Gale Encyclopedia Of American Law 3Rd Edition Volume 2 P25 pot

regardless of whether defendants wanted it. Moreover, the burden of showing how cameras have a prejudicial effect on a given trial would fall on the defendant. Chief Justice Warren E. Burger’s majority opinion cautioned, “Dangers lurk in this, as in most experiments, but unless we were to conclude that television coverage under all conditions is prohibited by the Constitution, the states must be free to experiment.” The freedom to experiment brought cameras firmly into state courts. The ABA abandoned its prohibitive stance, and more states began con- ducting experiments of their own. The launch on July 1, 1991, of Court TV, a cable channel that provided televised trial coverage of newsworthy cases, sought to further legitimatize the use of cameras in the courtroom. By 1995, 47 states permitted some form of televising of state trials. But in 1994, the federal court system chose otherwise. The federal JUDICIAL CONFERENCE OF THE UNITED STATES authorized a three-year experiment in 1991 that permitted camera coverage of federal civil trials. Most judges who participated in the experiment, which involved six trial court districts and two appellate districts, viewed the experience favorably; in fact, a report prepared by the Judicial Conference recommended extending camera coverage to all federal district and appellate courts. But in 1994 the confer- ence voted to end the experiment without explanation. Many advocates of televising federal trials blamed this decision on the excessive publicity from the 1994 pretrial hearings in the case of O. J. SIMPSON, a popular sports and entertainment personality who was accused and later acquitted of murdering his former wife Nicole Brown Simpson and her friend Ronald Lyle Goldman. By the beginning of the twenty-first century, all 50 states allowed some level of camera presence in their courts (only the District of Columbia prohibited cameras in trial and appellate proceedings), but the rules governing when and where cameras are allowed varied enormously. In N ew York, for example, cam- eras have been banned from criminal trials since 1952 under Section 52 of the state’s CIVIL RIGHTS Law. A 2001 challenge to the law by Court TV argued that Section 52 was unconstitutional because it violates the FIRST AMENDMENT.Butin 2003 Manhattan Supreme Court Justice Shirley Werner Kornreich upheld the ban on cameras, noting that televising trials could disrupt the proceedings enough to have an impact on the fairness of those trials. During the early 2000s, several proposa ls were introduced that would permit cameras during federal trials. However, opposition to these proposals has been strong, and as of 2009, none of the proposals had passed. The U.S. Supreme Court does not allow cameras in its proceedings; transcripts are made available, but not immediately. In a move that surprised many, the Court allowed the release of audiotapes of its proceedings in the Florida presidential election results late in 2000. The Court deemed those hearings to be important enough to warrant a special dispensation of its normal procedures. In 2003 the Court again allowed audiotapes to be released in the University of Michigan Law School AFFIRMATIVE ACTION case, as well as the hearings on the constitutionality of the McCain-Feingold cam- paign finance reform law. The Court has emphasized that such access will only be allowed in rare instances and only for cases it deems crucial enough. As for televised Supreme Court proceedings, Chief Justice WILLIAM REHNQUIST wrote to Senator Arlen Specter of Pennsylvania, a proponent of television coverage, that “a majority [of the Justices] are of the view that it would be unwise to depart from our current practice.” Rehnquist has stated that he would not allow camera coverage if even one justice was opposed. The sensational 1934 trial of Bruno Hauptmann (center) for the Lindbergh kidnapping created such a disruption that cameras were banned from nearly all U.S. courtrooms in 1937. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 228 CAMERAS IN COURT FURTHER READINGS “Are We Being Fed a Steady Diet of Tabloid Television?” 1994. ABA Journal (May). Caher, John M. 2003. “Court TV Effort to End Camera Ban Sparks Debate on Civil Rights Law.” New York Law Journal 229 (April 23). “Cameras in the Courtroom: Should Judges Permit High- Profile Trials to Be Televised?” 1995. American Bar Association Journal (September). Fong, Liz. 2002. “Judges Restrict Camera Access in Court- rooms.” News Media & the Law 26 (fall): 12. “Mass Media’s Impact on Litigation, Lawyers, and Judges.” 1995. Review of Litigation (February 24). Moyer, Bruce. 2000. “House OKs Court Improvements and Cameras in Court.” Federal Lawyer 47 (July): 12–13. “Senate Passes Cameras-in-Court Bill.” 2001. Associated Press (November 30). “That’s E ntertainment! The Continu ing Debate over Cameras in the Courtroom.” 1995. Federal Lawyer (July). CROSS REFERENCES Courtroom Television Network; Criminal Procedure; Freedom of the Press; Lindbergh Kidnapping CAMPAIGN FINANCE REFORM See ELECTION CAMPAIGN FINANCING. v CAMPBELL, BEN NIGHTHORSE In 1992, BEN NIGHTHORSE CAMPBELL, a rancher, teacher, judo champion, and jewelry designer became the first Native American to serve in theU.S.Senateinmorethan60years. Campbell was born April 13, 1933, in Auburn, California, the son of Albert Valdez Campbell, who was part Northern Cheyenne Indian, and Mary Vierra, a Portuguese immi- grant. His mother was a patient and occasional employee at a tuberculosis sanitorium when she met his father, who also worked there. They were married in 1929 and had two children, Campbell and his sister, Alberta Campbell, who died at the age of 44, an apparent suicide. Campbell’s father was an alcoholic who frequently disappeared, leaving Campbell’s mother to support and care for the children. Campbell and his sister spent time in orpha- nages and foster homes when their mother was too sick to work and provide for them. Eventually, his father was able to work and the family opened a small grocery store, which prospered later when a freeway was built with an exit ramp at the location of the store. When Campbell entered high school he had little sense of enthusiasm or direction concerning his education. In 1950 he dropped out and joined the U.S. Air Force. He served in the KOREAN WAR and was discharged from the service with the rank of airman, second class. He passed the high school equivalency test to receive his general equivalency diploma, and in 1957 Ben Nighthorse Campbell 1933– ▼▼ ▼▼ 1930 2000 1975 1950 ◆ ◆ ◆◆◆◆◆◆◆◆◆ ◆ ❖ 1961–73 Vietnam War 1950–53 Korean War 1939–45 World War II 1933 Born, Auburn, Calif. 1950 Dropped out of high school; joined U.S. Air Force 1957 Earned B.A. from San Jose State 1964 Served as captain of U.S. Olympic Judo Team at Tokyo Olympic Games 1963 Won gold medal at Pan-American Games 1980 Enrolled as official member of Black Horse family and Northern Cheyenne tribe 1986 Elected to U.S. House of Representatives 1982 Elected to Colo. Legislature 1992 Elected to U.S. Senate; first Native American senator since 1929 2003 Named Senate Deputy Majority Whip 2004 Announced resignation from Senate; returned to private practice 1998 Became first Native American to chair the Senate Committee on Indian Affairs 1995 Switched his political affiliation from Democrat to Republican Ben Nighthorse Campbell. AP IMAGES MY GRANDFATHER TOLD ME THAT AT THE LITTLE BIG HORN CUSTER DROPPED THE FLAG AND THE CHEYENNES PICKED IT UP … NOW THE FLAG UNITES ALL OF US IN THIS GREAT COUNTRY . —BEN CAMPBELL GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CAMPBELL, BEN NIGHTHORSE 229 graduated from San Jose State University with a bachelor’sdegreeinphysicaleducationand fine arts. When he was a teenager Campbell became interested in judo and it became a driving force in his life. “Judo teaches you to persevere, to never give up,” he said. “That skill is transfer- able to business, to school, to politics.” Camp- bell continued to develop his judo skill while he was in the service, and after completing college, he moved to Tokyo, where he lived for four years, studying at Meiji University and perfect- ing his abilities. In 1963 he won a gold medal at the Pan-American Games and, in 1964, he was captain of the U.S. Olympic Judo Team at the Tokyo Olympic Games. Campbell’s interest in judo continued throughout his life. After the 1964 Olympics he returned to California to teach high school physical education. During the summers he conducted judo camps for children. He also pioneered judo instruction in physical educa- tion programs at California high schools. During this period he met Linda Price—they were married in 1966 and had two children, Shanan, also known as Sweet Medicine Woman, and Colin, whose Indian name is Takes Arrows. Eventually Campbell left his job as a physical education teacher and set up an industrial arts program at an alternative high school for troubled students. He also developed a jewelry-making class for adult Native Ameri- can students, which fueled his interest in his Native American heritage. When Campbell was growing up, his father hesitated to talk about his ancestry because of his fear that the family would be subjected to discrimination. But Campbell persisted, and his father finally gave him information that led him to relatives on the Northern Cheyenne reservation in Montana. There, in 1980, he was officially enrolled as a member of the Black Horse family and of the Northern Cheyenne tribe. Currently he is one of 44 chiefs of the Northern Cheyenne. Campbell entered the world of politics by chance. He attended a Colorado DEMOCRATIC PARTY meeting in May 1982 hoping to see a friend whom he thought might be there. Party officials were trying to find someone willing to run for state representative from Campbell’s district against a Republican who was consid- ered a certain winner. No one but Campbell was willing to take on the challenge. To everyone’s great surprise, he not only won but carried 57 percent of the vote, including 15 percent of the crossover vote from the Republican side. Campbell was a Democrat whose blend of fiscal conservatism and social liberalism made him an enigma. During his two terms in the Colorado Legislature he was instrumental in the passage of LANDMARK legislation to settle disputes over Native American WATER RIGHTS. Early in his political career, he learned that his positions angered extremists on both ends of the political spectrum. He has little tolerance for single-issue zealots. “I learned early on that the more extreme their position or ideology, the less they have in common with the majority of the electorate,” he said. “[They] reduce everything in America to a single issue. They do not judge a legislator on total performance, on what that representative is doing for everybody. They are concerned only with what a legislator does for them on that one single issue.” In 1986 Campbell decided to run for the U.S. House of Representatives from Colorado’s third district. Because Native Americans consti- tute only two percent of the population of the district, Campbell and his campaign manager decided to downplay his heritage. However, his Native American background along with his diverse credentials — high school dropou t, Ko- rean War veteran, small-business owner, Olym- pic athlete, artist, truck driver, teacher, rancher, and state legislator—was a potent and irresist- ibly novel combination for both voters and the media. Ordinary peop le could identify with him as “one of them.” The result was a 52–48 percent win for Campbell, making him one of only six challengers nationwide to unseat an incumbent in 1986. On January 6, 1987, he stood proudly between Joseph P. Kennedy II, son of the late ROBERT F. KENNEDY, and JOHN LEWIS, son of an African American Georgia sharecrop- per, to be sworn in and take his seat in the One Hundredth Congress. During his three terms as a U.S. representa- tive, Campbell acted as a spokesman for all Native Americans, not just those he represented from Colorado. He cosponsored legislation to establish the Museum of the American Indian at the Smithsonian Institution. He also fought to have the Custer National Battlefield Monument renamed the Little Big Horn National Battlefield Monument. The Montana monument, which honors the 1876 battle between General George Armstrong Custer’s Seventh Cavalry and a GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 230 CAMPBELL, BEN NIGHTHORSE group of Sioux, Cheyenne, and Arapaho Indians camped on the banks of the Little Big Horn River, memorialized and glorified the two hundred soldiers, including General Custer, who perished there. Until 1991 only a wooden marker commemorated the loss of Indian lives. In 1991, largely through Campbell’s efforts, Congress changed the monument’s name and authorized a more prominent memorial to the Indians who fought and died there. Toward the end of his third term as a U.S. representative, Campbell expected to retire from politics. However, in April 1992, when Senator Timothy E. Wirth (D-Colo.) unexpect- edly announced he would not run for reelec- tion, Campbell decided to run for Wirth’s seat. He defeated three-term governor Richard D. Lamm to gain the Democratic Party nomina- tion, but the campaign turned out to be an uphill struggle. Campbell at one point had a ten-point lead over his Republican opponent, but it began to slip. He became discouraged and turned to friends for advice. Their prescription was unorthodox: they prayed for him and performed rituals on his behalf, and advised him to paint his body with red war paint and carry an eagle feather at all times. Campbell did not question their wisdom; he did as they advised, and almost immediately his ratings in the polls improved. Campbell won the election by nearly ten percent and returned to Washing- ton to become the first Native American senator in over 60 years. During his first term in the Senate, Camp- bell was appointed to five key committees: Energy and Natural Resources; Banking, Hous- ing and Urban Affairs; Democratic Policy; Veterans Affairs; and Indian Affairs. In March 1995, barely two years into his Senate term, Campbell surprise d and angered the Democratic Party by announcing that he was switching affiliation and aligning himself with the Republicans. The Democratic Party responded by calling Campbell a turncoat and Benedict Campbell, and demanding the return of $255,000 in donated funds used to help elect him to the Senate. Campbell replied that his record of voting with the Democratic leadership on most issues should be repayment for the party’s support. In the 1998 elections, Campbell was reelected by a wide margin over longtime ABORTION rights supporter Dottie Lamm who, like Campbell, described herself as a fiscal conservative who was socially progressive. In 2004 Campbell announced that he would not run for reelec tion, and his final Senate term ended on January 3, 2005. During his time as a senator, Campbell served as a member of four major Senate committees: the Appropriations Committee, the Energy and Natural Resources Committee, the Veterans’ Affairs Committee, and the Senate Committee on Indian Affairs. He also chaired the Commission on Security and Cooperation in Europe (Helsinki Commission). Campbell portrayed himself as a jewelry-making, Harley- riding, maverick member of Congress, but his legislative agenda become increasingly aligned with big business . Environmentalists criticized Campbell for taking campaign contributions from groups financed by timber, mining, gas, and oil companies. Campbell also generated controversy after sponsoring legislation to transfer a federally owned dam and reservoir to a privately owned land consortium. He failed to disclose that he was one of the group’s largest landholders. After leaving the Senate, Campbell went to work for the law firm of Holland and Knight, LLP, where as of late 2009 he serves as a Senior Policy Advisor. In 2007 Campbell designed a jewelry piece, “The Creation Pendant,” for the National Museum of the American Indian, which they sell for fundraising purposes. FURTHER READINGS Nashoba, Nuchi. 1995. Ben Nighthorse Campbell, Senator & Artist. Annapolis, Maryland: Modern Curriculum Press. Viola, Herman J. 1993. Ben Nighthorse Campbell: An American Warrior. New York: Orion Books. v CAMPBELL, JOHN John Campbell, also kno wn as First Baron Campbell, was born September 15, 1779, in Scotland. He was admitted to the bar in 1806 and pursued a career in British law and politics. In 1830 Campbell entered Parliament and advocated legal reforms in real property and local government. Two years later he served as SOLICITOR GENERAL, and from 1834 to 1841, he was attorney general. In 1850 he performed the duties of Chief Justice of the Queen’s Bench and in 1859 became Lord Chancellor. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CAMPBELL, JOHN 231 Campbell is credited with the passage of three important pieces of legislation: the Libel Act, in 1843; the Copyright Act, in 1846; and the Obscene Publications Act, in 1857. As an author, Campbell is famous for Lives of the Lord Chancellors, published from 1845 to 1847, and for Lives of the Chief Justices, published from 1849 to 1857. Campbell died June 23, 1861, in London, England. v CAMPBELL, JOHN ARCHIBALD John Archibald Campbell was a politician, a statesman, and an ASSOCIATE JUSTICE on the U.S. Supreme Court during the turbulent years preceding the outbreak of the CIVIL WAR. Born June 24, 1811, in Washington, Geor- gia, the son of a prominent landowner and lawyer, Campbell was a child of exceptional intellectual ability. He entered Franklin College (now the University of Georgia) at the age of eleven and graduated at fourteen with high honors. He then entered West Point but he withdrew after three years to return home and support his family following the death of his father. He also studied law privately and in 1828, at the age of eighteen, he was admitted to the Georgia bar by a special act of the Georgia legislature. He then moved to Alabama, mar- ried, and practiced law, first in Montgomery and then in Mobile. Widely known for his skilled arg uments and his extensive knowledge of the law, Campbell quickly became a leading lawyer in Alabama. He turned down two appointments to the state supreme court, the first one offered to him when he was only twenty-four. An active Democrat, Campbell also found time for politics, and in 1836 he was elected to the first of two terms in the Alabama state legislature. He was a delegate to the Nashville Convention of 1850 which was convened to protect southern rights againstwhatwasviewedasthegrowingen- croachment of the North, especially with respect to SLAVERY. Campbell, known for his moderate views, prepared many of the resolutions adopted by the convention, which were conciliatory in nature and designed to avoid inflaming passions on the slavery issue. Campbell was nominated to the U.S. Su- preme Court in March 1853 by President FRANKLIN PIERCE, the new Democratic president, after the Senate had previously refused to act on three candidates offered by the lame-duck president MILLARD FILLMORE. The sitting justices of the Court had taken the unprecedented step of sending a delegation to the president to request that Campbell be nominated to the Court. Campbell, only forty-on e at the time, was confirmed unanimously. Campbell was, for the most part, a vigorous states’ rights advocate while on the Court. In his dissent in Dodge v. Woolsey, 59 U.S. 331, 18 How. 331, 15 L. Ed. 401 (185 5), for example, he argued against the Court’s extension of federal jurisdiction over state-chartered cor- porations. Campbell believed that state legis- latures should regulate such matters. However, Campbell displayed somewhat more moderate views with respect to slavery. He opposed SECESSION and argued that slavery would eventually disappear on its own and be replaced by free labor if the South were left undisturbed. Upon his appointment to the Court, he freed all his own slaves and then hired only free blacks as servants. But John Campbell 1779–1861 ◆ 1779 Born, Fifshire, Scotland ◆ ◆ ◆ ◆ 1806 Admitted to the English bar 1845–47 Lives of the Lord Chancellors published; helped pass the Copyright Act 1857 Helped pass the Obscene Publications Act; Lives of the Chief Justices completed 1850 Appointed chief justice of the Queen's Bench 1837 Queen Victoria began her 64-year reign 1859 Appointed lord chancellor 1861–65 U.S. Civil War 1775–83 American Revolution ◆ ◆ 1861 Died, London, England 1843 Helped pass the Libel Act 1830 Entered Parliament 1832 Appointed solicitor general 1834–41 Served as attorney general ▼▼ ▼▼ ❖ ◆ 17751775 18251825 18501850 18751875 18001800 ❖ THE SUPREME COURT IS A VENERABLE TRIBUNAL THAT DESERVES WELL OF THE COUNTRY .IT OUGHT NOT … BE AFFECTED BY REVOLUTIONARY POLITICS AND I SHALL TAKE CARE THAT THROUGH ME THIS SHALL NOT BE DONE . —JOHN CAMPBELL GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 232 CAMPBELL, JOHN ARCHIBALD Campbell was nevertheless widely criticized for his views, especially by northern abolitionists, when he joined the majority of the Court in the controversial Dred Scott decision. In DRED SCOTT V . SANDFORD, 60 U.S. 393, 19 How. 393, 15 L. Ed. 691 (U.S. Mo. Dec. Term 1856), the Court held that blacks were not citizens of the United States, with the right to sue in federal court. In his c oncurring opinion, Campbell contended that the federal government had no choice but to recognize as property whatever the laws of the individual states determined to be proper- ty, including slaves. In 1861 Campbell served as an unofficial mediator between the federal government and southern commissioners seeking a resolution to the conflict over secession and slavery. SECRETARY OF STATE William H. Seward, acting through Campbell but without the authority of the president, promised that Fort Sumter, South Carolina, then occupied by federal troops, would be evacuated. When it was instead reinforced, Campbell was accused of treachery by the southern commissioners. When the Civil Wa r later broke out and Alabama seceded from the union, Campbell remained loyal to his home state and resigned from the Court in April 1861. After returning to the South, he was appointed assistant secretary of war for the CONFEDERACY. When the Confed- eracy collapsed in 1865, he was named to the commission at the Hampton Roads peace conference, which was co nvened to help bring about peace between the North and South. The commission failed to reach any agreement. Campbell again attempted to intervene to bring about peace, this time through a private meeting with President ABRAHAM LINCOLN, which resulted in an order allowing the Virginia legislature to convene to consider Lincoln’s terms for reconstruction. Within a few days the South surrendered and Lincoln withdrew his approval of the meeting, claiming that Camp- bell had misconstrued the terms of the plan. After Lincoln’s assassination Campbell was accused of TREASON and imprisoned for several months. John Archibald Campbell. COLLECTION OF THE SUPREME COURT OF THE UNITED STATES John Archibald Campbell 1811–1889 ❖ ❖ ◆ 1811 Born, Washington, Ga. ◆ ◆ 1828 Moved to Alabama 1861 Resigned from Court when Civil War began 1862 Became assistant secretary of war for the Confederacy 1865 Named to Hampton Roads peace conference commission; later accused of treason and imprisoned 1861–65 U.S. Civil War 1825 Graduated from Franklin College (now University of Ga.); entered West Point ◆ ◆ 1889 Died, New Orleans, Louisiana 1856 Joined majority in Dred Scott v. Sandford decision 1836 Elected to Alabama state legislature 1853 Nominated to the U.S. Supreme Court by President Pierce ◆ 1872 Argued the Slaughter-House cases before the U.S. Supreme Court ▼▼ ▼▼ 18001800 18501850 18751875 19001900 18251825 ◆ ◆ ◆ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CAMPBELL, JOHN ARCHIBALD 233 Virtually all Campbell’s property and belongings in Alabama were destroyed dur ing the war and after his release from prison he faced the prospect of starting over. He decided to settle in New Orleans, where he soon established another successful law practice along with a nationally renowned PRIVATE LAW library. He appeared before the U.S. Supreme Court in a number of significant cases, including the SLAUGHTER-HOUSE CASES, 83 U.S. 36, 16 Wall. 36, 21 L. Ed. 394 (1872). In the Slaughter-House cases, the Court considered the legality of a statute that granted a corporation chartered by the state of Louisiana the exclusive right to maintain within New Orleans all butcher shops, slaughter pens, stockyards, and stables. Camp- bell, though previously known for favoring the rights of states, argued that the law created a MONOPOLY in violation of the recently adopted Fourteenth and Fifteenth Amendments of the Constitution. The Court, in construing the FOURTEENTH AMENDMENT for the first time in its history, narrowly rejected Campbell’s argument in a 5–4 decision that would be reversed twenty years later. Campbell continued to practice law for another quarter century before withdrawing to a reclusive retirement in New Orleans. He died in 1889 at the age of seventy-seven. FURTHER READINGS Congressional Quarterly. 2004. Guide to the U.S. Supreme Court. 4th ed. Washington, D.C.: Congressional Quarterly. Elliott, Stephen P., ed. 1986. A Reference Guide to the United States Supreme Court. New York: Facts on File. Saunders, Robert, Jr. 1997. John Archibald Campbell, Southern Moderate, 1811–1889. Tuscaloosa: Univ. of Alabama Press. Swisher, Carl B. 2009. The Taney Period, 1836–1864. Vol. 5 (Oliver Wendell Holmes Devise History of the Supreme Court of the United States). Boston: Cambridge. v CAMPBELL, WILLIAM JOSEPH When he was named to the federal bench at age 35 in 1940, WILLIAM J. CAMPBELL was the youngest judge ever appointed; at the time of his death, he was the longest-tenured federal judge in the United States, with almost 50 years of service to his credit. WILLIAM JOSEPH CAMPBELL was born in Chicago on March 19, 1905. The son of a Scottish wool merchant, he grew up in a middle-class neighborhood on the city ’swest side. There, he attended St. Rita High School and St. Ri ta Col lege. Af ter g raduatio n, he worked as an in surance claims adjuster while enrolled in a night program at Chicago’s Loyola University law school. Campbell earned his doctor of jurisprudence degree in 1926 and was admitted to the Illinois bar in 1927. He returned to Loyola in 1928 to complete a master of laws de gree. Shortly after passing the bar in 1927, Campbell partnered with a longtime friend to open the law firm of Campbell and Burns. The new firm’s first major client, the Roman Catholic Archdiocese of Chicago, would have a profound influence on Campbell’s profession- al life, introducing him to the world of Chicago Democratic politics. With the help of church leaders and prominent Chicago Catholics, Campbell formed the Young Democrats for Roosevelt in 1932, when FRANKLIN D. ROOSEVELT was governor of New York and a presidential hopeful. The William Joseph Campbell 1905–1988 ❖ ❖ ◆ 1905 Born, Chicago, Ill. ◆ ◆ 1927 Opened law firm of Campbell and Burns 1940 Appointed U.S. district judge for the Northern District of Ill. 1970 Became a senior judge 1967 Helped establish the Federal Judicial Center 1914–18 World War I ◆ 1988 Died, West Palm Beach, Fl. 1938 Appointed U.S. attorney for the Northern District of Ill. 1932 Formed the Young Democrats for Roosevelt 1961–73 Vietnam War 1939–45 World War II 1942 United States v. Haupt, three were convicted in Nazi plot to poison Chicago's water 1950–53 Korean War 1959 Named chief judge of the U.S. District Court in Chicago 1965 Helped launch federal defender program; set up internship program for law school students ▼▼ ▼▼ 19001900 19501950 19751975 20002000 19251925 ◆◆ ◆ ◆ ◆ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 234 CAMPBELL, WILLIAM JOSEPH powerful Chicago Democratic political machine shunned Roosevelt and used its power to thwart Roosevelt’s efforts to secure permits for his campaign events. Undaunted, Campbell put a bishop in front of a Catholic Youth Organiza- tion band and had them march through the streets of Chicago in an “illegal parade” that brought considerable attention to the candidate. Years later, Campbell said, “Naturally, when all those Irish policem en saw the bishop, they weren’t about to do anything but say hello and salute.” After Roosevelt’s election, Campbell contin- ued to be an outsider in Chicago Democratic politics, but he had clearly earned Roosevelt’s attention and admiration. In 1935 Campbell was named Illinois administrator for the pre- sident’s National Youth Administration. In 1938 Campbell was named U.S. attorney for the Northern District of Illinois. Appointed by Roosevelt to fight the Chicago Democratic political machine, Campbell made the most of the job. As a young federal PROSECUTOR,he crossed paths with many of the city’s more colorful citizens, including notorious gangster Al Capone, and he continually challenged the city’s political leaders and their system of influence. Two years later, in an effort to appease those leaders during an election year, Roosevelt removed Campbell as prosecutor—and appointed him to a federal judgeship. “I got kicked upstairs,” Campbell said. “[Roosevelt] needed the machine for the election.” Campbell was appointed U.S. district judge for the Northern District of Illinois on October 10, 1940, and he began his long judicial career on October 22. As a prosecutor, Campbell had been part of the team that convicted Capone of TAX EVASION; in his early years as a judge, he supervised Capone’s PAROLE. “I insisted that … he never set foot in Cook County [Illinois], and he agreed to it,” said Campbell. “I also in sisted that he pay every last nickel in taxes he owed the govern- ment.” Capone protested by paying his millions of dollars in back taxes in pennies. Though a Chicago bank actually counted and verified the amount in a day, Campbell initially threatened to do the job himself, one penny at a time—and to make Capone sit in jail until he had finished. Only two years into his federal judgeship, Campbell conducted one of the few treason trials ever held in the United States (United States v. Haupt, 47 F. Supp. 832 [N.D. Ill. 1942], opinion supplemented by 47 F. Supp. 836 [N.D. Ill. 1942]). He sentenced three men to death after they had been convicted in a Nazi plot to poison Chicago’s water supply. “We had to blaze a trail” in that case, he said, because there were no statutes governing such matters. Campbell said the only guidelines available were in the U.S. Constitution. Though an appellate court later overturned the death sentences (United States v. Haupt, 136 F.2d 661 [7th Cir. 1943]), Campbell often called the case a highlight of his career. Campbell was named chief judge of the U.S. district court in Chicago on April 6, 1959. In his years on the federal bench, he earned a reputation as an innovative, courageous, and practical jurist. Fellow U.S. district judge James C. Paine said Campbell was “the kind of judge each of us would like to be.” When asked to hear politic ally charged Illinois reapportionment cases in the late 1950s, Campbell called a historic joint session between the federal court and the Illinois Supreme Court to resolve the issues. Even though the state legislature had been unwilling or unable to act, Campbell’s unique team was able to reapportion Illinois’s state and federal legislative districts to the satisfaction of most parties. In the early 1960s Campbell summoned a group of private attorneys to a luncheon. There he pointed out the financial benefit they were realizing from U.S. BANKRUPTCY court case assignments. He asked the group to return the favor by contributing money so that the city might provide lawyers for indigent defendants. They did. “A word from the chief judge went a long way,” said HUBERT WILL, another federal district judge in Chicago. Campbell also had a knack for appropriating money for the federal judiciary. Owing in large part to his efforts, the budget for the judiciary between 1960 and 1970 increased from $51 million to $117 million. Chicago’s federal defender program, result- ing from Campbell’s luncheon and gentle arm- twisting, was launched in 1965. It became a model for the nation long before programs offering free representation for indigent clients accused of committing federal crimes were mandated and funded by Congress. Also in 1965, Campbell set up an internship program THE CRIME OF TREASON … IS THE ONLY CRIME DEFINED BY THE CONSTITUTION. … T HE REASON FOR THIS , NO DOUBT, WAS THAT ITS AUTHORS AND ADOPTERS CONSIDERED TREASON THE HIGHEST OF ALL CRIMES . —WILLIAM CAMPBELL GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CAMPBELL, WILLIAM JOSEPH 235 for law school students. A novel idea in 1965, it is now commonplace. Campbell was equally committed to the continuing professional education of judges and supporting personnel. He was a force in the establishment of the FEDERAL JUDICIAL CENTER, which is the federal courts’ agency for research and continuing education. It was established by statute in 1967 as a separate organization within the federal judicial system (28 U.S.C.A. 620- 629). Through the Federal Judicial Center, Campbell participated in hundreds of seminars and workshops in all parts of the United States in order to give new district judges, magistrates, bankruptcy judges, clerks of court, probation officers, and other judicial personnel the benefit of his wisdom and experience. Campbell served as First District judge representative of the Seventh Circuit on the JUDICIAL CONFERENCE OF THE UNITED STATES (1958– 1962); member of the Committee on Pretrial and Protracted Case Procedures (1941–1960); and chairman of the Judicial Conference Committee on the Budget (1960–1970). He was the author of numerous publications, including the first manual on protracted case procedures. Among the many honors accorded him were degrees from Loyola University (doctor of laws, 1955), Lincoln College (doctor of laws, 1960), Duquesne College (doctor of letters, 1965), and Barat College (doctor of CANON LAW, 1966 ). Twice during Campbell’s first 30 years as a federal judge, he turned down an offer to sit on an appellate court as well as an offer to return to a lucrative PRIVATE LAW practice. The appellate court was, for him, too far removed from the daily hustle of trial court. When Supreme Court justice FELIX FRANK- FURTER died in 1965, man y thought Campbell was certain to be appointed to the Court by President LYNDON B. JOHNSON. But Johnson chose ABE FORTAS, who resigned under pressure four years later. When asked about the missed opportunity many years later, Campbell said, “Although I knew Johnson intimately and personally, he was bigoted enough not to want two Catholics on the Supreme Court.” Justice William J. Brennan Jr. was the one Catholic already on the Court. Campbell spent little time lamenting the lost Supreme Court nomination. Late in 1965 he decided to take on Chicago syndicate kingpin Sam Giancana. When Giancana was asked to testify before a Chicago GRAND JURY , he invoked his FIFTH AMENDMENT right to remain silent. Campbell did something never done before: he gave Giancana IMMUNITY from prosec ution and ordered him to testify. After Giancana refused, he spent the next year in jail on contempt charges. In spite of his toughness on ORGANIZED CRIME and career criminals, Campbell showed com- passion for men who refused to fight in the nation’s wars. When handing out sentences for draft cases during WORLD WAR II and the VIETNAM WAR , he often ordered the defendants to perform COMMUNITY SERVICE. He did not see draft evaders as criminals and refused to treat them as such. Campbell became a senior judge on March 19, 1970, his 65th birthday. Though he was eligible to retire with full pay for the rest of his life, he could not accept the thought of leaving the workforce. As a senior judge, he heard cases first in Chicago, and then in the Southern District of Florida, following a move to West Palm Beach in the mid-1970s. In his last years, he devoted his time to writing opinions for the Chicago-based U.S. Seventh CIRCUIT COURT of Appeals. He traveled to Chicago from West Palm Beach twice a year to sit on cases there. Campbell, who was seen pushing a wheel- chair full of legal briefs and court opinions into his chambers well into his 82nd year, died on October 19, 1988, in West Palm Beach, at the age of 83. CANADA AND THE UNITED STATES The United States and Canada share a unique legal relationship. U.S. law looks northward with a mixture of optimism and cooperation, viewing Canada as an integral part of U.S. economic and environmental policy. The two nations’ mutual, largely unguarded 5,000-mile border does much to explain why: Each is the other’s largest trading partner, amassing $218 billion in trade by 1992; cross-border travel is easy; and they work together on common concerns about the quality of water and air. However, the relationship has not always been so cooperative. Although environmental treaties date to 1902, economic pacts have taken nearly a century to come to fruition. Traditionally, both countries warily put protectionism ahead of mutual interest, and they have retaliated in GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 236 CANADA AND THE UNITED STATES kind against tariffs, duties, and other barriers to free trade. Only in 1988 did the two enter into the U.S Canada Free Trade Agreement (FTA) (Pub. L. No. 100-449, 102 Stat. 1851), a groundbreaking pact designed to eliminate these barriers. It paved the way for the historic NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA) in 1993. Early relations between the two countries were rocky. In the mid-nineteenth century, trade foundered on stubborn protectionist policies; each country feared the economic success of the other at its own expense. The 1854 Elgin-Marcy Reciprocity Treaty (10 Stat. 1089) was intended to open up trade on natural resources, but it barely lasted a decade. Its failure prompted Canada to spend fruitles s years trying to loosen U.S. trade restrictions before formulating, in 1879, a national policy of high tariffs by which it hoped to force the United States back to the negotiating table. But the table remained empty for nearly a century. The only trade agreement between the two nations was the GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT), a 100-nation agreement first reached in 1947. The generality of the GATT accords did little to address the specific issues facing these two trading partners, and it caused Canada, in particular, frustration. But U.S. prosperity throughout the mid-twentieth century meant it could afford to ignore Canadian complaints. The two were more willing to NEGOTIATE on environmental concerns. The LANDMARK agree- ment in this area is the Boundary Waters Treaty of 1909. It established the International Joint Commission (IJC) to address the issues of water resource management, a set of concerns re- ferred to as transboundary issues because of the two nations’ common border. Made up of technical specialists from various federal, state, and provincial governments of the United States and Canada, the IJC has authority to approve joint projects and to investigate complaints. Since the 1970s its duties have expanded as the result of the Great Lakes Water Quality Agreements that established goals for restoring the damaged ecosystem of the Great Lakes. Contemporary concerns facing the IJC include water levels, pollution, acid rain, and climate changes, with a growing emphasis on the use and maintenance of river systems. Critics generally agree that the success and innovation of this commission represent a model for international cooperation. Despite progressive solutions to environ- mental problems, it took the United States and Canada until the late 1980s to forge better economic ties. The slow progress toward open trade was due to mutual suspicions and a long On December 12, 2001, the Canada- U.S. Smart Border Declaration was signed with the intention of addressing secuirty risks at crossings along the 5,525-mile border. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION CANADA AND THE UNITED STATES 237 . the duties of Chief Justice of the Queen’s Bench and in 1859 became Lord Chancellor. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CAMPBELL, JOHN 23 1 Campbell is credited with the passage of three. Custer’s Seventh Cavalry and a GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 23 0 CAMPBELL, BEN NIGHTHORSE group of Sioux, Cheyenne, and Arapaho Indians camped on the banks of the Little Big Horn River,. PICKED IT UP … NOW THE FLAG UNITES ALL OF US IN THIS GREAT COUNTRY . —BEN CAMPBELL GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CAMPBELL, BEN NIGHTHORSE 22 9 graduated from San Jose State University