Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P55 ppsx

amenable to SERVICE OF PROCESS unless it has a substantial and regular relationship with the state comparable to the residency of an individual, such as having its corporate head- quarters in the forum state. In cases involving subsidiary corporations, the intrastate business engaged in by a subsidiary is sufficient to make its parent corporation amenable to process in the state because the parent corporation is deemed to be doing business in the state. The laws of each state must be consulted to determine whether a foreign corporation is doing business within a state to make it amenable to process therein. The phrase doing business is sometimes used in the assessment of local taxes upon a nonresident corporation in jurisdictions ot her than the place of its incorporation i n which it engages in business. v DOLE, ROBERT JOSEPH Robert Joseph “Bob” Dole overcame childhood poverty and a wartime injury that left him partially paralyzed to become one of the most powerful players in national politics. The Republican majority leader from Kansas often won praise from Republicans and Democrats alike for finding a middle course through difficult issues. His long career in national politics put him at the center of major legislative debates; and whether in budgetary, social, or foreign policy matters, he often bridged party differences. These battles made him not only a skilled negotiator but, by the 1990s, the most powerful leader in his party. His politics were generally characterized by economic conserva- tism, support for CIVIL RIGHTS, and moderation on social issues. In addition to being a vice presidential candidate in 1976, Dole mounted three presidential campaigns, in 1980, 1988, and 1996. Robert Joseph Dole 1923– ▼▼ ◆ 1923 Born, Russell, Kans. ❖ 1943–48 Served in U.S. Army 1945 Earned Purple Heart after being seriously injured ▼▼ ◆◆ ◆ ◆ ◆◆ 1950–53 Korean War 1961–73 Vietnam War 1960–68 Served in U.S. House 1971 Appointed RNC chair 1976 Ran for vice president with Ford 1984 Elected Senate majority leader 1988 Ran for Republican presidential nomination 1996 Retired from Senate to run for president; lost election to Clinton 1968–96 Served in U.S. Senate 1980 Ran for Republican presidential nomination 2003 Joined law firm Alston & Bird, Atlanta, Ga. 1998–99 Co-chaired bipartisan commission studying federal Independent Counsel Statute 1997 Awarded Presidential Medal of Freedom 1999 Federal Independent Counsel Act allowed to expire 2000 Wife Elizabeth Dole lost bid for Republican presidential nomination 2002 Elizabeth Dole elected U.S. senator, North Carolina 2005 One Soldier's Story: A Memoir published 2000 1975 1950 1939–45 World War II ◆◆◆◆◆◆ 1925 Bob Dole. STAN HONDA/AFP/GETTY IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 528 DOLE, ROBERT JOSEPH The values of Dole’s working-class family informed his upbringing. He was born on July 22, 1923, in Russell, Kansas, the son of an egg and cream station owner, Doran Ray Dole, and a traveling sewing machine saleswoman, Bina Talbot Dole. An athletic young man, Dole excelled in football, basketball, and track. He worked at several jobs and wanted to be a doctor. At age 18, he enrolled in the pre-med program at the University of Kansas. Drafted two years later, in 1943, he found himself fighting in Italy. WORLD WAR II had almost ended in April 1945 when a shell hit him on the battlefield, smashing his neck, shoulder, and spine. Doctors thought he would be crippled. But Dole’s persistence through three years of operations and the rapy brought an amazing recovery. His only permanent dis- abilities are a lack of control of h is right arm and hand, and partial loss of control of his l eft. The 25-year-old survivor was transformed. With new earnestness, he finished his under- graduate studies at the University of Arizona and earned a law degree with honors from Washburn University of Topeka. Law quickly led to politics. Dole served one term in the Kansas Legislature in 1951, and for the remainder of the decade worked as a PROSECUTOR in his local county. He entered national politics in 1960 with election to the U.S. House of Representatives, where he won reelection every two years through 1968. Dole advocated fiscal conservatism while supporting limited welfare spending. He voted against the GREAT SOCIETY programs of President LYNDON B. JOHNSON, but he supported aid to hungry and disabled persons and to farmers. He strong ly backed civil rights legislation, a position from which he never wavered throughout his career. His model in politics—and the figure who ultimately became his mentor—was RICHARD M . NIXON, a friend since the 1950s. Dole’s election to the U.S. Senate in 1968 gave President Nixon a vociferous supporter, and earned Dole the post of Republican National Committee (RNC) chairman in 1971. The 1970s and 1980s brought Dole promi- nence in national politics. One reason for this was his marriage in 1975 to Elizabeth Hanford, an accomplished Harvar d graduate who later held the posts of secretary of transportation and secretary of labor. Dole’s chairmanship of the RNC also brought dividends. In 1976 President GERALD R. FORD chose Dole as his vice presidential running mate in an unsuccessful bid for reelection. The 1976 race whetted Dole’s appetite for more , and he mounted his own campaign for president in 1980, losing out to RONALD REAGAN. In 1984 Dole was elevated to Senate majority leader. Although his function in this role was to deliver party loyalty on votes in the Senate, he also became a strong supporter of President Reagan. During the Iran-Contra scandal, Dole took a leading role in damage control. He made public reassurances and traveled the United States to rally support for the president. Dole made another bid for president after Reagan’s departure in 1988. This unsuccessful struggle for the Republican nomination against Vice President George H. W. Bush revealed what many critics had long seen as a mixed blessing in Dole: his acerbic tongue. This had appeared as an issue as early as 1976, when, while campaigning as Gerald Ford’s running mate, Dole had ridiculed Democratic candidate JIMMY CARTER as “Southern Fried McGovern.” In 1988, again while campaigning, he lashed out at George H. W. Bush on national TV, saying Bush had lied about him. The attack on Bush raised some speculation about whether Dole could control his temper. In 1996 Dole’s third run for the White House was characterized by a rightward shift. Soon after declaring his candidacy, he attacked Hollywood for making movies that “revel in mindless violence and loveless sex.” Dole called for making English the nation’s official lan- guage, returned the campaig n contribution of a gay Republican organization (later calling the move a mistake), and quit attending a United Methodist church that conservative critics had denounced as excessively libera l. More crucially, perhaps, Dole’s ideas on economics now resembled those that he had found untenable in President Reagan. The senator who had won bipartisan praise for a 1982 tax compro mise now told voters, “We can cut taxes and balance the budget at the same time.” And less apparent was his trademark willingness to compromise: Throughout late 1995 and early 1996, Dole and House Majority Leader Newt Gingrich (R-Ga.) engaged in a budget deadlock with President BILL CLINTON THE GOVERNMENT CANNOT DIRECT THE PEOPLE , THE PEOPLE MUST DIRECT THE GOVERNMENT . —BOB DOLE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DOLE, ROBERT JOSEPH 529 that forced a shutdown of the federal govern- ment. He lost the 1996 election to Clinton. Although he retired from elective politics in 1996, Dole remained active. In 1997 President Clinton awarded Dole the Presidential Medal of Freedom, the nation’s highest civilian award. That same year, Dole was appointed chair of the International Commission on Missing Persons, an organization established to help find infor- mation on the fates of thousands of persons missing in the former Yugoslavia; and chair of the National World War II Memorial, the first national memorial dedicated to those who served in World War II. He also helped establish the ROBERT J. DOLE Institute of Politics at the University of Kansas. In 1998 he campaigned in 37 states for Republican candidates; in 2000 he was active in George W. Bush’s cam paign for the presidency; and in 2002 he worked on the successful senatorial campaign of his wife Elizabeth. After the September 11, 2001, attack on the World Trade Cen ter, Dole joined with Clinton, his former political rival, as co-chair of a scholarship fund that raised money to provide education assistance to the families of persons killed or wounded in the terrorist attacks. In 2003 Dole began a series of appearances with Clinton on the CBS news show Sixty Minutes. The format of the segment, two-minute debates on highly topical subjects, was based on the show’s highly popular Point/Counterpoint seg- ments that aired in the 1970s. Noting that both his wife and President Clinton’s wife were freshman senators, Dole quipped that they had permission to do the show, “We both cleared it with our wives so we won’t get into trouble.” Dole’s memoir came out in 2005. In addition to practicing law after he left the Senate, in March 2007 Dole was named by President Bush to oversee a commission to investigate poor conditions at Walter Reed Army Medical Center. FURTHER READINGS Bob Dole website. Available online at www.bobdole.org (accessed August 17, 2009). Dole, Bob. 2005. One Soldier’s Story: A Memoir. New York: HarperCollins. Moraes, Lisa. 2003. “Clinton and Dole Agree to Disagree Weekly on ‘Sixty Minutes.’” Washington Post (March 6). The Robert J. Dole Institute of Politics. Available online at www.ku.edu/~dole (accessed August 17, 2009). v DOLE, SANFORD BALLARD Sanford Ballard Dole was a prominent figure in the creation of Hawaii as a republic and its annexation to the United States. Dole was born in 1844. His parents were American miss ion- aries assigned to Hawaii, and Dole was raised and educated there. After attending Williams College and his admission to the Massachusetts bar in 1868, he settled in Hawaii and began his law practice. In 1884 and 1886 he served in the Hawaiian Legislature. His first act of dissension against the existing monarchy was as a leader of the Bayonet Revolution in 1887. As a result, the power of the monarchy was reduced and a more equitable constitution was adopted. Also in 1887, Dole sat on the bench of the Hawaii Supreme Court as an associate justice. Sanford Ballard Dole 1844–1926 ❖ ◆◆ 1844 Born, Honolulu, Hawaii 1884, 1886 Served in Hawaiian legislature 1894 Republic of Hawaii created 1894–1900 Served as president of the Republic of Hawaii 1904–15 Served as justice of the U.S. district court for Hawaii 1914–18 World War I 1926 Died, Honolulu, Hawaii 1861–65 U.S. Civil War 1893 Queen Liliuokalani overthrown; Dole leader of revolutionary government 1900–03 Served as first governor of Territory of Hawaii 1939–45 World War II ❖ 1887 Led the Bayonet Revolution, resulted in more equitable constitution for Hawaii 1898 Hawaii annexed by United States ▼▼ ▼▼ 19001900 19251925 1950 1950 18501850 18751875 1866–68 Attended Williams College in Mass. 1887–93 Presided as associate justice on the Hawaii Supreme Court ◆◆ ◆ ◆ THE UPRISING OF A SMALL PEOPLE MAY BE AS INSPIRING AS THE UPRISING OF A GREAT NATION . —SANFORD DOLE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 530 DOLE, SANFORD BALLARD In 1893 Queen Liliuokalani refused to recog- nize the l imitations imposed upon h er by the 1887 constitution. An insurrection occurred and the queen was overthrown. Dole left his post as justice to become the leader of the revolutionary p rovi- sional government that replaced the m onarchy. The republic of Hawaii was created in 1894, and Dole acted as its president. He began his efforts for the U.S. annexation of Hawaii, but his first attempts were thwarted by President Grover Cleveland, who opposed the deposition of the monarchy. Dole wrote a TREATISE defend- ing the revolution and its results but to no avail. He was finally able to achieve annexation under the administration of President WILLIAM MCKINLEY in 1898. Dole continued to serve as president throughout these years. With the annexation of Hawaii completed, Dole became the first governor of the newly formed Territory of Hawaii. He performed these duties from 1900 to 1903. In 1904 Dole returned to the judiciary and served as justice of the U.S. district court for Hawaii until 1915. He died in Hawaii in 1926. DOMAIN The complete and absolute ownership of land. Also the real estate so owned. The inherent sovereign power claimed by the legislature of a state, of controlling private property for public uses, is termed the right of eminent domain. National domain is sometimes applied to the aggregate of the property owned directly by a nation. Public domain embraces all lands, the title to which is in the United States, including land occupied for the purposes of federal buildings, arsenals, dock-yards, and so on, and l and of a n agricultural or mineral character not yet granted to p rivate owners. Sphere of influence. Range of control or rule; realm. DOMBEC [Saxon, Jud gment book.] The name given by the Saxons to the code of laws by which they lived. Several Saxon kings published dombecs, also spelled dombocs. Dombecs were also known as dome-books or doom-books. The DOMBEC compiled during the ninth-century reign of Alfred the Great was among the most important because it contained the law for the entire kingdom of England, encom passing the princi- pal maxims of COMMON LAW, the penalties for crimes, and the forms of judicial proceedings. A dombec is not the same as the DOMESDAY BOOK , although the two are often confused. DOMESDAY BOOK An ancient record of land ownership in England. Commissioned by William the Conqueror in the year 1085 and finished in 1086, the book is a superb example o f thorough a nd speedy adminis- tration, unequaled by any ot her p roject undert aken during the Middle Ages. Minu te and accurate surveys of all of England were d one for the purpose of compiling information essential for l evying taxes and e nforcin g the land t en ure system. The work was done by five justices in each county who took a census and listed all the feudal landowners, their PERSONAL PROPERTY, and other information. The judges gathered their information by summoning each man and having him give testimony under OATH. This is perhaps the earliest use of the inquest procedure in England, and it established the right of the king to require citizens to give information, a foundation of the jury trial. Domesday was a Saxon word meaning Judgment Day, at the end of time when God will pronounce judgment against all of mankind. The name given to this record may have come Sanford B. Dole. LIBRARY OF CONGRESS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DOMESDAY BOOK 531 from the popular opinion that the inquiry was as thorough as that promised for Judgment Day. Two volumes of the DOMESDAY BOOK are still in existence, and they continue to be valuable for historical information about social and economic conditions. They are kept in the Public Record Office in Engla nd. DOMESTIC Pertaining to the house or home. A person employed by a household to perform various servient duties. Any household servant, such as a maid or butler. Relating to a place of birth, origin, or domicile. That which is domestic is related to house- hold uses. A domestic animal is one that is sufficiently tame to live with a family, such as a dog or cat, or one that can be used to contribute to a family’s support, such as a cow, chicken, or horse. When something is domesticated, it is converted to domestic use, as in the case of a wild animal that is tamed. Domestic relations are relationships betw een various family members, such as a husband and wife, that are regulated by FAMILY LAW. A domestic c orpor ation of a particular s tate is one t hat h as been organized and chartered in that state as opposed to a foreign corporation, w hich has be en incorporated in another state o r territory. In tax law, a domestic corporation is one that has originated in any U .S. s tate or territory. Domestic products are goods that are man- ufactured within a particular territory rather than imported from outside that territory. DOMESTIC PARTNERSHIP LAW The area of law that concerns the rights of unmarried adults who choose to live together in the same manner as a married couple but who are not married. DOMESTIC PARTNERSHIP LAW is evolving rapidly, in part because more individuals are choosing to identify themselves as domestic partners. Although any two adults living together in a loving relationship may be called partners, the term i s most frequently used to describe same-sex couples. Since the 1990s, a number of local govern- ments have enacted domestic partnership laws, including Seattle, New York City, and Broward County, Florida. In 1999 California passed a state domestic partnership law that provided a number of protections that formerly had been offered only to married couples. These protections include the right to inherit from a partner’s estate; the right to mak e medical decisions for an incap acitated partner; the right to use sick leave to care for a partner; the right to obtain HEALTH INSURANCE through a partner; and the right to adopt a partner’s child as a stepparent. Domestic partners in California may obtain these benefits by registering with the state. Although domestic partnership law is intended to provide benefits to partners, it still represents uncharted territory and is far from comprehensive or complete. Using the California law as an example, a domestic partner is defined as a committed member of a same-sex couple; heterosexual couples who cohabit may not register as domestic partners. The rationale is that heterosexual couples in a committed rela- tionship have the option of marriage, an option that is not open to same-sex couples. The only exception for heterosexual couples is when one partner is age 62 or older, because frequently SENIOR CITIZENS who cohabit run the risk of losing part of their SOCIAL SECURITY benefits if they marry. A more problematic issue for domestic partners is the fact that their partnership is generally not recognized outside of their juris- diction. Thus, their domestic partnership rights are not binding if they should move to a community that has no such laws of its own. In fact, domestic partners who relocate to a new community that does have protective laws are advised to re-register in their new home in order to eliminate any AMBIGUITY. As of 2009, a dozen states and dozens of cities have civil union or domestic partnership laws. Five states allow same-sex marriage. CROSS REFERENCES Adoption; Gay and Lesbian Rights; Family Law. DOMESTIC VIOLENCE Any abusive, violent, coercive, forceful, or threat- ening act or word inflicted by one member of a family or household on another can constitute domestic violence. Domestic violence, once considered one of the most underreported crimes, became more widely recognized during the 1980s and 1990s. Various individuals and groups have defined domestic violence to include everything from saying unkind or demeaning words, to grabbing a person’s arm, to hitting, kicking, choking, or even murdering. Domestic violence most often GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 532 DOMESTIC refers to violence between married or cohabit- ing couples, although it sometimes refers to violence against other members of a house- hold, such as children or elderly relatives. (The DEPARTMENT OF JUSTICE generally tracks victim/ offender relationships under the broader do- mestic violence category.) It occurs in every racial, socioeconomic, ethnic, and religious group, although conditions such as poverty, drug or alcohol abuse, and mental illness increase its likelihood. Studies indicate that the incidence of domestic violence among homo- sexual couples is approximately equivalent to that found among heterosexual couples. Domestic violence involving famous married or cohabiting couples tends to receive broad media attention. (The Department of Justice refers to these and similar incidents as “intimate partner violence” and maintains separate statis- tics for this sub-category as well.) The highly publicized 1995 trial of former professional football player and movie actor O.J.(ORENTHAL JAMES ) SIMPSON for the murders of his ex-wife Nicole Brown Simpson and her friend Ronald Lyle Goldman thrust it onto the front pages of newspapers for many months. Simpson w as acquitted of the MURDER charges, but evidence produced at his trial showed that he had been arrested in 1989 for spousal battery and that he had threatened to kill his ex-wife. The disclosure that the prominent sports figure and movie star had abused his wife prompted a national discus- sion on the causes of domestic violence, its prevalence, and effective means of eliminating it. Like the case of O.J. Simpson , several of these cases involved current or former athletes. Jim Brown, who, like Simpson, was both a famous football player and actor, received a six-month sentence in 2000 for vandalizing his wife’s car during an argument. Also like Simpson, Brown had a history of alleged domestic-violence incidents, though he had not be en convicted in the previous allegations. In early 2009 NFL quarterback Steve McNair was shot to death by a girlfriend who then killed herself. Although thousands of c ases involving domes- tic violence occur each year, those that involve celebrities continue to attract t he most at tention. In 1999 movie director John Singleton pled no- contest to charges o f battering his girlfriend. Singleton is b est k nown for such movies as Boyz ‘N the Hood and Poetic Justice. In 2001 Rae Carruth, a player for the National Football League’sCarolina Panthers, was found guilty of conspiracy to commit the m urder of h is former girlfriend, who had been carrying Carruth’schildatthetimeofherdeath. Although he avoided the dea th penalty, Carruth was sentenced to up to 25 years in prison. Also in 2001, former heavyweight boxing champion Riddick Bowe was charged with third-degree assault for a fight with his wife. Stil l another media frenzy surrounded the 2009 assault on pop singer Rihanna by her equally famous boyfriend, singer Chris B rown. Those who have studied domestic violence believe that it usually occurs in a cycle with three general stages. First, the abuser uses words or threats, perhaps humiliation or ridicule. Next, the abuser explodes at some perceived infraction by the other person, and the abuser’s rage is manifested in physical violence. Finally, the abuser “cools off,” asks forgiveness, and promises that the violence will never occur again. At that point, the victim often abandons any attempt to leave the situation or to have charges brought against the abuser, although some prosecutors will go forward with charges even if the victim is unwilling to do so. Typically, the abuser’s rage begins to build again after the RECONCILIATION, and the violent cycle is repeated. In some cases of repeated domestic violence, the victim eventually strikes back and harms or kills the abuser. People who are repeatedly Victims of Domestic Violence, by Relationship to Offender, 2006 SOURCE: U.S. Department of Justice, Bureau of Justice Statistics, Criminal Victimization in the United States, 2006. Other relative 35.2% Spouse 30.8% Ex-spouse 13.6% Parent 7.4% Own child 13.0% Total number of domestic violence victimizations: 715,440 ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION DOMESTIC VIOLENCE 533 victimized by spouses or other partners often suffer from low self-esteem, feelings of shame and guilt, and a sense that they are trapped in a situation from which there is no escape. Some who feel that they have no outside protection from their batterer may turn to self-protection. During the 1980s, in a number of cases in which a victim of repeated domestic abuse struck back, the battered-spouse defense was used to exon- erate the victim. However, in order to rely on the battered-spouse defense, victims must prove that they genuinely and reasonably believed that they were in immediate danger of death or great bodily injury and that they used only such force as they believed was reasonably necessary to protect themselves. Because this is a very difficult standard to meet, it is estimated that fewer than one-third of victims who invoke the battered-spouse defense are acquitted. Heightened awareness and an increase in reports of domestic v iolence have led t o a widespread legal response since the 1980s. Once thought to be a problem that was best handled without legal intervention, domestic violence is now treated as a criminal offense. Many states and municipalities have instituted measures designed to deal swiftly and harshly with domestic abusers. In addition, governments have attempted to protect the victims of domestic violence from fu rther danger a nd have l aunched p rograms designed t o address the root causes of this abuse. One example is Alexandria, Virginia, which in 1994 began prose- cuting repeat abusers under a Virginia law (Va. St. §18.2–57.2 Code 1950, § 1 8.2–57.2) that makes the third conviction for ASSAULT AND BATTE RY a FELONY punishable by up to five year s in prison. In addition, the city esta blished a shelter for battered w omen, a victims’ task force, and a domestic-violence inter- vention program that includes a mandatory arrest policy and court-ordered counseling. As a result, domestic homicides in Alexandria d eclined from 40 percent of all homicides i n 1987 to 16 percent of those b etween 1988 and 1994. Other states h ave adopted similar measures. States that already had specific laws d irected toward domestic violence toughened the penalt ies. For example, a 1995 amendment to California’sdomestic-abuselaw (West’s Ann. Cal. Penal Code §§ 14140–14143) revokedaprovisionthatallowedfirst-timeabusers to have their criminal record expunged if they attended c ounseling. At on e time, the marital RAPE exemption in many states prohibited criminal domestic violence charges of rape made against a spouse, i.e., by definition, a husband could not legally rape his wife. Although all 50 states now crimi- nalize spousal rape, many states still categorize spousal rape as lesser offenses than those osten- sibly committed by strangers. Public outrage over domestic violence led to the inclusion of the Violence Against Women Act as title IV of the VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994 (Pub. L. No. 103- 322, 108 Stat. 1796 [codified as amended in scattered sections of 18 and 42 U.S.C.A.]). The act authorized research and education programs for judges and judicial staff to enhance knowledge and awareness of domestic violence and sexual assault. It also provided funding for police training and for shelters, increased penal- ties for domestic violence and rape, and provided for enhanced privacy protection for victims, although the U.S. Supreme Court struck it down as unconstitutional in 2000. One of the more controversial portions of the original act made gender-motivated crimes a violation of federal CIVIL RIGHTS law. In 2000 the U.S. Supreme Court considered the appli- cation of this portion in United States v. Morrison, 529 U.S. 598, 120 S. Ct. 1740, 146 L. Ed. 2d 658 (2000). In that case, a woman brought suit against a group of University of Virginia students who allegedly had raped her. Although the district court found that the woman had stated a claim against the respon- dents, it held that Congress did not have authority to enact the provision under the COMMERCE CLAUSE or § 5 of the FOURTEENTH AMENDMENT to the U.S. Constitution. The U.S. Court of Appeals for the Fourth Circuit affirmed the decision, and the United States, which had intervened to defend the statute, appealed to the U.S. Supreme Court. The Court, per an opinion by Chief Justice WILLIAM H. REHNQUIST,agreedwith the lower courts, holding the Congress had exceeded its constitutional power. The result of the case is that the civil-remedy provisions in the original statute should fall under the purview of the states, rather than the federal government. The Supreme Court, in February 2009, affirmed the application of the 1996 Lautenberg Amendment to the Gun Control Act of 1968 (which prohibits gun ownership by anyone convicted of a MISDEMEANOR crime of domestic violence, 18 U.S.C. 922(g)(9)), to cover anyone convicted of any violent misdemeanor com- mitted against a family member or dom estic GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 534 DOMESTIC VIOLENCE partner (United States v. Hayes No. 07-608, 129 S.Ct. 1079, 172 L.Ed.2d 816 [2009]). Counsel for defendant Hayes had argued that the amendment only applied to convictions under specific laws proscribing domestic violence, not general laws proscribing violence that just happened to be committed against family members. Also in 2009, the White House announced the appoint- ment of a White House Advisor on Violence Against Women, who was identified as Lynn Rosenthal, former executive director of the New Mexico Coalition Against Domestic Violence. Studies on the incidence of domestic vio- lence vary a great deal. However, trends can be discerned. The Domestic Violence Resource Center (DVRC), identifying various sources for its findings, reported on average that three women and one man are murdered every day by their intimate partners. Most of these homicides had in years prior involved spouses, but by 2006, nearly an equal number occurred between boyfriends and girlfriends or domestic partners. The DVRC also reported that women account for approximately 85 percent of all intimate partner violence, with women aged 20–24 at greatest risk. Moreover, separated or divorced persons were identified as being at greater risk for involvement in intimate partner violence. The Bureau of Justice Statistics reported that a consistent majority (as high as 70 percent) of female rape or sexual assault victims identified the offender as an intimate, other relative, friend, or acquaintance. Overall, the Bureau of Justice Statistics reported that about one in 320 households is affected by intimate partner violence. FURTHER READINGS “Advocates Hail White House Women’sViolence Adviser (sic).” The Crime Report, July 17, 2009. Text available online at http://thecrimereport.org/topics/domestic- violence/; website home page: jttp://thecrimereport. org (accessed September 10, 2009). Domestic Violence Resource Center. Updated 2007. “Domestic Violence Statistics.” Text available online at http://www.dvrc-or.org/domestic/violence/resources/ C61/; website home page: http://www.dvrc-or.org (accessed September 10, 2009). “Do Spousal Rapists Still Get Lenient Treatment?” The Crime Report, June 8, 2009. Text available online at http://thecrimereport.org/topics/domestic-violence/ page/2/; website home page: jttp://thecrimereport.org (accessed September 10, 2009). Douglas, Heather, and Lee Godden. 2003. “The Decrimina- lisation of Domestic Violence: Examining the Interac- tion between the Criminal Law and Domestic Vio- lence.” Criminal Law Journal 27 (February): 32–43. Justice Department. 2006. “Bureau of Justice Statistics: Crime Characteristics.” 2003, 2004, 2005, 2006 statis- tics. Text available online at http://www.ojp.usdoj.gov/ bsj/cvict_c.htm; website home page: http://www.ojp. usdoj.gov (accessed September 10, 2009). Rohr, Janelle, ed. 1990. Violence in America: Opposing Viewpoints. San Diego: Greenhaven Press. Sommers, Christina Hoff. 1994. Who Stole Feminism? New York: Simon & Schuster. Straus, Murray, and Richard Gelles. 1988. Intimate Violence. New York: Simon & Schuster. CROSS REFERENCES Child Abuse; Elder Law; Family Law. DOMICILIARY ADMINISTRATION The settlement and distribution of a decedent’s estate in the state of his or her permanent residence, the place to which the decedent intended to return even though he or she might actually have resided elsewhere. DOMICILIARY ADMINISTRATION is deemed princi- pal or primary administration and is distinguish- able from ANCILLARY ADMINISTRATION, which is the management of a decedent’s property in the state where it is situated, which is other than the state in which the decedent permanently resided. DOMINANT Prevalent; paramount in force or effect; of primary importance or consideration. That which isdominant possesses rights that prevail over those of others. In PROPERTY LAW, the estate to which an easement, or right of use, is given is called the dominant tenement or estate, and the one upon which the easement is imposed is called the servient tenement or estate. DOMINANT CAUSE The essential or most direct source of an accident or injury, regardless of when it occurred. In TORT LAW,theDOMINANT CAUSE of an injury is the PROXIMATE CAUSE, or the primary or moving cause, without which the injury would not have occurred. DOMINION Perfect control in right of ow nership. The word implies both title and possession and appears to require a complet e retention of control over disposi- tion. Title to an art icle of property, which arises from the power of disposition and the right of claiming it. Sovereignty; as in the dominion of the seas or over a territory. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DOMINION 535 In civil law, with reference to the title to property that is transferred by a sale of it, dominion is said to be either proximate or remote, the former being the kind of title vesting in the purchaser when he or she has acquired both the ownership and the possession of the article, the latter describing the nature of the title when he or she has legitimately acquired the ownership of the property but there has been no delivery. DONATIVE Relating to the gratuitous transfer of some thing as in the nature of a gift. A donative trust is the conveyance of pro- perty in trust set up as a gift from one person to another. Donative intent is the intent to give something as a gift. DONEE The recipient of a gift. An individual to whom a power of appointment is conveyed. DONOR The party conferring a power. One who makes a gift. One who creates a trust. DOOM An archaic term for a court’s judgment. For example, some criminal sentences still end with the phrase “… which is pronounced for doom.” DORMANT Latent; inactive; silent. That which is dormant is not used, asserted, or enforced. A dormant partner is a member of a part- nership who has a financial interest yet is silent, in that he or she takes no control over the business. The partner’s identity is secret because the individual is unknown to the public. v DORR, THOMAS WILSON Known for his central role in Rhode Island’s 1842 Dorr’sRebellion, THOMAS WILSON DORR fought for changes in the voting laws of his native state. Until the tumultuous 1842 elec- tion of Dorr as governor, long-standing laws, based on the state’s initial charter from England, had limited voting rights to men who owned at least $134 in land. Dorr helped to initiate a new state constitution that granted more liberal voting rights to white males. Once he was governor, some of Rhode Island’sother authorities treated him as a traitor to the aristocracy. However, Dorr’s EXTENSION of voting rights to a larger section of the populace stands as a cornerstone in the democratization of the United States. The changes in voting rights that Dorr proposed flew in the face of Rhode Island’s staunch political conservatism. Although the example of newer, noncolonial states had changed the way in which some older, seaboard states practiced government, Rhode Island adhered to the charter it had received from the English monarchy in 1663. This document’s property requirement for voting excluded more than half of the white males in the state. By 1840 even though only one other state retained a possession-of-property requirement, Rhode Island’s leaders claimed that their constitution Thomas Wilson Dorr 1805–1854 ❖ ❖ ◆ 1805 Born, Providence, R.I. ◆ 1827 Admitted to the Rhode Island bar 1861–65 U.S. Civil War 1823 Graduated from Harvard College ◆ ◆ ◆ ◆◆ ◆ ◆ 1888 Rhode Island dropped last property requirements for voting 1851 Dorr's civil rights reinstated 1834 Joined Rhode Island legislature ◆ ▼▼ ▼▼ 18001800 18501850 18751875 19001900 18251825 1854 Treason conviction reversed; died, Providence, R.I. 1845 Granted amnesty by state legislature 1840 Helped found Rhode Island Suffrage Association 1841 Rhode Island People's Constitution drafted by People's Party, enlarged voting franchise to non-landowning white males 1842 Elected governor under new constitution; charged with treason, voluntarily surrendered 1844 Convicted of treason, sentenced to life in prison GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 536 DONATIVE served as a standard of law and order. The Rhode Island charter, they said, had spared the state from one unwelcome effect of industriali- zation: political turmoil. Changes in govern- ment, however, were inevitable, even in Rhode Island. An increase in industry led to an increase in crime, unemployment, and poverty. Such changes brought a demand for a populist voice in the workings of government. During this time of change, Dorr emerged as a legal spokesman. Born November 5, 1805, the son of a wealthy Providence merchant, Dorr graduated from Harvard in 182 3. He then pursued lega l studies, and was admitted to the Rhode Island bar in 1827. In 1834 he partici- pated in the Rhode Islan d Legislature, where he led a campaign to secure extended voting rights. When the movement gain ed momentum, the Rhode Island SUFFRAGE Association was founded, which Dorr heade d in 1840. As support for Dorr grew, he formed the People’s party. In 1841 the party organized a convention and drafted a more liberal state constitution, the People’s Constitution. It appealed to voteless urban workers by issuing the vote to all white adult males. To counteract Dorr’s movement, the Rhod e Island state legislature called for a convention in Newport in November 1841. Conservatives saw this as their chance to derail the newly drafted constitution. Many others, however, supported Dorr’s constitution, and two rival positions emerged. In 1842 Dorr’s supporters elected him governor of the state. For a while, Rhode Island had to juggle two state governments. Samuel H. King, representing opponents of Dorr’s efforts, also served as governor, under the guides of the old charter. Both sides wooed the federal government for recognition. President JOHN TYLER wrote to King and warned him that any attempt to overthrow Dorr’s government would result in the presence of federal troops in Rhode Island. Dorr sought to establish an entirely new state government in Providence. King declared that Dorr’s party had initiated an insurrection. The sides of the dual government clashed, and, under King’s authority, many of Dorr’s sup- porters were imprisoned. On May 17, 1842, Dorr countered King’s efforts to crush the People’s “treason” and attacked the Providence arsenal. But the state MILITIA held back the attack, and Dorr subsequently fled the state. King declared MARTIAL LAW and offered a reward for Dorr’s capture. A compromise came about when the state drafted a new constitution that extended voting rights. When the state adopted the new constitu- tion, Dorr surrendered to authorities. Convicted of TREASON in 1844, Dorr faced a life sentence of solitary confinement and hard labor. Protests followed the severe sentence. One year later, the state legislature granted him AMNESTY and Dorr was set free. Meanwhile, a suit arose from the competing state governments (Luther v. Borden, 48 U.S. (7 How.) 1, 12 L. Ed. 581 [1849]). In response to one of the “political questions” in the case, the Supreme Court declared that Congress, under Article IV, Section 4, of the Constitution, held the power to ensure a republican state govern- ment while simultaneously recognizing the lawful government of that state. The court ruled that the president had the authority to support a lawful state government with federal troops if an armed conflict occurre d. The federal courts could not disturb these rights of Congress and the president. As President Tyler had not taken the opportunity to act on his power, the Court was left with much to decide regarding the balance between Rhode Island ’s new constitution and the federal executive and legislative powers. The reform movement set forth by Dorr, later known as Dorrism, had helped to solidify a greater trend in U.S. government. As more and more people were granted the right to vote, the United States strayed further and further from the original English monarchical rule. Although the rebellion of Dorr and his followers consisted of only a few skirmishes, its influence extended through a long period of time. For conservatives, Dorrism represented bloody class conflict. For many others, Dorr appeared to be less a traitor than a representative for the common person. In 1851 Dorr’s CIVIL RIGHTS were reinstated, and in 1854 the verdict against him was reversed. Later that year, on December 27, Dorr died in Providence, in his native Rhode Island. THE SERVANTS OF A RIGHTEOUS CAUSE MAY FAIL OR FALL IN THE DEFENSE OF IT . B UT ALL THE TRUTH THAT IT CONTAINS IS INDESTRUCTIBLE . —THOMAS DORR GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DORR, THOMAS WILSON 537 . RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION DOMESTIC VIOLENCE 533 victimized by spouses or other partners often suffer from low. power of disposition and the right of claiming it. Sovereignty; as in the dominion of the seas or over a territory. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DOMINION 535 In civil law, with. voluntarily surrendered 1844 Convicted of treason, sentenced to life in prison GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 536 DONATIVE served as a standard of law and order. The Rhode Island charter,