Gale Encyclopedia Of American Law 3Rd Edition Volume 2 P28 potx

CROSS REFERENCES Automobiles; Double Jeopardy. v CARMICHAEL, STOKELY African American activist, leader, and militant Stokely Carmichael is known for the galvanizing cry “Black Power!” which helped transform the later years of the CIVIL RIGHTS MOVEMENT. The raised fist that accompanied the slogan was a rallying point for many young African Ameri- cans in the late 1960s. Carmichael’s forceful presence and organizing skill were compelling reasons to join. In 1966 he was elected chairman of the STUDENT NONVIOLENT COORDINATING COM- MITTEE (SNCC), a CIVIL RIGHTS organization popularly called Snick. Leaving Atlanta-based SNCC in 1967 with a more radical vision, Carmichael became prime minister of the Oakland-based BLACK PANTHER PARTY for SELF- DEFENSE (BPP), perhaps the most militant of 1960s African American groups. Members of Congress denounced him for allegedly seditious speeches, other politicians and civic lead ers blamed him for causing riots, and the FEDERAL BUREAU OF INVESTIGATION (FBI) matched this fervor with counterintelligence activities. Bitterly severing his ties with the BLACK POWER MOVEMENT in 1969, Carmichael announced that he would work on behalf of Pan-Africanism, a socialist vision of a united Africa. He moved to Guinea, West Africa, where he lived and worked until his death in 1998. Carmichael was born in Port of Spain, Trinidad, on June 29, 1941. Two years later, he was placed in a private school, as his father, mother, and two sisters immigrated to the United States. At school he earned the nick- name Little Man for his quick intelligence and precocious awareness, traits that had him urging his aunt to vote when he was turned away from polling booths at the age of seven. He received a British education at the Tran quillity Boys School, a segregated institution, from the age of ten to eleven, before nearly dying of pneumonia. As an adult, he would recall the Tranquillity School experience with bitterness for “drugging” him with white European views. His parents brought him and three sisters to live with them in Harlem in June 1952. In Harlem he found conditions dis appoint- ingly different from those in Trinidad, where the black majority had found access to positions in elective government and profes- sional employment. His mother, Mabel Car- michael, worked as a maid. His father, Adolphus Carmichae l, who had been success- ful enough as a skilled carpenter to build a large house in Port of Spain, struggled at driving a cab to make ends meet but remained optimistic about the United States. For this dream, Carmichael later said, his father paid a high price, working himself to death, and dying the same way he began, poor and black. By junior high school, Carmichael’sdisil- lusionment revolved around a life of marijua- na,alcohol,theft,andastreetgangofwhichhe was the only nonwhite member. However, when he entered the respected Bronx High School of Science, his scholastic interests blossomed, and he began to read widely in politics and history. Social opportunities began to appear for him, too. Yet, later, he could not Stokely Carmichael 1941–1998 ▼▼ ▼▼ 19251925 20002000 19751975 19501950 1939–45 World War II 1941 Born, Port of Spain, Trinidad 1950–53 Korean War 1961–73 Vietnam War ◆◆◆ ◆ ◆◆ ◆ ◆◆◆ ❖ ❖ 1952 Immigrated to U.S. 1966 Elected chairman of SNCC, coined "Black Power" phrase; Black Panther party organized by Bobby Seale and others 1961 Joined Freedom Rides 1960 Entered Howard University; helped found SNCC 1968 Expelled by SNCC; became prime minister of Black Panthers 1969 Organized branch of All-African People's Revolutionary Party in Washington, D.C.; left for self-imposed exile in Guinea, West Africa 1971 Stokely Speaks: Black Power to Pan- Africanism published 1978 Changed his name to Kwame Ture 1996 Embarked on world recruitment tour for All-African People's Revolutionary Party 1998 Died, Guinea, West Africa 1967 Black Power Politics of Liberation in America published GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 258 CARMICHAEL, STOKELY dispel a sense of alienation and anger. “Imade the scene in Park Avenue apartments,” he recalled in a 1967 interview. “Iwasthegood little nigger and eve rybody was nice to me. Now that I realize how phony they all were, howIhatemyselfforit.” Social and political change were in the air as Carmichael was finishing high school. The civil rights movement was in full swing and a new generation of young African Americans began holding lunch counter sit-ins in segregated cafés and restaurants in the South. At first skeptical about these “publicity hounds,” Carmichael changed his mind when he saw televised images of white students pouring sugar and ketchup on the heads of the peaceful protesters. By mid- 1960 he was in Virginia taking part in a sit-in organized by the Congress of Racial Equality (CORE), a civil rights group founded nearly two decades earlier. Beaten up during his first demonstration, Carmichael was undeterred. He attended more sit-ins and pickets, notably against the F.W. Woolworth Company in New York, as such demonstrations spread widely across the country, resulting in integrated businesses in several states. Several scholarship offers awaited Carmi- chael, including one from Harvard. His decision to reject them in favor of atten ding Howard University in Washington, DC, marked a turning point in his life. In 1961, CORE sponsored trips by young activists to the South. Known as the Freedom Rides, these journeys were intended to fight SEGREGATION.Asa freshman, Carmichael went along. He escaped the violent mob beatings that many of the activists suffered while white police officers watched and did nothing, but he and several other CORE activists were arrested in Mis- sissippi, jailed for 53 days, zapped with cattle prods, and forced to sleep on hard cell floors. Such treatment was not the worst inflicted on the Freedom Riders: Three were murdered. Released finally, he returned to the university and changed his major from medicine to philosophy, in which he took a bachelor’s degree upon graduation in 1964. Leaving Howard, Carmichael became an organizer with SNCC. Founded during his final year in high school, the group had emerged from meetings organized by ELLA J. BAKER, the associate executive director of the SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE (SCLC)—the civil rights organization of which MARTIN LUTHER KING Jr. was presiden t. SNCC contained the seeds of a major change in direction for the civil rights movement. As it grew in the early 1960s, SNCC attracted young volunteers who were impatient with the progress of older organiza- tions such as CORE and the SCLC. It sent black and white young people from predominantly northern, middle-class backgrounds into rural areas of the Deep South, their goal being to educate illiterate farmers, increase voter regis- tration, and set up health clinics. A field organizer for a SNCC task force in Lowndes County, Mississippi, Carmichael brought about noteworthy successes: the number of registered black voters increased from 70 to 2,600, a dramatic rise for a county in which African Americans outnumbered whites but had no share in political powe r. In 1966 Carmichael was elected chairman of SNCC. The group’s goal was evolving from integration to liberation. In Mississippi he had organized a political party called the Lowndes County Freedom Organization. Its symbol, a black panther leaping with a snarl, would become nationally recognized in the years to follow. So would the words Black Power! that Stokely Carmichael (Kwame Toure). AP IMAGES AN ORGANIZATION WHICH CLAIMS TO SPEAK FOR THE NEEDS OF A COMMUNITY … MUST SPEAK IN THE TONE OF THAT COMMUNITY . —STOKELY CARMICHAEL GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CARMICHAEL, STOKELY 259 Carmichael shouted to black sharecroppers as he and other participants in the JAMES MEREDITH Freedom March passed them in June 1966. The cross-state march was a project launched by Meredith, who had been the first African American to attend Mississippi University, to prove that black citizens could enjoy their rights in the state without fear. Such fear was well placed. On the second day, shotgun blasts badly wounded Meredith. As another march took place and more violence followed, “Black Power!” became the marchers’ chant. In Carmichael’s view, black power meant several things: political power, economic power, and legal power. It was both local and international in scope. “We want control of the institutions of the communities where we live, and we want control of the land, and we want to stop the ex ploitation o f non-white people around the world,” he said. This control would be achieved by any means necessary, he promised, drawing on the famous words of the activist Malcolm X. SNCC members carried guns for self-defense, a practice defended by Carmichael this way: “We are not [Martin Luther] King or SCLC. They don ’tdothekind of work we do nor do they live in the same areaswelivein.” In contra st to the harmonious message of King, Carmichael’s rhetoric stirred fear and antagonism in many members of the mass media, who quickly accused him of rever se racism. Time m agazine dubbed him a black powermonger. As riots tore through major U.S. cities in the summers of 1966 and 1967, Carmichael was condemned for making inflammatory speeches that his critics said sparked them. Within SNCC, more than rhetoric was changing. As the organization began to speak of oppressors and the oppressed, it also took practical steps that distanced it from older civil rights groups. Carmichael had SNCC pull out of the White House Conference on Civil Rights, a move that brought condemn ation from the SCLC, the National Association for the Ad- vancement of Colored People ( NAACP), and the Urban League; CORE, however, was moving in the same direction. Support for SNCC began to dry up. Older black activists deserted the organization; white supporters wi thdrew fund- ing. In late 1966, SNCC purged all white members from its ranks. Law enforcement agencies turned their sights on the increasingly militant group. Fights between the group’s members and police officers broke out in several cities. In August 1966 a raid by 80 Philadelphia p olice officers on a SNCC office resulted in several arrests and charges that dynamite was stored there. As a result, the city’s mayor and chief of police tried to bar Carmichael from speaking in Philadel- phia. He was soon arrested and convicted in Atlanta of inciting a riot. Federal authorities also became concerned. The FBI had begun surveillance of SNCC in 1960; now it stepped up the supervision. In the summer of 1967, COINTELPRO,theFBI’s Counterintelligence Pro- gram, officially added SNCC to its list of revolutionary groups to m onitor, infiltrate, and, if possible , discredit. Stepping down from the SNCC chair- manship, Carmichael gave lectures on college campuses and traveled worldwide. To an international audience that viewed him as a revolutionary leader, he gave speeches in Europe, Africa, and North Vietnam. In a talk given in London in July 1967, he so enraged British political leaders that he was barred from entering more than 30 countries in the British Common- wealth. Harsh criticism in the U.S. press followed an appearance in Havana where he said, “We are preparing groups of urban guerrillas for our defense in the cities…. It is going to be a fight to the death.” President Fidel Castro of Cuba offered Carmichael political asylum, which he declined. Upon Carmichael’s return to the United States on December 12, 1967, U.S. marshals seized his passport. Lawmakers in Congress denounced him for TREASON and SEDITION, and, as a result, considered legislation favoring bans on travel by U.S. citizens to countries deemed enemies of the United States. Overseas, Carmichael had espoused his view of Pan-A fricanism. This political move- ment favored uniting African countries under a common socialist l eadership. SNCC expelled Carmichael in August 1968 , disagreeing with his political turn, but by this time he had already joined the BPP. Organized to preven t poli ce brutality toward African Americans, th e Black Panthers had adopted the symbol Car- michael popularized in Lowndes County, a leaping, snarling black panther. The BPP’s members carried guns, demanded equality and justice, and occasionall y exchanged gunfire with police officers, leading to the conviction of one of its founders, HUEY P. NEWTON.As hono rary prime minister of the BPP, GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 260 CARMICHAEL, STOKELY Carmichael organize d over two dozen chapters across the country. Black power’s growing appeal—and, in the eyes of many white U.S. citizens, its danger— seemed to reach a symbolic height at the 1968 Olympics. There, two medal-winning membe rs of the U.S. Olympic Team raised their fists in expression of their solidarity with the move- ment, a protest that ended in U.S. officials stripping them of their medals. Events during this period increased Carmi- chael’s sense of alienation from the United States. He alleged that the FBI harassed him and his wife, Miriam Makeba, a South African–born singer, by following them wherever they went. Carmichael and Makeba felt that Makeba lost singing jobs and recording contracts because of Carmichael’s notoriety. When the Black Panthers allied themselves with white radicals he broke with the organization. “The history of Africans living in the U.S. has shown that any premature alliance with white radicals has led to complete subversion of the blacks by the whites,” he said in July 1969. He called upon all Africans “as one cohesive force to wage an unrelenting armed struggle against the white Western empire for the liberation of our people.” His departure sounded a death knell for the black power movement; by the early 1970s it had all but vanished. In 1969 Carmichael prepared to leave for self-imposed exile in Africa. Before going, he organized a branch of the All-African People’s Revolutionary Party (AAPRP) in Washington, DC, a Pan-Africanist group established the previous year in Guinea, West Africa. After settling in Africa, he briefly returned to the United States in March 1970, and appeared before a congressional subcommittee on na- tional security matters. Questioned about revo- lutionary groups in the United States, he pleaded the FIFTH AMENDMENT throughout the hearing. Back in Guinea, he worked for the AAPRP, taught at the university in Conakry, and in 1978 changed his nam e to Kwame Ture, partly in honor of Sékou Touré, former president of Guinea, who was his friend and benefactor. Following the death of President Touré and the rise of the MILITARY GOVERNMENT in Guinea, he was jailed sever al times for unknown reasons. Carmichael traveled and spoke in a number of countries since the 1980s. In 1982 the British Commonwealth briefly lifted its ban on his crossing its borders, but it quickly renewed the prohibition after he made a 1983 visit to Britain advocating international black solidarity and the overthrow of capitalism. British officials claimed that he urged black lawyers to throw bombs. Later, he paid several visits to the United States. In 1989, looking back on the accomplishments of the civil rights and black power movements, he expressed skepticism. Citing the 304 African American mayors then in office in the United States, he dismissed them as impotent to effect real change. “All of them singularly and in block are powerless inside the racist political structure of the U.S.A.,” he said. “These African mayors represent the biggest cities … yet the condi- tions of the masses of our people are worse today in these very cities than before the advent of African mayors.” Carmichael and Makeba divorced in 1978 and he later remarried. He received an honorary doctor of law degree from Shaw University, in North Carolina, and authored two books, Black Power: Politics of Liberation in America (1967) and Stokely Speaks: Black Power to Pan-Africanism (1971). In June 1998 Carmichael donated his papers to the Moorland-Spingarn Research Center of Howard University. He died on November 15, 1998, at the age of 57, of prostate cancer. In May 1999 Carmichael was posthumously awarded an honorary doctorate by Howard University and his friends and supporters began a drive to establish the Kwame Toure Work-Study INSTITUTE and Library in Conakry, Guinea. FURTHER READINGS Carmichael, Stokely. 2007. Stokely Speaks: From Black Power to Pan-Africanism. Chicago: Chicago Review. Johnson, Jacqueline. 1990. Stokely Carmichael: The Story of Black Power. Parsippany, NJ: Silver Burdett. Kaufman, Michael T. 1998. “Stokely Carmichael, Rights Leader Who Coined ‘Black Power,’ Dies at 57.” New York Times on the Web (November 16). Available online at http://www.interchange .org/Kwameture/nytimes 111698.html; website home page: http://www.inter change.org (accessed July 11, 2009). Makeba, Miriam, and James Hall. 1989. Makeba: My Story. New York: Plume. CARNAL KNOWLEDGE Copulation; the act of a man having sexual relations with a woman. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CARNAL KNOWLEDGE 261 Penetration is an essential element of sexual intercourse, and there is carnal knowledge if even the slightest penetration of the female by the male organ takes place. It is not required that the hymen be ruptured or the vagina entered. CAROLENE PRODUCTS FOOTNOTE See FOOTNOTE 4. v CARPENTER, MATTHEW HALE Matthew Hale Carpenter was born December 22, 1824, in Moretown, Vermont. He attended the U.S. Military Academy from 1843 to 1845 and was admitted to the Vermont bar in 1847. His real name was Decatur Merritt Hammond Carpenter and although he was educated in Vermont, he established his public career in Wisconsin. In 1861 Carpenter served as JUDGE ADVOCATE general. He participated in the U.S. Senate, serving as senator from Wisconsin during the years 1869 to 1875 and 1879 to 1881. His legal skills were displayed in his representation of Secretary of War William W. Belknap at the latter’s IMPEACHMENT trial. In 1877 Carpenter acted as legal counsel to Democratic presidential candidate SAMUEL TILDEN during an inquiry held by the electoral commission concerning the contested election results. Tilden lost to RUTHERFORD B. HAYES by one electoral vote. Carpenter died February 24, 1881, in Washing- ton, D.C. CARPETBAG JUDGES Colloquial term used to describe northern judg es during the post-Civil War era who traveled to the South to serve on southern courts, typically for personal gain. “Carpetbag” refers to the judges’s practice of carrying their possessions with them in carpetbags. During the mid-1800s, judges were elected, and IMPEACHMENT proceedings were at that time an increasingly popular method for their removal. After the CIVIL WAR and the Recon- struction period, many judges—both black and white—served on the judiciary in the South. A large number of the se judges were known as “carpetbagging” judges because they were northerners who had relocated to the South for personal gain, carrying all their possessions in a carpetbag. They were reputed to be dishonest and incompetent. Threatened with impeachment, many of these judges left the bench. Not all the charges against the carpetbag judges were accurate, however, and a good number were not any worse than the judges who lived in the area. Several earned prominence, such as Moses Walker—a transient from Ohio—who contrib- uted to the prestige of the Texas Supreme Court. Albion W. Tourgee, another carpetbag- ger, wrote several books about his years in the South. His most popular book was A Fool’s Errand, published in 1879. Tourgee was highly regarded for his presentation of liberal opinions concerning interrelationships between blacks and whites . FURTHER READINGS Carrington, Paul D. 1999. “Lawyers amid the Redemption of the South.” Roger Williams Univ. Law Review 4. Friedman, Lawrence Meir. 2005. A History of American Law. New York: Simon & Schuster. Moneyhon, Carl H. “Carpetbaggers.” The Handbook of Texas Online. Available online at http://www.tshaon line.org/handbook/online/articles/CC/pfc1.html; website home page: http://www.tshaonline.org (accessed July 7, 2009). CROSS REFERENCES Elections; Impeachment; Reconstruction. Matthew Hale Carpenter 1824–1881 ❖ ❖ 1824 Born, Moretown, Vt. ◆ 1877 Served as legal counsel to Samuel Tilden during Hayes-Tilden election results inquiry 1861–65 U.S. Civil War ◆ 1881 Died, Washington, D.C. 1848 Moved to Wisconsin 1878 Reelected to U.S. Senate ◆◆ 1868 Elected to U.S. Senate 1843–45 Attended West Point ▼▼ ▼▼ 18001800 18501850 18751875 19001900 18251825 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 262 CAROLENE PRODUCTS FOOTNOTE CARRIERS Individuals or businesses that are employed to deliver people or property to an agreed destination. The two main types of carriers are common carriers and private carriers. A COMMON CARRIER, such as a railroad, airline, or business that offers public transportation, customarily transports property and individuals from one location to another, thus offering its services for the hire of the general population. A private carrier is employed by special agreement only and reserves the right to accept or reject employment as a carrier. Private carriers include chartered cargo planes, ships, and buses and are generally not subject to the same regulatory restrictions as common carriers. Common carriers engaged in interstate transportation are regulated on the federal level pursuant to the COMMERCE CLAUSE of the U.S. Constitution, which provides that “[t]he Con- gress shall have Power … [t]o regulate Commerce … among the several States” (art. I, § 8, c l. 3). The government, through the INTERSTATE COMMERCE ACT (49 U.S.C.A. § 10101 et seq.), traditionally regulated charges for interstate transportation by common carriers. Beginning in the late 1970s and early 1980s, however, deregulation of the trucking industry reduced government involvement in establishing rates. Unless a statute states otherwise, a common carrier has broad authority to fix transportation rates so long as the rates are reasonable. In determining whether a rate is reasonable, a number of elements are considered. The most essential is the cost of transportation to the carrier, and others include the character and value of the items to be shipped; their weight, bulk, and ability to be handled; and the mileage to be covered. Though common carriers have a great deal of freedom to set interstate rates, they must follow procedures set forth by the INTERSTATE COMMERCE COMMISSION, including fil- ing rates with the commission and publishing them. A state possesses the authority to monitor and control the management and functions of common carriers operating within its borders and may set the prices charged by carriers doing business within the state. Most state laws require common carriers to file rate schedules with a state regulatory commission. A common carrier is obligated to provide the necessary facilities to transport the volume of goods expected and to exercise the reasonable care needed to transport the goods safely. In the case of perishable goods, such as frozen or fresh foods, the common carrier must provide refrigerated or ventilated cars to ensure their safe transportation. Likewise, when transporting livestock, a common carrier is required to provide adequate ventilation, bedding, and partitions. The common carrier may be liable for loss or injury to the livestock resulting from defects in the cars it uses to transport the animals. The carrier must follow any specific shipping directives provided by the shipper and if any instructions are ambiguous, the carrier must hold the goods until the shipper provides clarification. The shipper can select the route and manner by which the goods can be transported, but if no route is specified, the carrier is free to choose any convenient route that does not result in delay to the shipper. Subject to some exceptions, a common carrier is absolutely liable for loss or damage to the goods it receives for shipment. A common carrier is not liable for loss or injury to goods brought about by an ACT OF GOD,an event such as an unforeseeable flood that could be neither caused nor prevented through the exercise of proper care on the part of the carrier. A carrier could, however, be liable for an act of God if it is guilty of NEGLIGENCE after the discovery of an accident. For example, a fire started by lightning would ordinarily be consid- ered an act of God, but if the carrier discovered it early and did nothing to abate it, the carrier could still be liable for failing to exercise due diligence. In addition, a common carrier is not liable for a loss of goods when the loss is caused by the destruction or appropriation of the goods by the military forces of a “public enemy” at war with the domestic government. However, merely a DECLARATION of MARTIAL LAW will not relieve the common carrier of LIABILITY, and groups who are not functioning as military forces against the government are not considered public enemies. Thus, a common carrier remains liable for a loss of goods resulting from the acts of a mob, rioters, and strikers, even if the carrier was not negligent and took all possible precautions to prevent the loss. A carrier will not be held liable for injuries to goods that occur as a result of the shipper’s GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CARRIERS 263 negligence or misconduct. Furthermore, when the nature or value of the goods to be shipped is fraudulently concealed or misrepresented by the shipper, whether to obtain a lower shipping rate or for any other purpose, the carrier is not liable for any losses incurred. FRAUD can be established by the shipper’s silence regarding the value of the goods or by untruthful statements made by the shipper. If the shipper failed to notify the carrier about the nature of the contents of a particular shipment, the carrier is ordinarily exempt from liability if a loss occurs, even if the loss is due to negligence on the part of the carrier. A common carrier can restrict its liability for damages by clear and unambiguous terms contained in its contract with the shipper. Questions concerning the validity of such agree- ments are resolved by state law when shipments within a state are involved and federal law is applied to contractual disputes concerning inter- state shipments. A contractual provision releasing the carrier from liability must not contravene PUBLIC POLICY and a carrier that departs from the usual method or route for shipment may not rely upon any limitations on liability contained in the contract. Some common carriers, such as public buses and taxis, transport people from one place to another. A common carrier of passengers, also known as a public carrier, transports for hire all persons (within certain limitations) as a regular business and represents itself as being engaged in such a business. A public carrier can deny carriage to people who refuse to comply with its reasonable regulations, who are likely to present danger to other passengers, or who in some way interfere with the safe carriage of passengers. Common carriers of passengers are subject to extensive regulation by state and federal governments. Many states, for example, require by law that common carriers be inspected annually in order to protect people from the hazards of riding in vehicles that are poorly maintained. A common carrier that transports passengers may also make its own rules and regulations provided they are reasonable and will protect the interests of both the carrier and the passengers. A carrier of passengers is liable for injuries suffered by passengers as a result of its negligence but is not an insurer of its passen- gers’ safety. Instead, a common carrier is required to act with the utmost care, skill, and diligence to protect the safety of its passengers as may be mandated by the type of transporta- tion provided and the risk of danger inherent in it. Conversely, a private carrier of passengers must act with only reasonable care and diligence unless the contract for carriage provides other- wise, though so me jurisdictions hold a private carrier to the same duty as that applied to common carriers. Determining whether a carrier is a common carrier, and thus subject to a higher standard of care, was the subject of some LITIGATION in the late 1990s. For example, a California federal district court held in early 1995 that Disneyland, as the operator of an amusement park ride, qualified as a common carrier and thus should be held to a duty of utmost care and diligence for the safety of its passengers even though the chief purpose of the ride was to entertain and not transport travelers (Neubauer v. Disneyland, 875 F. Supp. 672 [C.D. Cal. 1995]). As a result, Disneyland was held liable for injuries the plaintiffs suffered when their boat on an amusement ride was rammed from behind by another boat. The court looked to the broad definition of a common carrier contained in state law and held that any narrowing of the term carrier should take place in the legislature and not in the court. Some courts have considered whether the age of the passenger affects the duty owed by a common carrier. The Iowa Supreme Court, for example, in 1995 considered whether a school bus owed an additional duty to a child injured as he was struck by a car after safely alighting the bus (Burton ex rel. Hawkeye Bank of Des Moines v. Des Moines Metropolitan Transit, 530 N.W.2d 696 [Iowa]). The court declined to extend the duty owed by drivers of school buses to ensure the safety of children alighting the vehicles, holding that the bus company had no duty beyond that owed by a common carrier to protect child passengers from dangers that may reasonably and naturally be anticipated. According to the co urt, once a passenger alights safely, the passenger (even when he or she is a child) is better able to guard against the danger of moving vehicles; thus, public policy did not support extending a carrier’s duty of care to include ensuring that the passenger safely crosses the street. Unless the carrier is negligent, it is not responsible to a passenger for injuries due to GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 264 CARRIERS natural causes and due to causes beyond the carrier’s control. A common carrier of passen- gers cannot ordinarily release itself from liability for injuries to a passenger caused by either willful, wrongful conduct or negligence on the part of the carrier. In some jurisdictions, though, a carrier can limit its liability for negligence in exchange for providing a reduced fare or free pass. However, such limitations on liability may be invalid if the reduced fare is not made optional and if passengers are not permitted to buy tickets that provide that the carrier’s liability is not limited. Like common carriers that transport goods, carriers of passengers have also been subject to deregulation by the federal government. The Airline Deregulation Act of 1978 (49 U.S.C.A. § 334, 1301 et seq.) gave AIRLINES almost complete discretion over rates, routes, and services offere d. Prior to passage of the act, the Civil AERONAUTICS Board, a federal agency, exercised exclusive control over pricing in the airline industry. Subsequent federal legislation also affected the responsibilities of carriers to their employ- ees and passengers. In 1990 Congress enacted the Americans with Disabilities Act (ADA) (42 U.S.C.A. § 12201 et seq.), which prohibits employment discrimination against a qualified individual with a disability. The ADA further prohibits a carrier covered by the act from discriminating against a qualified individual with a disability because of that disability in regard to job application procedures, hiring, advancement, discharge, compensation, train- ing, and other terms and conditions of employment. The ADA then sets forth in some detail the procedures that the carrier must follow in screening, interviewing, and hiring employees to ensure that individuals with disabilities are not subject to discrimination. In particular, the ADA requires that a carrier provide “reasonable accommodation” for the physical or mental limitations of a qualified applicant or employee with a disability unless the carrier can show that the accommodation would impose an “undue hardship” on busi- ness. According to the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION , a reasonable accom- modation is a modification or adjustment to a job, practice, or work environment that makes it possible for an individual with a disability to enjoy an equal employment opportunity. An undue hardship has been defined as an action that is unduly costly, extensive, substantial, or disruptive or that would fundamentally alter the nature or operation of the carrier’s business. The ADA has also affected the scope of a carrier’s responsibility to its passengers. Under the ADA, carriers of passengers such as buses and rail syste ms must ensure that their facilities are readily accessible to and usable by indivi- duals with disabilities by providing lifts, ramps, or other mechanisms. Airlines, which are not specifically covered by the ADA, are prohibited from discriminating against disabled individuals under the Air Carrier Access Act (ACAA), 49 U.S.C.A. § 1301 note, 1374, 1374 note, which was enacted in 1986. The ACAA provides that “[n]o air carrier may discriminate against any … handicapped indiv idual, by reason of such handicap, in the provision of air transportation” (42 U.S.C.A. § 1374). Like the ADA, it further provides that air carriers must make “reason- able accommodations” for disabled individuals traveling by air. FURTHER READINGS Astle, W. E. 1980. Shipping and the Law. London: Fairplay. Hegedus, L. E. 1992. “Shinault v. American Airlines, Inc.: Compensatory and Emotional Distress Damages under the Air Carrier Access Act.” Tulane Law Review 66. Lebedoff, David. 1997. Cleaning Up: The Story behind the Biggest Legal Bonanza of Our Time. New York: Free Press. Murphy, Betty Southard. 1993. “The Americans with Disabilities Act: How It Affects the Airline and Railroad Industries.” American Law Institute (April). CROSS REFERENCES Airlines; Diligence; Disability Discrimination; Negligence; Railroad; Shipping Law. CARRIER’S LIEN The right of an individual or organization that publicly advertises itself for hire for the transpor- tation of goods to keep possession of the cargo it has delivered to a destination until the person who is liable to pay the freight charges plus any other expenses incurred by its shipment has done so. Not all carriers are automatically entitled to have a LIEN for nonpayment of freight charges. A private carrier, one that does not offer its services to the public but transports goods pursuant to a special agreement, does not have a lien on property shipped unless provided by statute or under the terms of the carriage contract. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CARRIER’ S LIEN 265 When a carrier retains goods under a lien it must exercise reasonable care to protect the cargo. It will be liable for any damage to such property that might have been avoided if ordinary precautions had been taken. Damages resulting solely from the detention of the property are the responsibility of the person who has failed to pay the freight charges; he or she must absorb that loss. v CARRINGTON, EDWARD CODRINGTON Edward Codrington Carrington was born April 10, 1872, in Washington, D.C. He was admitted to the Maryland bar in 1894 and established his legal practice in Baltimore, specializing in corporation law. A supporter of the Progressive faction of the REPUBLICAN PARTY, Carrington served as cam- paign manager in Maryland for THEODORE ROOSEVELT in the primary election of 1912 while a member of the Republican National Conven- tion. During the same year, he advocated a Progressive National Convention and acted as a delegate to this convention. Carrington also served on the Progressive National Committee and headed the Progressive State Committee of Maryland. Carrington initiated proceedings in Maryland to combine the Progressives once again with the Republicans, and in 1914 he was nomi- nated by the Republicans for a seat in the U.S. Senate, but was defeated. He spent the remain- der of his life as a participant in business activities, which included his service as presi- dent of the Hudson River Navigation Corpora- tion. On December 30, 1938, Carrington died in Baltimore. CARRINGTON REPORT A report delineating proposed changes in legal education submitted by Professor Paul D. Carring- ton of the University of Michigan School of Law, chairman of the Cur riculum Study Project Com- mittee of the Association of American Law Schools (AALS), to the AALS on September 7, 1971. The Carrington Report represented the combined efforts of a committee of legal scholars, but Professor Carrington, due to his role as chairperson, was instrumental in com- piling the report. It aroused some controversy among legal educators and commentators at the time of its publication because of the extensive- ness of its proposed changes in LEGAL EDUCATION, particularly in terms of revisions of law school curricula. The Carrington Report challenges the tradi- tional requirements for a law degree: four years of undergraduate study and three years of law school. The report indicates that the contents and length of the traditional program inhibit the prompt, competent, and efficient delivery of necessary legal services to society. CARRY-BACK The name given to the method provided under federal tax law that allows a taxpayer to apply net operating losses incurred during one year to the recomputation of income tax owed to the government for three preceding taxable years. CARRY-OVER The designation of the process by whi ch net operating loss for one year may be applied, as provided by federal tax law, to each of several taxable years following the taxable year of such loss. Edward Codrington Carrington 1872–1938 ❖ ❖ ◆ 1872 Born, Washington, D.C. ◆ 1894 Admitted to the Maryland bar 1929 As president of Hudson River Navigation Corp., fought attempts by New York state to take over public utilities 1914 Nominated as Republican candidate for U.S. Senate from Maryland; defeated in election 1938 Died, Baltimore, Md. 1861–65 U.S. Civil War ◆ 1939–45 World War II ◆ ◆ 1931 Ran unsuccessful campaign for Manhattan Borough president 1912 Served as Teddy Roosevelt's presidential campaign manager in Maryland 1914–18 World War I ▼▼ ▼▼ 19001900 19251925 1950 1950 18501850 18751875 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 266 CARRINGTON, EDWARD CODRINGTON CARRYING CHARGES Payments made to satisfy expenses incurred as a result of ownership of property, such as land taxes and mortgage payments. Disbursements paid to creditors, in addition to interest, for extending credit. CONSUMER PROTECTION laws require full disclosure of all carrying charges. v CARSWELL , GEORGE HARROLD Through an unexpected appointment, G. Harrold Carswell secured nomination on January 19, 1970, to serve on the U.S. Supreme Court. The appointment by President RICHARD M . NIXON came a mere six months after Carswell was named to the federal appeals court. During highly politicized Senate confirmation hearings, the Republican nominee faced skepticism and concern over his qualifications for the Supreme Court. In the end, Carswell was unable to overcome the opposition to his appointment. On April 8, 1970, he became the second Nixon- appointed candidate to be rejected for the U.S. Supreme Court by the U.S. Senate. Carswell was born December 22, 1919, to a prominent family in Irwinton, Georgia. After graduating from Duke University in 1941 and from Mercer Law School in 1948, Carswell became a tria l attorney in private practice. In 1953 he was appointed by President DWIGHT D. EISENHOWER as U.S. attorney for northern Florida. Carswell held that post until 1958 when he was appointed by Eisenhower to the U.S. district court for the Northern District of Florida. At age thirty-eight, he was the nation’s youngest federal judge. In 1969 Carswell was appointed by Nixon to the U.S. Court of Appeals for the Fifth Circuit. Carswell’s ascent to the U.S. Supreme Court came on the heels of Nixon’s ill-fated nomination of Clement F. Haynsworth Jr. of South Carolina. Nixon had nominated Haynsworth to fill the ASSOCIATE JUSTICE seat vacated by ABE FORTAS, who had resigned from the High Court in 1969 under a cloud of ethical violations. Haynsworth, a conservative southerner and a judge on the U.S. Court of Appeals for the Fourth Circuit, had failed to win Senate confirmation by ten votes. By most standards Carswell was a jurist of marginal talents. In addition, evidence of racist conduct during the 1940s and 1950s brought Carswell’s fitness for the bench into serious question. His critics noted that as a lower-court judge Carswell had demonstrated a marked bias against African Americans. In addition, Carswell had made white supremacist com- ments during a 1948 campaign speech and had attempted as a U.S. attorney to prevent the integration of a public golf course. Although Carswell renounced the bigotry of his past, the damage to his reputation was irrepara ble. Carswell also suffered a reputation as a legal lightweight. His opponents noted that a dismal 58 percent of Carswell’s judicial decisions had been overruled by higher courts. In a vote of no confidence, the Ripon Society, a Republi- can group, rated Carswell’s performance as a federal judge well below the averag e level of competence. Carswell performed poorly during the SENATE JUDICIARY COMMITTEE hearings, reinforcing the assertion of his critics that he was an inept nominee. His confirmation chances were fur- ther weakened by a much-quoted observation offered in his support by Repub lican senator Roman Hruska, of Nebraska. The Midwestern politician argued that even if Carswell was mediocre, there were lots of mediocre judges, lawyers, and citizens who were entitled to some George Harrold Carswell 1919–1992 ❖ ❖ 1919 Born, Irwinton, Ga. ◆ 1941 Graduated from Duke University 1970 Nominated to U.S. Supreme Court by Nixon; failed to win Senate confirmation 1969 Appointed to U.S. Court of Appeals for the Fifth Circuit by President Nixon 1914–18 World War I ◆ 1961–73 Vietnam War 1939–45 World War II 1941–45 U.S. involvement in World War II; served in U.S. Navy 1950–53 Korean War 1953 Appointed as U.S. attorney for northern Florida 1958 Appointed to U.S. District Court for the Northern District of Florida ▼▼ ▼▼ 1900 1950 1975 2000 1925 ◆ ◆ 1992 Died, Tallahassee, Fla . ◆ I AM A SOUTHERNER BY ANCESTRY , BIRTH, TRAINING, INCLINATION, BELIEF, AND PRACTICE. —GEORGE CARSWELL GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CARSWELL , GEORGE HARROLD 267 . gunfire with police officers, leading to the conviction of one of its founders, HUEY P. NEWTON.As hono rary prime minister of the BPP, GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 26 0 CARMICHAEL,. Senate 1843–45 Attended West Point ▼▼ ▼▼ 18001800 18501850 18751875 19001900 1 825 1 825 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 26 2 CAROLENE PRODUCTS FOOTNOTE CARRIERS Individuals or businesses that. legal education submitted by Professor Paul D. Carring- ton of the University of Michigan School of Law, chairman of the Cur riculum Study Project Com- mittee of the Association of American Law Schools (AALS),