (1836–1913).” History of the Sixth Circuit. Available online at http://www.ca6.uscourts. gov/lib_hist/Courts/supreme/judges/brown/hbb-bio. html; website home page: http://www.ca6.uscourts.gov (accessed Augsut 27, 2009). Schwartz, Bernard. 1995. A History of the Supreme Court. 2d ed. New York: Oxford Univ. Press. CROSS REFERENCES Labor Law; Brown v. Board of Education of Topeka, Kansas; Equal Protection. v BROWN, JOHN JOHN BROWN was a charismatic, stubborn aboli- tionist who failed at numerous business and commercial enterprises, yet succeeded in con- vincing men to join him in a cause for which they were willing to die. His abolitionist beliefs translated into violent actions in Kansas and Harpers FERRY, Virginia. Convicted of MURDER and TREASON for his raid on military facilities at Harpers Ferry, Brown was hanged for his crimes. Nevertheless, he galvanized the abolitionist cause, becoming a martyr in the fight against SLAVERY. Brown was born in Torrington, Connecti- cut, on May 9, 1800, to Owen and Ruth Brown. His father, a strict Calvinist, despised slavery. When Brown was five years old, the family moved to Hudson, Ohio, a locale that was steeped in anti-slavery sentiment. Brown’s fervor for the anti-slavery movement never waned and grew more vehement as he got older. In 1820 Brown married Dianthe Lusk, and six years later they moved to Pennsylvania where he started a tannery. Lusk died in 1832, leaving Brown with five children. In 1833 he John Brown. NATIONAL ARCHIVES AND RECORDS ADMINIS- TRATION John Brown 1800–1859 ▼▼ ▼▼ 18001800 18751875 18501850 18251825 ❖ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ❖ ◆ ◆ ◆ 1800 Born, Torrington, Conn. 1820 Married Dianthe Lusk and moved to Pennsylvania 1820 Missouri Compromise enacted, limiting slavery 1842 Filed for bankruptcy after failed business ventures 1848 Free Soil Party founded opposing slavery in territories 1847 Met Abolitionist leader Frederick Douglass 1849 Moved to North Elba, New York; participated in Underground Railroad 1854 Kansas- Nebraska Act passed 1861–65 U.S. Civil War 1865 Thirteenth Amendment abolished slavery 1857 Supreme Court issues Dred Scott decision; Missouri Compromise unconstitutional 1855 Moved to "Bleeding Kansas"; commits acts of violence against pro-slavery settlers 1859 October 16 raid against federal armory in Harpers Ferry, Virginia; convicted of murder, conspiracy and treason; died on December 2 1858 Freed 11 slaves and brought them to Canada 1857–59 Lectured to anti-slavery groups in New England I BELIEVE TO HAVE INTERFERED AS I HAVE DONE IN BEHALF OF HIS DESPISED POOR , WAS NOT WRONG , BUT RIGHT .NOW, IF IT BE DEEMED NECESSARY THAT I SHOULD FORFEIT MY LIFE FOR THE FURTHERANCE OF THE ENDS OF JUSTICE I SUBMIT: SO LET IT BE DONE —JOHN BROWN GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BROWN, JOHN 143 married 16-year-old Mary Ann Day who bore him seven more children. Brown and his growing fam ily moved around the country while he tried his hand at a number of occupations, including tanner, farmer, cattle broker, and wool merchant. In 1835 Brown’s attempts to support his family and to repay money he had borrowed led to a disastrous “get rich quick” scheme. He convinced family members and friends to loan him money that he used to buy property where a canal was to be built. His timing proved unfortunate. In the wake of the Panic of 1837, plans for the proposed canal were changed and the properties bought up by Brown and his associates were rendered nearly wor thless. Brown made numerous other attempts to reach financial SOLVENCY, but ultimately was forced to declare BANKRUPTCY in 1842. Throughout his life Brown remained com- mitted to the anti-slavery cause. Brown met the great abolitionist leader FREDERICK DOUGLASS in 1847 and impressed Douglass with his sympathy for African Americans—both slaves and free- men. In 1849, Brown moved his family to the black community of North Elba, New York. Brown proposed to show the residents of North Elba how to farm and to act as a mentor to them. Brown was a participant in the Underground Railroad, an informal network of ex-slaves and sympathetic whites that helped slaves escape their masters and travel north to freedom. In 1851, he proposed the establishment of the League of Gileadites, an organization that would be used to protect escaped slaves. In 1854 Congress passed the KANSAS- NEBRASKA ACT, which called for the residents of the new territories to decide the issue of slavery by popular vote. The area became known as “bloody Kansas” as competing groups fought violent skirmishes aimed at securing the territories for their side. Many pro-slavery residents of Missouri moved across the border in hopes of securing a victory at the election. Five of Brown’s sons had moved to Kansas and they entreated their father to join them. In 1855 Brown moved to Kansas and began to plan for the armed conflict he felt was inevitable. In 1856, in response to escalating incidents includ- ing the sacking of the anti-slaver y town of Lawrence, Kansas, and the near-fatal beating of U.S. Senator CHARLES SUMNER who was attacked on the Senate floor by a pro-slavery congressman, Brown led a small band of men to Pottawatomie Creek, Kansas, where they killed five pro-slavery settlers. This violent action by Brown was hailed by a number of anti-slavery groups and universally reviled by pro-slavery forces. In December 1858 Brown and a small group of followers staged a raid on two pro-slavery homesteads in Missouri where they succeeded in confiscating property and freeing 11 slaves. Brown and his group then traveled more than a thousand miles to deliver the former slaves to a boat that would carry them to freedom in Canada. Although many abolitionists were opposed to violence, others had begun to adopt Brown’s view that armed conflict was necessary in order to achieve the ABOLITION of slavery. Between 1857 and 1859, Brown crisscrossed New England, giving rousing speeches to anti-slavery groups and raising money for the abolitionist cause. Among those who gave money were the Secret Six, a group of wealthy benefactors from Boston who helped Brown by funding the army he sought to lead in order to further conduct his war against slavery. On October 16, 1859, the 59-year-old Brown led his Provisional Army, consisting of five black men and 21 whites (three of them his sons) in a nighttime raid on the town of Harpers Ferry, Virginia. Brown and his men cut telegraph wires, took several HOSTAGES and gained control of the federal armory and arsenal. Brown’s plan was to arm slaves with WEAPONS from the arsenal, thus enabling them to fight for their freedom. Howeve r, he and his group found themselves pinned down by a group of local citizens and nearby MILITIA groups who killed a number of his men including two of his sons. On the morning of October 18, a contingent of U.S. marines led by Colonel Robert E. Lee joined the battle. Brown refused a chance to surrender and 36 hours after the raid had started, Brown and his remaining companions were captured. Brown was taken to Charles Town, Virginia, (now West Virginia) to be tried. In a trial that lasted for nearly a month, Brown was charged with murder, CONSPIRACY, and treason against the state. He was found guilty of all three charges. Before hearing his sentence, Brown gave a brief but passionate statement to the court: GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 144 BROWN, JOHN I believe to have interfered as I have done in behalf of His despised poor, was not wrong, but right. Now, if it be deemed necessary that I should forfeit my life to the furtherance of the ends of justice, and mingle my blood further with the blood of my children, and with the blood of millions in this slave country whose rights are disre- garded by wicked, cruel, and unjust enact- ments, I submit: so let it be done. Brown was hanged in Charles Town on December 2, 1859. On the day of his execution, guns were fired and bells tolled in many northern cities. Brown w as hailed as a martyr of the abolitionist movement, which concluded that a peaceful solution could not be found. In April 1861 Confederate forces fired on Fort Sumter, an action that marked the beginning of the Civ il War. In 1865 Congress passed the THIRTEENTH AMENDMENT, which abolished slavery throughout the United States. FURTHER READINGS DeVillers, David. 2000. The John Brown Slavery Revolt Trial: A Headline Court Case. Berkeley Heights, NJ: Enslow. “John Brown’s Holy War.” PBS: The American Experience. Available online at http://www.pbs.org/wgbh/amex/ brown/index.html; website home page: http://www .pbs.org (accessed July 9, 2009). Lubet, Steven. 2001. “John Brown’s Trial.” Alabama Law Review 52 (winter). Oates, Stephen B. 1984. To Purge This Land with Blood. Amherst: Univ. of Massachusetts Press. Peterson, Merrill D. 2002. John Brown: The Legend Revisited. Charlottesville: Univ. of Virginia Press. CROSS REFERENCE Abolition. v BROWN, JOSEPH EMERSON Joseph Emerson Brown was born April 15, 1821, in Pickens District, South Carolina. He was a graduate of the Yale Law School class of 1846, and was admitted to the Georgia bar. In 1849 Brown entered politics and served in the Georgia Senate. In 1852 he was a presidential elector and in 1855 he served as a circuit judge. Brown became governor of Georgia in 1857 and, for the next eight years, voiced his opposi- tion to Jefferson Davis, president of the CONFED- ERACY , concerning involuntary service in the ARMED SERVICES and the elimination of the WRIT of HABEAS CORPUS. He was a strong supporter of states’ rights and often spoke out against the authority of a centralized government. In 1865 he was imprisoned but was released by President ANDREW JOHNSON shortly afterwards. From 1868 to 1870 Brown again served in the judiciary, presiding as chief justice of the Georgia Supreme Court. Joseph Emerson Brown. GETTY IMAGES ▼▼ ▼▼ 18251825 Joseph Emerson Brown 1821–1894 18001800 18501850 18751875 19001900 ❖ ❖ ◆ ◆ ◆ ◆ ◆ ◆ ◆ 1894 Died, Atlanta, Georgia 1880–91 Represented Georgia in the U.S. Senate 1868–70 Served as chief justice of the Georgia Supreme Court 1865 Civil War ended; briefly imprisoned along with most of Southern leadership 1861 Civil War began; Jefferson Davis became president of Confederacy 1855 Became circuit judge 1846 Graduated from Yale Law School 1848 Elected to Georgia state Senate 1852 Served as presidential elector 1856 Elected Governor of Georgia; became staunch states' rights advocate 1821 Born, Pickens District, S.C. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BROWN, JOSEPH EMERSON 145 Brown entered federal government service in 1880, repr esenting Georgia in the U.S. Senate for an eleven-year period, retiring in 1891. He died November 30, 1894, in Atlanta. v BROWN, RONALD HARMON The career of RONALD HARMON BROWN is a portrait of a consummate Washington, D.C., insider. As an African American attorney, Brown broke several color barriers during his rapid rise in politics from the 1970s to the early 1990s. He first entered the public eye as a CIVIL RIGHTS leader for the NATIONAL URBAN LEAGUE. Soon his reputation for persuasiveness and ingenuity led to a variety of assignments: political strategist to Senator EDWARD M. KENNEDY (D-Mass.) and JESS E JACKSON, chief counsel of the U.S. SENATE JUDICIARY COMMITTEE , and lobbyist for foreign governments. In the 1980s Brown became the first black chairman of the Democratic National Commit- tee (DNC). He steered the DEMOCRATIC PARTY toward a more centrist position, thus helping prepare the way for President Bill Clinton’s election in 1992. Clinton picked him to head the DEPARTMENT OF COMMERCE.AlthoughBrownhad some notable successes in reviving the lifeless BUREAUCRACY, allegations of corruption damaged his tenure. Born on August 1, 1941, in Washington, D.C., Brown was raised in the company of successful role models. His parents, William Brown and Gloria Brown-Carter, were both graduates of Howard University, and they moved the family to Harlem, where William managed the Hotel Theresa. Brown grew up in the hotel, surrounded by famous black enter- tainers and celebrities: it was a stopover for them after playing Harlem’s Apollo Theater. As a young man, he attended Middlebury College, where he was the school’s first black fraternity pledge. He married Alma Arrington in 1962, and then served in the Army from 1963 to 1967, attaining the rank of captain. Leaving the service, he joined the National Urban League as a WELFARE caseworker. Brown did not toil in the trenches for long. His skill at negotiation stood out, and, after adding a law degree from St. John’s University, he became the Ronald Harmon Brown 1941–1996 ▼▼ ▼▼ 19251925 20002000 19751975 19501950 ❖ ❖ 1939–45 World War II 1941 Born, Washington, D.C. 1950–53 Korean War ◆ 1961–73 Vietnam War 1962 Graduated from Middlebury College 1963–67 Served in U.S Army 1968–79 Served as counsel, later on the executive committee of National Urban League 1979–80 Served as deputy campaign manager of Senator Ted Kennedy's presidential campaign 1981–88 Served as chief counsel on Democratic National Committee ◆ 1988 Ran Jesse Jackson's presidential campaign 1989–92 Became first African- American chairman of the Democratic National Committee ◆ 1993 Appointed secretary of the Department of Commerce 1996 Died, Dubrovnik, Croatia Ron Brown. LIBRARY OF CONGRESS WE’RE COMPETING EVERYWHERE FOR CONTRACTS BECAUSE THAT MEANS JOBS AND A STRONG ECONOMY , AND WE INTEND TO WIN . —RONALD BROWN GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 146 BROWN, RONALD HARMON organization’s Washington, D.C., vice president and assumed the role of spokesman. The give-and-take of politics suited Brown. “What I love most,” he said, “is changing minds.” In 1979 Brown’s association with the Democratic party got a boost when Senator Kennedy named Brown his deputy campaign manager in an unsuccessful run at the presidency. The job marked the beginning of a stellar ascent through party politics. Kennedy chose Brown as chief counsel of the Senate Judiciary Committee—and that position led to a stint as chief counsel of the DNC, the party’s steering council. By the mid- 1980s, Brown was an insider, well-known and highly regarded in the nation’scapital. Politics offers alluring choices to its best- connected practitioners, liberal and conserva- tive, and Brown’s next career move was perfectly in step with the ethos of Washington, D.C. Brown became a lobbyist. He joined the Washington, D.C., firm of Patton, Boggs, and Blow, known for its high-profile clients. The attorney had no shortage of these: the busi- nesses he represented included the financial giant American Express and twenty-one differ- ent Japanese electronics firms. Yet what gained him notoriety was his represent ation of foreign nations. He worked fo r the interests of Zaire, Guatemala, and Haiti, and the last two affilia- tions, in particular, hurt him. While he lobbied on behalf of Haitian strongman Jean-Claude (“Baby Doc”) Duvalier, Haitian citizens suffered political repression and saw their national treasury pillaged. Guatemalans were tortured and murdered. Later, when Brown prepared to assume the high position of secretary of COMMERCE, critics would be quick to recall that he had supported dictators. Democrats wanted Brown back, and he left LOBBYING to become chairman of the DNC. The job demanded much: Democrats, after all, had failed to capture the White House since 1976. He had to unify a party that had lost three consecutive presidential elections, seen massive defections of its traditional voters, and suffered from an identity crisis that split its moderate and left-wing members. He also had to soothe fears that he was too closely allied with one of the party’s most liberal leaders, Jesse Jackson. “My chairmanship won’t be about race,” he told critics. “It will be about the races we win over the next four years.” As it happened, Brown was everything the ailing party hoped for. He helped orchestrate a shift to the center in the Demo- crats’ national agenda—aba ndoning traditional bullishness on TAXATION and welfare, for in- stance, and asserting a pro-business outlook— which paved the way for the centrist candidacy of Clinton. And as a party boss, he was decisive. Once Clinton emerged as the front-runner, Brown curtailed the primary process; he even secured Jackson’s endorsement. “This party was ready,” Mickey Kantor, Clinton’s campaign manager, said after the elect ion, “and it was because of Ron Brown the best chairman we’ve ever had.” As a reward, Clinton nominated Brown for the CABINET role of secretary of the Department of Commerce. Originally conceived as a regula- tory agency, Commerce had seen better days; by the 1990s both liberal and conservative critics considered it to be an ineffective bureaucracy tied up in red tape. Despite his credentials and the reform-minded talk of the Clinton administration, Brown’s nomination faced some fears and objections. Business worried about his being too tough on it with new regulations. Some critics, such as the Center for Public Integrity, worried about the opposite. This nonpartisan watchdog group argued that Brown was too well connected to avoid potential conflicts of interest: he would have to regulate industries and foreign countries that he had once represented, seemingly in contradiction to Clinton’s promise to clamp down on the selling of influence by political appointees. The group’s December 1992 report, The Torturer’s Lobby, hammered Brown for representing repressive governments. Brown called the Center’s charges an attempt at implying “guilt by association.” The Senate confirmed him with little difficulty. As commerce secretary, Brown won praise for breathing new life into the department. He revived its export programs, winning lucrative multibillion-dollar contracts for U.S. aircraft and TELECOMMUNICATIONS firms. He also presided over a $900 million annual budget for promot- ing high technology in small and medium-sized business, nearly double the amount spent during the administration of George H. W. Bush. The New Republic called him “the most formidable Commerce secretary since Herbert Hoover” (May 1, 1995). Business fears about his being too liberal proved to be wrong; he was utterly pro-business, even to the point of attracting criticism for helping McDonnell GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BROWN, RONALD HARMON 147 . Died, New York City 1 920 Nineteenth Amendment ratified, gave women the right to vote 1914–18 World War I GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 1 42 BROWN, HENRY BILLINGS has often been criticized. trading floor, acts as an intermediary in the contracting of any type of bargain. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 138 BROKER benefit of others is ordinarily considered a broker WIN . —RONALD BROWN GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 146 BROWN, RONALD HARMON organization’s Washington, D.C., vice president and assumed the role of spokesman. The give-and-take of politics