British Book Awards in London in April of 2005. At age 54, when his second term ended, Clinton was the youngest ex-president since THEODORE ROOSEVELT. Although he underwent quadruple bypass surgery in 2004, and follow-up corrective surgery a year later, the ex-president is generally in good health, and he has carved a niche as elder statesman. He has spoken at various events, including a 2003 global confer- ence on fighting AIDS and a 2005 visit by evangelist Billy Graham to New York. In 2003 the CBS television network reunited Clinton with former senator ROBERT DOLE,whomClinton had defeated in the 1996 presidential election, in a regular piece on the news program 60 Minutes, where the former politicians debated current political issues. In addition, Clinton has estab- lished programs to combat child obesity in the United States, in conjunction with the American Heart Association. In cooperation with George H. W. Bush, Clinton has coordinated efforts to raise mone y for the victims of the 2004 South Asian tsunami and hurricanes Katrina and Rita, which devas- tated the U.S. Gulf Coast in 2005. Early in 2005 UNITED NATIONS Secretary General Kofi Annan appointed Clinton as an envoy for tsunami reconstruction. When the hurricanes damag ed New Orleans, Louisiana, and surrounding areas in Septemb er of that year, the former presidents collaborated on another relief effort, with Clinton visiting the region. In 2004 Clinton won a Grammy Award for best spoken word album for children for a recording of Prokofiev: Peter and the Wolf/ Beintus: Wolf Tracks. He shared the award with former Soviet president Mikhail Gorbachev and actress Sophia Loren. During that same year, the William J. Clinton Presidential Center in Little Rock, Arkansas, opened, and the Clinton Library and Clinton Museum Store within the center compiled The BILL CLINTON Collection: Selections from the Clinton Music Room, an 11-track CD featuring John Coltrane, Miles Davis, and other musicians. For their work for DISASTER RELIEF, Clinton and GEORGE H.W. BUSH received the 2006 Liberty Medal from the Philadelphia-based National Constitution Center. Clinton also received the Humanitarian of the Year award from the T.J. Martell Foundation. Clinton’s book Giving: How Each of Us Can Change the World was published by Knopf in September of 2007. Clinton has continued to support Demo- cratic candidates and spent much of early 200 8 helping his wife, a U.S. senator from New York since 2001, campaign for the Democratic nomination for president. He criticized her chief opponent, U.S. Sen. BARACK OBAMA, in key early primary states in January. His speeches were seen as helping Sen. Clinton win New Hampshire but backfiring and contributing to her loss in South Carolina. As her campaign continued, he focused more on promoting her, rather than attacking Obama. Clinton has not kept a low profile, and he continued to gain the spotlight in 2009. In May of that year, he was nam ed United Nations special envoy to Haiti. And in August, he met with North Korean leader Kim Jong-Il, success- fully negotiating a PARDON of journalists Laura Ling and Euna Lee from their imprisonment in North Korea. The women had been detained since March 2009 on charges they entered the country illegally and co mmitted hostile acts against North Korea. Until their release, Ling and Lee faced spending 12 years in a labor camp. Clinton’s visit was touted by many as a great success, but the act was certainly not applauded by all, due most to the controversial negotiations with such a volitile leader in a country with whom the U.S. does not have diplomatic relations. Clinton’s visit was not “official” and not sanctioned officially by the Obama administration, but it certainly seemed to cemen t the former president’s “rock star” status. Clinton continues his philanthropic work with the William J. Clinton Foundation. His charitable work continues to be balanced out by reports of his friendships/dealings with question- able billionaire business associates (Vanity Fair magazine has been relentless in their Clinton coverege, including a 10,000 word story it ran in 2008 that detailed his post-presidentancy behavior). Whatever he is doing, he is active on the world stage and garners good and bad press, showing no signs of slowing down. FURTHER READINGS Clinton, Bill. 2007. Giving: How Each of Us Can Change the World. New York: Knopf. ———. 2004. My Life. New York: Knopf. ———. 1996. State of the Union address, January 23. Transcript available at 1996 WL 23253 (White House) GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 478 CLINTON, WILLIAM JEFFERSON and at the Democratic National Committee Web site www.democrats.org/contact/president/union.html. ———. 1995. Clinton Administration Accomplishments. Washington, D.C.: U.S. Government Printing Office. Executive Office of the President. Office of Management and Budget. 1993. A Vision of Change for America. February 17. Gartner, John. 2008. In Search of Bill Clinton: A Psychological Biography. New York: St. Martin’s Press. Johnson, Haynes Bonner. 2001. The Best of Times: America in the Clinton Years. New York: Harcourt. CROSS REFERENCES Armed Services; Gay and Lesbian Rights; Voting; Presiden- tial Powers; Veto. CLOSE A parcel of land that is surrounded by a boundary of some kind, such as a hedge or a fence. To culminate, complete, finish, or bring to an end. To seal up. To restrict to a certain class. A narrow margin, as in a close election. A person can close a bank account; a trial may be closed after each lawyer has concluded his or her presentation in the case at bar. CLOSE WRIT In English law, a certain kind of letter issued by the sovereign that is sealed with the great seal indicating his or her office and directed to a particular person and for a special purpose. A close writ—unlike a patent writ—is closed up, sealed on the outside, and not open to inspection by the public. In former times, such a WRIT could have been directed to the sheriff rather than the lord of a particular manor. CLOSED ACCOUNT A detailed statement of the mutual debit and credit demands between parties to which no further changes can be made on either side. A closed account is distinguishable from an account stated, which remains open for the purposes of adjustment and SET-OFF. CLOSED CORPORATION A type of business corporation that is owned and operated by a small group of people. A closed corporation is also known as a close corporation, a family corporation, an incorporated PARTNERSHIP, and a chartered partnership. In this type of corporation all of the functions are usually performed by the same parties. These individuals serve as shareholders, officers, and directors and are involved in the management and operation of the business. A closed corporation differs from a publicly held corpo- ration since its stock is neither issued nor traded to the public at large. CLOSED SHOP A shop in which persons are required to join a particular union as a precondition to employment and to remain union members for the duration of their employment. The federal N ational Labor Relations Act (NLRA) (29 U.S.C .A. §§ 151 et seq.) protects the rights of workers to organize and bargain coll ectively and prohibits management from engaging in unfair labor practices that would interfere with these rights. Popularly known as the WAGNER ACT, the NLRA was signed into law by President FRANKLIN D. ROOSEVELT on July 5, 1935. Among the workers’ rights legalized by the NLRA was the right to enter into a “closed shop” agreement. It differs from a UNION SHOP, in which all workers, once employed, must become union members within a specified period of time as a condition of their continued employment. Closed shop agreements ensured that only union members who were bound by internal union rules, including those enforcing worker solidarity during strikes, were hired. As WORLD WAR II ended a decade after the NLRA was enacted, unions sought to make up the pay cuts caused by wage freezes during the war, resulting in a rash of strikes. Many people viewed these strikes as economically destructive, and union practices, such as closed shop agreements, became increasingly unpopu- lar. Critics of the closed shop contended that it allowed unions to monopolize employment by limiting membership or closing it altogether. They also argued that the closed shop allowed unions to force unwilling individuals to give them financial support. In response to these criticisms, Congress amended the NLRA in 1947, with the adoption of the Labor-Management-Relations Act (29 U.S.C.A. §§ 151 et seq.). Known as the TAFT-HARTLEY ACT, this law placed many restric- tions on union activities. It limited PICKETING rights, banned supervisory employees from participating in unions, and restricted the right GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CLOSED SHOP 479 to STRIKE in situations where the PRESIDENT OF THE UNITED STATES and Congress determined that a strike would endanger national health and safety. The Taft-Hartley Act prohibited secondary boycotts, wherein a union incites a strike by employees of a neutral or “secondary” party, such as a retailer, in order to force the secondary party to cease DOING BUSINESS with the party with whom the union has its primary dispute, such as a manufacturer. The Taft-Hartley Act also allowed individual states to ban the union shop by passing RIGHT-TO-WORK LAWS that prohibited employees from being required to join a union as a condition of receiving or retaining a job. Section 8(a)(3) of the Taft-Hartley Act specifically outlawed the closed shop but did allow a collectively bargained agreement for a union shop, provided certain safeguards were met. Under the union shop PROVISO, a union and an employer could agree that employees must join the union within thirty days of employment in order to retain their jobs. Section 8(a)(3) stated, in relevant part, It shall be an UNFAIR LABOR PRACTICE for an employer—… (3) by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization: Provided, that nothing in this subchapter, or in any other statute of the United States, shall preclude an employer from making an agreement with a labor organization … to require as a condition of employment membership therein on or after the thirtieth day following the beginning of such employment or the effective date of such agreement … if such labor organization is the representative of the employees…. Provided further, that no employer shall justify any discrimination against an employ- ee for nonmembership in a labor organiza- tion (A) if he has reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to other members, or (B) if he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uni- formly required as a condition of acquiring or retaining membership. Some observers believe that the ABOLITION of the closed shop helped to minimize racial discrimination by unions. The Wagner Act allowed unions to effectively shut out black employees from employment opportunities and benefits by simply refusing them membership. The Taft-Hartley Act curtailed this practice by prohibiting the negotiation of security agree- ments that limited employment opportunities to union members. FURTHER READINGS Baker, Joan E. 1989. “NLRA Section 8(a)(3) and the Search for a National Labor Policy.” Hofstra Labor Law Journal 7 (fall). Ballam, Deborah A. 1995. “The Law as a Constitutive Force for Change, Part II: The Impact of the National Labor Relations Movement on the U.S. Labor Movement.” American Business Law Journal 32. Devaney, Dennis M., and Susan E. Kehoe. 1993. “The NLRB Takes Notice to the Max in Paramax.” Hofstra Labor Law Journal 11, no. 1 (fall). Glick, Carol A. 1989. “Labor-Management Cooperative Programs: Do They Foster or Frustrate National Labor Policy?” Hofstra Labor Law Journal 7 (fall). Larson, Reed. 1999. Stranglehold: How Union Bosses Have Hijacked our Government. National Right to Work Legal Defense Foundation. Mihlar, Fazil, ed. 1997. Unions and Right-to-Work Laws: The Global Evidence of their Impact on Employment. Vancouver, BC: Fraser Institute. Available online at http://oldfraser.lexi.net/publicati ons/books/uni ons/; website home page: http://oldfraser.lexi.net (accessed July 14, 2009). Plass, Stephen A. 1992. “Arbitrating, Waiving, and Deferring Title VII Claims.” Brooklyn Law Review 58 (fall). Turner, William D. 1994. “Restoring Balance to Collective Bargaining: Prohibiting Discrimination against Eco- nomic Strikers.” West Virginia Law Review 96 (spring). CROSS REFERENCES Collective Bargaining; Labor Law; Labor Union. CLOSELY HELD A phrase used to describe the ownership, manage- ment, and operation of a corporation by a small group of people. In a closely held corporation, the same people often act as shareholders, directors, and officers, and no outside investors exist. CLOSING The final transaction between a buyer and seller of real property. At the closing, all agreements between buyer and seller are finalized, documents are signed and exchanged, money passes to the seller, and title to the property passes to the buyer. Closings generally take place at the office of the title company, which issues TITLE INSURANCE to both buyer and lender. This insurance is issued after the title company has researched the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 480 CLOSELY HELD CHAIN OF TITLE to the property and cleared any matter that might interfere with a successful transfer of title. Both the buyer and the seller may be represented by attorneys who review the closing package, which may include more than twenty- five documents and affidavits required by a raft of regulations. The buyer’s attorney, if any, also reviews the title company’s research to ensure that the buyer receives CLEAR TITLE. An agent of the title company conducts and facilitates the closing. At the closing, the buyer reviews and endorses all loan documents, which may include the following: n the MORTGAGE, n the PROMISSORY NOTE by which the buyer promises to pay the loan and interest in full, n a truth-in -lending statement, in which the lender informs the buyer of the approxi- mate annual percentage rate over the term of the loan, n various affidavits and inspection forms, n a survey form indicating that the buyer has seen and understands the survey, and n a private mortgage insurance application, if required. The seller also endorses a number of documents at the closing. These may include the following: n the deed transferring title to the buyer, n a BILL OF SALE transferring ownership of any PERSONAL PROPERTY included in the sale, n any required affidavits, such as affidavits concerning mechanic’s liens or inspections, and, n in the case of new construction, a certifi- cate of occupancy. Among the documents that both the buyer and the seller sign are an AFFIDAVIT indicating the source of the funds the buyer is using to purchase the property, and a SETTLEMENT STATE- MENT showing all the costs associated with the transaction. This statement, required by the REAL ESTATE SETTLEMENT Procedure Act of 1974 (RESPA) (12 U.S.C.A. § 2601 et seq.), is One-Family Houses Sold, 1990 to 2007 2,914 3,519 4,603 4,734 4,957 5,443 5,958 6,180 5,677 4,939 776 1,051 1,283 534 667 877 908 973 1,086 1,203 0 7,000 6,000 5,000 4,000 3,000 2,000 1,000 1990 1995 2000 2001 2002 2003 2004 2005 2006 2007 Year Number of one-family houses, in thousands SOURCE: U.S. Census Bureau, “New Residential Sales,” available online at http://www.census.gov/const/www/ newressalesindex.html (accessed on August 12, 2009), and the National Association of REALTORS, Real Estate Outlook; Market Trends and Insights, monthly. Existing houses New houses ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION CLOSING 481 required in all transactions involving a mort- gage from any lender whose funds are federally insured or regulated. RESPA mandates full disclosure by the lender of all the terms and conditions of the loan, as well as a good-faith estimate of the buyer’s closing costs. These may include fees for the loan origination process, credit report, APPRAISAL, TITL E SEARCH, survey, and administrative procedures. At closing, the buyer also pays the contract sale price, minus any EARNEST MONEY deposited, usually in certified funds; loan discount fees, or points, charged by the lender to obtain the mortgage; and attorneys’ fees. The buyer is often required to purchase separate buyer’sandlender’s title insurance policies, although in some areas this expense is split between buyer and seller. Once all the necessary signatures have been obtained and the monies have been disbursed, the buyer takes possession of the property. In some areas, it is customary to allow the seller a short period of time to vacate the premises; in other areas, the seller may be expected to move out before the closing. If any disputes arise at closing, the title company may ESCROW a portion of the funds to SETTLE the dispute later so that the closing can be concluded. FURTHER READINGS Gadow, Sandy. 2003. The Complete Guide to Your Real Estate Closing: Answers to All Your Questions—from Opening Escrow, to Negotiating Fees, to Signing the Closing Papers. New York: McGraw-Hill. Glink, Ilyce R. 2005. 100 Questions Every First Time Home Buyer Should Ask: With Answers from Top Brokers from around the Country. 3d ed. New York: Random House. Irwin, Robert. 2003. Home Closing Checklist. New York: McGraw-Hill. vom Eigen, Ann. 1999. “Proposed RESPA/TILA Changes— The Lawyer’s Role in Residential Real Estate Closings.” Probate & Property 13 (January-February). CLOSING ARGUMENT The final factual and legal argumen t made by each attorney on all sides of a case in a trial prior to a verdict or judgment. Just as trials begin with attorneys making statements about the case, they end with a direct address to the judge or jury. The OPENING STATEMENT lays out what each side intends to prove; the CLOSING ARGUMENT, which is generally more forceful, has broader ambitions. By recapitulating the facts, EVIDENCE, and testimony presented during the trial, the closing ARGUMENT tries to deal a fatal blow to the opposing case while definitively proving the attorney’s own. Trial lawyers put great emphasis on their closing argument, or summation, because it is their last chance to be persuasive before the judge or jury begins deliberations. An art form in itself, the closing argument often brings forth a trial’smost dramatic speech, marked by criticism, appeals to emotion and reason, and florid rhetoric. Tradition dictates only a few rules for closing arguments. Generally, in civil actions, the plaintiff’s attorney speaks first and the defendant’s COUNSEL immediately follows. In criminal trials, the prosecution gives its sum- mation, followed by that of the defens e. In addition, the plaintiff’s counsel or the PROSECU- TOR is allowed time for a rebuttal argument. The reason for this additional time is that the BURDEN OF PROOF is on the PLAINTIFF or prosecution; thus, the plaintiff’s attorney or the prosecutor is allowed t o reply to the defense’s closing argument. Attorneys see the rebuttal as a useful weapon, as it is the last word to be heard from counsel in a case. Closing arguments and rebuttals vary in duration. Hollywood court dramas often make the closing argument a brief, terse statement; in real life, it can go on much longer. Summations lasting an hour or more are typical. Depending on the complexity of a case, the entire summa- tion period may last several days, particularly in jury trials where numerous WITNESSES and A defense attorney presents his closing argument in a murder trial. At the end of a trial, attorneys for each side have the opportunity to address the judge or jury directly. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 482 CLOSING ARGUMENT difficult SCIENTIFIC EVIDENCE have been presented. However, most attorneys avoid droning on, for fear of losing the jury’s attention or possibly incurring its antagonism. Ultimately, the length of a closing argument is left to the discretion of the judge, who may impose a time limit. Judges can also sustain objections by the opposing side if the scope of the rebuttal is deemed too far-reaching. Throughout history, rhetoric has assumed a high place in summations. Orato rs, including attorneys, have always known that style in a speech can be as persuasive as substance. The colonial prosecutor Josiah Quincy peppered his closing arguments with rich flourishes of indignation. “Does the law allow one member of the community to behave in this manner towards his fellow citizens,” Quincy thundered during the trial of British soldiers accused of murdering protesters in the Boston Massacre of 1770, “and then bid the injured party be calm and moderate?” He went on to quote Shake- speare. But he met his match in attorney JOHN ADAMS , whose summation helped win the soldiers’ ACQUITTAL. Adams argued that any soldier “would be warranted in depriving those of life who were endeavoring to deprive him of his. That is a point I would not give up for my right hand, nay, for my life.” In an age when jury consultants warn about short attention spans, contemporary attorneys shy away from arch rhetoric. Most lawyers want to reach the jury’s emotions through plain, but pointed, speech. Rhetorical questions are still used powerfully; quotations from literature are featured to a somewhat lesser extent. Charts, graphs, and even photographs play a large role in keeping juries focused. Both the prosecution and the defense calculatedly used props to under- score their arguments about brothers Erik Menendez and Lyle Menendez, who were tried in California in late 1993 for the MURDER of their parents. Arguing that the murders were inten- tional, Prosecutor Pamela Bozanich displayed a photograph of the bloodied corpses. Defense Attorney Jill Lansing countered by tacking up a nude photograph of Lyle, reminding the jury that her clients claimed to have been sexually abused and saying, “You need to decide what was going on in Erik and Lyle Menendez’smind that night before you decide what kind of crime was committed.” The first trial ended in a MISTRIAL. The brothers were retried and found GUILTY of first degree murder on March 21, 1996. FURTHER READINGS Alexander, Donald G. 2002. “Preparing for More Effective Closing Argument.” Maine Bar Journal 17 (summer). Baldwin, Scott, and Francis H. Hare, Jr. 1997. Scott Baldwin on Jury Arguments. Colorado Springs, CO: Wiley Law. Gonzalez, Ervin A. 2002. “Ten Tips for Closing Argument.” The Practical Litigator 13 (March). Kunstler, William M. 1962. The Case for Courage. New York: Morrow. Lief, Michael S., H. Mitchell Caldwell, and Benjamin Bycel. 2000. Ladies and Gentlemen of the Jury: Greatest Closing Arguments in Modern Law. New York: Simon & Schuster. Mauet, Thomas A. 2007. Fundamentals of Trial Techniques. 7th ed. Frederick, MD: Aspen. McElhaney, James W. 2002. “Close with a Big Finish.” ABA Journal 88 (November). CLOTURE The procedure by which debate is formally ended in a meetin g or legislature so that a vote may be taken. Cloture is a means of terminating a FILIBUSTER, which is a prolonged speech on the floor of the Senate designed to forestall legislative action. CLOUD ON TITLE An apparent claim or encumbrance, such as a lien, that, if true, impairs the right of the owner to transfer his or her property free and clear of the interests of any other party. The existence of a CLOUD ON TITLE casts doubt upon the ability of an owner of real property to convey MARKETABLE TITLE to his or her land, thereby lessening its value. The owner must present EVIDENCE to dispel the cloud on title if he or she wants to transfer ownership free of legal uncertainty. One method to remove a cloud on title is the commencement of an action to quiet title. CLUB A club consists of an organization composed of people who voluntarily meet on a regular basis for a mutual purpose other than educational, reli- gious, charitable, or financial pursuits. A club is any kind of group that has members who meet for a social, literary, or political purpose, such as health clubs, country clubs, book clubs, and women’s associations. The term club is not a legal term per se, but a group that organizes itself as a club must comply with any laws governing its organization and otherwise be cognizant of the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CLUB 483 legal ramifications in undertaking to organize itself in this manner. Various types of clubs exist. An incorporated members’ club is composed of a group of individuals who each contribute to the club’s funds, which are used to pay the expenses of conducting the society. An unincorporated PROPRIETARY club is one whose proprietor owns the property and funds and conducts the club to attempt to make a profit. The members are entitled to use the premises and property in exchange for the payment of entrance fees and subscriptions to the proprietor as well as any additional rights and privileges provided in their contractual agreem ent. An incorporated club is generally governed by state statute. Many statutes provide for the incorporation of clubs, and the statutory requirements must be strictly observed. A statute may require that an application for incorporation state the purposes of the club in a definitive manner to help the court determine whether the objective of the club is legal. In addition, the application should state the manner in which club revenues are to be provided and the basis upon which an individ- ual may become a member of the club. A club’s certificate of incorporation should indicate PECUNIARY means (i.e., funds, money, property), describe the objective of the club, and specify a place of business or office. If a club is unincorporated, the rules that govern associa- tions apply. Voluntary clubs are not partnerships, be- cause the members do not join them for profit- making purposes and, unlike partners, are not responsible for the acts of each other. If a club’s members do unite for a commercial venture, During 2002 and 2003, William W. “Hootie” Johnson, chairman of the private, all-male Augusta National Golf Club, engaged in a publicized dispute over the club ’s membership policies. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 484 CLUB however, this association would constitute a PARTNERSHIP. In such cases, a club might be required to comply with state law governing partnerships. Purpose and Objective The purpose and objective of a club must be in compliance with the law and in the best interests of the community, whether a club is incorporated or not. An application for a club CHARTER will be denied if the proposed BYLAWS provide for illegal methods of management. The POLICE POWER of the state encompasses the supervision of amusements and thereby regulates clubs to make sure that the objectives of these organizations are lawful and that the organizations do not become harmful to society. Statutes may authorize the revocation of a club’s charter if the club conducts unlawful activities. Constitution and Bylaws The constitution and bylaws adopted by a club constitute a binding contract between the club and its members. There is a presumption that every member of the club is acquainted with its rules. The rules and bylaws of a club must provide for the selection of officers, handling of money or property, sele ction of members, and dissolution or disbanding of the club itself. A club’s rights and powers are usually governed by applicable statutes and the club’s own charter, constitution, and bylaws. Clubs ordinarily have the power to acquire and convey real property, to hold REAL ESTATE, and to obtain suitable buildings for their accommodation, as well as to borrow money for such purposes. Private clubs have the right to immunity from public interference, since public authori- ties have no power to interfere with a private club’s festivities when they are organized for a legitimate purpose and do not constitute a BREACH OF THE PEACE. Liabilities If a contract is made by a club’s duly authorized agent on its behalf, then the club will be liable under the contract. A MEMBERSHIP CORPORATION is subject to strictly limited powers and well- defined methods of procedure, and anyone dealing with such a club is deemed to know this information. Unincorporated clubs are not liable for members’ debts. Concerning liability to its members for torts, an incorporated club that has a clubhouse and is financed by membership dues is financially responsible for injuries due to its NEGLIGENCE. Similarly, a club, whether incorporated or not, that maintains a clubhouse has a duty to keep the premises reasonably safe for its members. It also has a duty to inform and warn guests of all dangers related to the enjoyment of club privileges that are not immediately observable. A club may have various responsibilities to nonmembers. For example, a hunting club may be required to carry insurance in case of an accidental injury within its boundaries. Similarly, a club owes invitees on club property the duty to exercise ordinary care to prevent them from being injured. Protecting Civil Rights Almost every organization that provides food, drink, lodging, or entertainment must obey the federal CIVIL RIGHTS laws and any applicable state statutes. The federal laws are designed to protect all people from interference with their right to get a job or education, participate in govern- ment, and enjoy public accommodations. Private membership clubs are exempted from these civil rights laws in order to preserve their rights to privacy and freedom of associa- tion. In attempting to determine whether an organization genuinely deserves private club status, courts have conside red a number of factors, including the club’s criteria for admis- sion, membership fees, membership control over the organization’s operations, and use of facilities by nonmembers. Because the courts have applied these factors on a case-by-case basis, the results have been inconsistent. For example, recreational sports clubs such as golf, tennis, fishing and hunting, private dining, and swimming clubs have generally been found to provide public accommodations. Fraternal orders and lodges have proven to be more difficult to categorize. In four decisions dealing with these types of organizations, the Supreme Court narrowed the definition of freedo m of association and upheld the co nstitutionality of state statutes designed to keep private clubs from discriminating. The Jaycees In the first case, ROBERTS V. UNITED STATES JAYCEES , 468 U.S. 609, 104 S. Ct. 3244, 82 L. Ed. 2d 462 (1984), the Supreme Court addressed the constitutionality of a state public GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CLUB 485 accommodations law that had been applied to a private club. The club, the U.S. Jaycees, a major national and international civic organization, had been ordered by the Minnesota Department of HUMAN RIGHTS to accept women as full members. The Court rejected the Jaycees’ argument that this order violated its constitu- tional rights. In its decision, the Court identified two distinct types of protected associations: intimate associations and expressive associations. According to the Court, intimate associa- tions, such as families, are distinguished by “relative smallness, a high degree of selectivity in decisions to begin and maintain the affilia- tion, and seclusion from others in critical aspects of the relationship.” Such associations are always subject to protection, the Court said, whereas large business enterprises are not. Private clubs such as the Jaycees fall somewhere in between the two. According to the Court, factors that may be relevant in determining whether a particular organization is an intimate association include “size, purpose, policies, selectivity, [and] congeniality.” The Court concluded that the Jaycees is not subject to protection as an intimate association because its chapters are large and unselective. With regard to the Jaycees’ rights as an expressive association, the Court acknowledged that the organization has the right to associate with others for political, social, economic, educational, religious, and cultural purposes. However, the Court held that this right may be infringed by compelling state interests such as the desire to eliminate SEX DISCRIMINATION. The Court concluded that Minnesota had such a compelling interest in ensuring women equal access to the leadership skills, business contacts, and employment promotions offered by the Jaycees. Rotary Clubs Three years after Roberts, the U.S. Supreme Court decided Board of Directors v. Rotary Club, 481 U.S. 537, 107 S. Ct. 1940, 95 L. Ed. 2d 474 (1987). This case involved the application of the Unruh Civil Rights Act (Cal. Civ. Code § 51 [West 1996]), a California statute that prohibits gender DISCRIMINATION by all “business establishments,” to Rotary clubs. The Rotary is a major national and international service club. The Supreme Court held that application of the act to require the Rotary to admit women as members did not violate the club’s FIRST AMENDMENT right to intimate or expressive association. The Court pointed out that Rotary chapters range in size from 20 to more than 900 members, the organization has a high dropout rate, and many club activities are carried out in the presence of visitors. In finding that application of the Unruh Act would not interfere significantly with the Rotary’srightto expressive association, the Court stated: “Indeed, by opening membership to leading business and professional women in the community, Rotary Clubs are likely to obtain a more representative cross section of community leaders with a broadened capacity for service.” New York Clubs In 1988, in New York State Club Ass’n v. City of New York, 487 U.S. 1, 108 S. Ct. 2225, 101 L. Ed. 2d 1 (1988), an association of 125 private clubs challenged the constitu- tionality of a New York City public accommo- dations ordinance that prevents discrimination. The ordinance, Local Law No. 63 of 1984, exempts clubs that are “distinctly private” in nature, specifically excluding from that status any club that has more than 400 members, serves meals on a regular basis, and receives payments directly or indirectly from nonmem- bers in the pursuit of business. The Court rejected the clubs’ challenge to the ordinance, finding that the law could be validly applied. In this case, the Court went beyond its decisions in Roberts and Rotary by approving a statutory presumption that large clubs that serve food and receive payments from nonmembers are not entitled to First Amendment protection. The Court emphasized the fact that significant commerce occurs at most of the clubs and that “business deals are often made and personal contacts valuable for business purposes, em- ployment and professional advancement are formed.” Such characteristics, according to the Cour t, are significant in determining the nonprivate nature of clubs. The law upheld by the Court in this case narrowed the definition of a private club in order to remedy a situation deemed inappropriate by a legislative body. Boy Scouts of America The Supreme Court clarified its position on the reach of civil rights laws in Boys Scouts of America v. Dale, 530 U.S. 640, 120 S. Ct. 2446, 147 L. Ed. 2d 554 (2000). The Court, in a 5–4 decision, held that forcing the Boy Scouts of America (BSA) to acce pt gay troop leaders would violate its rights of free expression and free association under the First Amendment. The BSA is a private association GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 486 CLUB and, therefore, is not subject to state and federal public accommodation laws. The Supreme Court tied this ruling to its previous decision in Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston, 515 U.S. 557, 115 S. Ct. 2338, 132 L. Ed. 2d 487 (1995). In Hurley, the Court ruled that the sponsor of Boston’s St. Patrick’sDayparade could not be forced to let a group of gays and lesbians participate. The Court held that parades are a form of expression and that the sponsors could not be forced to include “agroup imparting a message the organizers do not wish to convey.” Public Opinion Despite the fact that private clubs may be exempt from civil rights laws, they are still subject to the power of public opinion. In 2002 the National Council of Women’s Organiza- tions (NCWO), which has approximately six million members from more than 100 groups, announced that it would seek the admittance of women members to the Augusta National Golf Club in Augusta, Georgia. The club, with a membership of 300, is the home of the prestigious Masters Golf Tournament. When NCWO stated that it would contact television sponsors of the Masters to seek their help in applying pressure, the club announced it would forgo advertising revenue for the 2003 tourna- ment. The controversy generated friction within the membership, with some members urging the admittance of women and some resigning in protest at the club’s actions in dealing with the demands of NCWO. The NCWO pressed the CBS network not to televise the 2003 tourna- ment but was rebuffed by the network. The story made something of a celebrity of Martha Burk, who was president of the NCWO in 2002 and 2003. However, Augusta National refused to change its policy, and the issue died down after the 2003 Masters. FURTHER READINGS Cokorinos, Lee. 2003. The Assault on Diversity: An Organized Challenge to Racial and Gender Justice. New York: Rowman & Littlefield. Hopkins, Bruce R. 2007. The Law of Tax-Exempt Organiza- tions. 9th ed. Hoboken, N.J.: Wiley. Koppen, Margaret E. 1993. “The Private Club Exemption from Civil Rights Legislation—Sanctioned Discrimina- tion or Justified Protection of Right to Associate?” Pepperdine Law Review 20. Lauren, Paul Gordon. 1996. Power and Prejudice: The Politics and Diplomacy of Racial Discrimination. 2d ed. New York: Westview Press. Sawyer, Thomas. 1993. “Private Golf Clubs: Freedom of Expression and the Right to Privacy.” Marquette Sports Law Journal 3 (spring). Worth, Diane S., and Nancy M. Landis. 1991. “Does Membership Have Its Privileges? The Limits on Permissible Discrimination in Private Clubs.” Journal of the Kansas Bar Association 60 (June-July). CROSS REFERENCES Gay and Lesbian Rights; Women’s Rights. CO A prefix that denotes jointness or the state of being conjunct or united. To be together, with, or not separate from; conjoint or combined. A corespondent in a lawsuit is one who is joined as a DEFENDANT in the suit. A co-owner is a person who owns something in conjunction with another person. A co-administrator is one who jointly handles the management of prop- erty with one or more persons. v COBB, THOMAS READE ROOTES Thomas Reade Rootes Cobb achieved promi- nence as a legislator and was known for his staunch secessionist views. He was born April 10, 1823, in Jefferson County, Georgia. An 1841 graduate of the University of Georgia, Cobb was admitted to the Georgia bar the following year. As a jurist he achieved prominence for his authorship of legal publications, including A Digest of the Statute Laws of the State of Georgia, which was published in 1851, and for his editorial efforts on 20 volumes of books containing the reports of the Georgia Supreme Court. From 1858 to 1861 he participated in the organization of the Georgia criminal code. Cobb advocated the secession of Georgia from the Union. He was instrumental in the drafting of the new state constitution of Georgia in 1861 at the Georgia secession convention and participated in the creation of the Constitution of the CONFEDERACY. He was serving as a brigadier general in the Civil War when he was fatally wounded at the Battle of Fredericksburg. He died on December 13, 1862. NEGRO SLAVERY, AS IT EXISTS IN THE U.S., IS NOT CONTRARY TO THE LAW OF NATURE . —THOMAS COBB GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION COBB, THOMAS READE ROOTES 487 . 104 S. Ct. 324 4, 82 L. Ed. 2d 4 62 (1984), the Supreme Court addressed the constitutionality of a state public GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION CLUB 485 accommodations law that had. 20 07 2, 914 3,519 4,603 4,734 4,957 5,443 5,958 6,180 5,677 4,939 776 1,051 1 ,28 3 534 667 877 908 973 1,086 1 ,20 3 0 7,000 6,000 5,000 4,000 3,000 2, 000 1,000 1990 1995 20 00 20 01 20 02 2003 20 04 20 05 20 06 20 07 Year Number of one-family houses, in thousands SOURCE: U.S. Census Bureau,. Battle of Fredericksburg. He died on December 13, 18 62. NEGRO SLAVERY, AS IT EXISTS IN THE U.S., IS NOT CONTRARY TO THE LAW OF NATURE . —THOMAS COBB GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION COBB,