passage of a bill granting female government employees equal pay for equal work. In 1879 Lockwood further advanced the cause of women to the judiciary with her participation in the enactment of a bill permit- ting women to practice law before the U.S. Supreme Court. As a result she became the first woman to be admitted to this court and was subsequently admitted to practice before the former U.S. COURT OF CLAIMS. Lockwood continued her legal career while participating in reform movements, notably those for temperance and women’s SUFFRAGE. At the height of her popularity in the 1880s, Lockwood was nominated by the Equal Rights party as a candidate for PRESIDENT OF THE UNITED STATES in 1884 and 1888, the first woman to receive this honor. In 1896 Lockwood was chosen to represent the United States at the Congress of Charities and Corrections held in Switzerland. After her return she conti nued her work in the women’s rights movement and was instrumental in the formulation of the law granting women resi- dents of the DISTRICT OF COLUMBIA equal property rights and equal claims to the custody of children. She also drafted an AMENDMENT to the statehood bills of Oklahoma, Arizona, and New Mexico, allowing women in these states the right to vote. A stau nch advocate of peace, Lockwood served as a representative to the Universal Peace Congress held in Paris in 1889 and participated at the International Peace Bureau at Bern , Switzerland, in 1892. She died May 19, 1917, in Washington, D.C. LOCO PARENTIS [Latin, The place of a parent.] A description of the relationship that an adult or an institution assumes toward an infant or minor of whom the adult is not a parent but to whom the adult or institution owes the obligation of care and supervision. The term is usually designated IN LO C O PARENTIS. LOCUS Latin, Place; place where a thing is performed or done. For example, the locus delicti is the place where an accident or crime occurred. Belva A. Lockwood. LIBRARY OF CONGRESS ▼▼ ▼▼ Belva Ann Lockwood 1830–1917 18251825 18751875 19001900 19251925 18501850 ❖ 1830 Born, Royalton, N.Y. 1861–65 U.S. Civil War ◆ 1857 Graduated from Genesee College (later Syracuse Univ.) 1857–68 Worked as a school teacher ◆◆ 1871 Admitted to National Univ. Law School (later part of George Washington Univ.) ◆ 1873 Admitted to Washington, D.C., bar ◆ 1876 Denied admission to the Supreme Court bar ◆ ◆ ◆ ◆ ◆ ❖ 1914–18 World War I 1917 Died, Washington, D.C. 1896 Represented U.S. at the Congress of Charities and Corrections held in Switzerland 1889 Served as representative to the Universal Peace Congress held in Paris 1888 Ran for president as nominee of the Equal RIghts Party 1884 Became first woman to receive votes in a presidential election as nominee of the Equal Rights Party 1879 Became first woman admitted to practice before the Supreme Court after Congress allowed it I KNOW WE CAN’T ABOLISH PREJUDICE THROUGH LAWS , BUT WE CAN SET UP GUIDELINES FOR OUR ACTIONS BY LEGISLATION . —BELVA LOCKWOOD GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 398 LOCO PARENTIS v LODGE, HENRY CABOT Henry Cabot Lodge helped write the SHERMAN ANTI -TRUST ACT of 1890 (15 U.S.C.A. § 1 et seq.). He was an enthusiastic supporter of the SPANISH- AMERICAN WAR of 1898 and advocated military power as the United States’ best tactic for peace. He believed firmly in the principles of the MONROE DOCTRINE, by which the United States sought to protect nations in the Western Hemisphere from European intrusion. Although he opposed strong control by the federal gover- nment, he believed that in some circumstances moderate government regulation was essential to prevent SOCIALISM. Lodge was a conservative Republican U.S. senator from 1893 to 1924. He successfully fought to defeat U.S. entry into President Woodrow Wilson’s newly proposed LEAGUE OF NATIONS at the end of WORLD WAR I. He chaired the Senate Foreign Relations Com- mittee from 1918 to 1924 and influenced U.S. foreign policy in the first quarter of the twentieth century. He also was a prolific writer, most notably of a series of biographies, and the grandfather of Henry Cabot Lodge, Jr., a Republican senator in 1937–44 and 1947–53. Lodge was born May 12, 1850, in Boston. The families of his father, John Ellerton Lodge, and mother, Anna Cabot Lodge, were wealthy and of high soci al standing. Lodge graduated from Harvard in 1871, and married Anna Cabot Mills (“Nannie”) Davis the day after his graduation ceremony. He attended Harvard Law School from 1872 to 1874, and in 1874 made his first entry into politics as a delegate to the Republican state convention. LodgetaughtAmericancolonialhistoryat Harvard f or a year and then turned to writing, producing a biography of his great-grandfather, a colonial history, and various magazine articles, among other works. He was an editor on the International Review magazineforfouryears,and wrote a set of books c alled t he American Statesman Series, on GEORGE WASHINGTON, Washington Irving, and DANIEL WEBSTER,amongothers. In the late 1870s he wrote articles on election reform, gave an Independence Day address, and served two one-year terms in the Massachusetts General Court. In 1883 he chaired the Republi- can State Central Committee and met THEODORE ROOSEVELT , with whom he would remain close friends throughout his life. Lodge was elected to the House in 1886, where he served for six years. He chaired the House Committee on Elections, sponsored the Henry Cabot Lodge. LIBRARY OF CONGRESS Henry Cabot Lodge 1850–1924 ▼▼ ▼▼ 18501850 19251925 19001900 18751875 ❖ 1850 Born, Boston, Mass. 1861–65 U.S. Civil War ◆ 1871 Graduated from Harvard College ◆ 1875 Earned LL.B. from Harvard Law School 1887–93 Served in U.S. House ◆ 1898 Supported the Spanish- American War ◆ 1902 Persuaded Roosevelt to appoint Oliver Wendell Holmes to the Supreme Court 1893–1924 Served in U.S. Senate ◆ 1908 Sponsored laws governing child labor and an eight-hour work day 1914–18 World War I ❖ 1924 Died, Cambridge, Mass. 1918–24 Chaired Senate Foreign Relations Committee and served as Senate majority leader 1918–20 Fought to defeat U.S. entry into the League of Nations GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LODGE, HENRY CABOT 399 Federal Elections Bill, and introduced a bill prohibiting entry into the United States by illiterate immigrants (later vetoed by President Grover Cleveland). In 1890 Lodge helped write the Sherman Anti-Trust Act, the first federal law to control growing centralization of economic power by monopolistic corporations. In 1893 Lodge entered the Senate, where he served until his death in 1924. As a senator he was a strong supporter of the Spanish-American War, in w hich two of his three sons served. He supported U.S. imperialism during the presi- dency of Theodore Roosevelt. In 1902 he helped persuade Roosevelt to appoint OLIVER WENDELL HOLMES , JR., to the U.S. Supreme Court; Holmes’s fundamentally new approach to the judicial process—which rejected the notion of legal principles as absolutes—changed U.S. law. Also in the early 1900s, he sponsored a child LABOR LAW (May 28, 1908, ch. 209, 35 Stat. 420) in Washington, D.C., and an American Federa- tion of Labor law mandating an eight-hour workday. In 1906 Lodge worked on Roosevelt’s Food and Drug Act (ch. 3915, 34 Stat. 768). From 1918 to 1924 Lodge chaired the Senate Foreign Relations Committee and was the Senate majority leader. He also worked adamantly to foil President Wilson’s efforts to establish the League of Nations. Lodge disliked both the policies and the personality of Wilson. Wilson attempted to link the passage of his League of Nations with the signing of the peace TREATY that would officially end World War I. Lodge attacked this approach, accusing Wilson of jeopardizing the peace process for the sake of his project. Lodge also was chief among Wilson’s critics for two other actions. In an era in which presidents rarely left the country, Wilson traveled to Europe to make a highly publicized case for his League of Nations. Although he was well received by the Europeans with whom he met, the trip was not favorably viewed by many in the United States. Second, he took with him a small group of men that included only Democrats. In 1919 Lodge addressed the Senate about the “crudeness and looseness of expression” of the proposed League of Nations. He cited a direct conflict between Wilson’s league and the Monroe Doctrine, which he said dictated that “American questions be settled by America alone.” He also questioned whether the United States could follow up on some of the prom ises outlined in Wilson’s proposal, and cited a potential loss of U.S. control over IMMIGRATION. Lodge and two other men crafted a declara- tion listing their objections to the proposed League of Nations, the primary ones involving congressional rights. Lodge then circulated the declaration through the Republican senators seeking signatures of support, a process called a round-robin, and received thirty-seven signa- tures, more than enough to indicate strong support for the declaration. Lodge led a lengthy debate on the Senate floor, followed by hearings in which a variety of representatives from around the world were allowed to testify on a broad range of topics. Witnesses spoke, for example, on Irish independence, which had little relevance to the League of Nations but which took time on the floor. Lodge also read the entire text of Wilson’s proposal, which took two weeks to complete, in order to wear down Wilson and his supporters and to encourage a deadlock. Ultimately, Congress did deadlock on the issue, and the U.S. public decided the fate of the league with the N ovember 1920 presidential election, when James Cox, the Democratic can- didate, lost to WARREN G. HARDING, who opposed the league. In his last years, Lodge returned to writing and spent time with his family. He died November 9, 1924, at age 74. FURTHER READINGS Garraty, John A. 1953. Henry Cabot Lodge: A Biography. New York: Knopf. Lodge, Henry Cabot. 1902. A Fighting Frigate and Other Essays. New York: Scribner’s. Widenor, William C. 2008. Henry Cabot Lodge and the Search for an American Foreign Policy. New York: ACLS Humanities E-Book. LODGER An occupant of a portion of a dwelling, such as a hotel or boardinghouse, who has mere use of the premises without actual or exclusive possession thereof. Anyone who lives or stays in part of a building that is operated by another and who does not have control over the rooms therein. LOG ROLLING A legislative practice of embracing in one bill several distinct matters, none of which, perhaps, could singly obtain the assent of the legislature, and then procuring its passage by a combination LET EVERY MAN HONOR AND LOVE THE LAND OF HIS BIRTH … [ BUT] IF A MAN IS GOING TO BE AN AMERICAN AT ALL LET HIM BE SO WITHOUT QUALIFYING ADJECTIVES ; AND IF HE IS GOING TO BE SOMETHING ELSE , LET HIM DROP THE WORD AMERICAN FROM HIS PERSONAL DESCRIPTION . —HENRY CABOT LODGE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 400 LODGER of the minorities in favor of each of the measures into a majority that will adopt them all. Practice of including in one statute or constitutional amendment more than one proposi- tion, inducing voters to vote for all, notwithstand- ing they might not have voted for all if amendments or statutes had been submitted separately. LOGAN ACT The Logan Act (18 U.S.C.A. § 953 [ 1948])isa single federal statute making it a crime for a citizen to confer with foreign governments against the interests of the United States. Specifically, it prohibits citizens from negotiat- ing with other nations on behalf of the United States without authorization. Congress established the Logan Act in 1799, less than one year after passage of the ALIEN AND SEDITION ACTS , which authorized the arrest and DEPORTATION of aliens and prohibited written communication defamatory to the U.S. govern- ment. The 1799 act was named after Dr. George Logan. A prominent Republican and Quaker from Pennsylvania, Logan did not draft or introduce the legislation that bea rs his name, but was involved in the political climate that precipitated it. In the late 1790s a French trade EMBARGO and jailing of U.S. seamen created animosity and unstable conditions between the United States and France. Logan sailed to France in the hope of presenting options to its govern- ment to improve relations with the United States and quell the growing anti-French sentiment in the United States. France responded by lifting the embargo and releasing the captives. Logan’s return to the United States was marked by Republican praise and Federalist scorn. To prevent U.S. citizens from interfering with negotiations between the United States and foreign governments in the future, the Adams administration quickly introduced the bill that would become the Logan Act. The Logan Act has remained almost un- changed and unused since its passage. The act is short and reads as follows: Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly com- mences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both. This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects. The language of the act appears to encompass almost every communication between a U.S. citizen and a foreign government considered an attempt to influence negotiations between their two countries. Because the language is so broad in scope, legal scholars and judges have suggested that the Logan Act is unconstitutional. Histori- cally, the act has been used more as a threat to those engaged in various political activities than as a weapon for prosecution. In fact, Logan Act violations have been discussed in almost every administration without any serious attempt at enforcement, and to date there have been no convictions and only one recorded i ndictment. One example of the act’s use as a threat of prosecution involved the Reverend JESSE JACKSON. In 1984 Jackson took well-publicized trips to Cuba and Nicaragua and returned with several Cuban political prisoners seeking ASYLUM in the United States. President RONALD REAGAN stated that Jackson’s activities may have violated the law, but Jackson was not pursued beyond a threat. In 1984 Democratic presidential candidate Jesse Jackson met with Cuban president Fidel Castro and later described a ten-point agreement the two had reached. His negotiations with Castro may have violated the Logan Act, but Jackson was not prosecuted. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION LOGAN ACT 401 The only Logan Act indictment occurred in 1803. It involved a Kentucky newspaper article that argued for the formation in the western United States of a separate nation allied to France. No prosecution followed. FURTHER READINGS Kearney, Kevin M. 1987. “Private Citizens in Foreign Affairs: A Constitutional Analysis.” Emory Law Journal 36 (winter). Roth, Brad R. 1993. “The First Amendment in the Foreign Affairs Realm: ‘Domesticating’ the Restrictions on Citizen Participation.” Temple Political & Civil Rights Law Review 2 (spring). Seitzinger, Michael V. 2006. “Conducting Foreign Relations Without Authority: The Logan Act.” Congressional Research Service. Available online at http://www.fas. org/sgp/crs/misc/RL33265.pdf; website home page: http://www.fas.org (accessed September 6, 2009). LOGGING The cutting of, or commercial dealing in, tree trunks that have been cut down and stripped of all branches. The statutes in certain jurisdictions provide for the marking of logs for the purpose of identification. Once a log is marked, its mark must be recorded, as must any change in ownership of the marked logs. Trees which are standing upon land can become objects of PERSONAL PROPERTY prior to their SEVERANCE from the soil and, therefore, a change in the ownership of the l and would have no effect upon ownership of the trees. Standing timber can be conveyed separately from the property upon which it was grown. If this occurs, two separate and distinct property interests are created: one in the land and one in the timber. A purchaser of standing timber may enter onto the land for the purpose of cutting and removing the timber. Contracts for the sale of standing timber may limit the time during which the right of entry can continue. The public may generally float logs on any stream that is capable of being so used in its natural state. When necessary, the right to use a stream includes the incidental right to use the banks, at least below the high-water mark. LOGGING IN A colloquial term for the process of making the initial record of the names of individuals who have been brought to the police station upon their arrest. The process of logging in is also called booking. LONG-ARM STATUTE A state law that allows the state to exercise jurisdiction over an out-of-state defendant, pro- vided that the prospective defendant has sufficient minimum contacts with the forum state. JURISDICTION over an out-of-state DEFENDANT is referred to as extraterritorial IN PERSONAM jurisdiction. In personam jurisdiction, also known as PERSONAL JURISDICTION, allows a court to exercise jurisdiction over an individual, and is the fundamental requirement necessary for a court to hear the merits of a claim. Historically, a state could exercise jurisdiction only within its territorial boundaries; therefore, a nonresident defendant could be brought into court only when SERVICE OF PROCESS was effected while that defendant was within the boundaries of the state. The U.S. Supreme Court upheld this principle, and raised it to a constitutional level, when it stated that judgments entered by a court without such jurisdiction were violations of the Due Process Clause of the U.S. Constitution (Pennoyer v. Neff, 95 U.S. 714, 24 L. Ed. 565 [1877]). The requirement of physical presence with- in the state’s boundaries was expanded in International Shoe Co. v.Washington, 326 U.S. 310, 66 S. Ct. 154, 90 L. Ed. 95 (1945). In International Shoe, the Supreme Court held that due process required that the defendant have “certain minimum contacts” with the forum in order for a state to assert jurisdiction, and that such jurisdiction may not offend “traditional notions of fair play and substantial justice.” Since International Shoe, the Supreme Court has set forth several criteria to be used in analyzing whether jurisdiction over a nonresi- dent is proper. These criteria require (1) that the defendant has purposefully availed himself or herself of the benefits of the state so as to reasonably foresee being haled into court in that state; (2) that the forum state has sufficient interest in the dispute; and (3) that haling the defendant into court does not offend “notions of fair play and substan tial justice.” Following the Court’s lead in International Shoe, individual states began enacting long-arm statutes setting forth their requirements for personal jurisdiction over nonresidents. Illinois was the first state to do so. Its statute (Ill. Rev. Stat. chap. 110, para. 17 [1955]) allowed service of process outside the state on nonresident individuals and corporations in actions arising GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 402 LOGGING out of (1) the transaction of any business in the state; (2) the commission of a TORTIOUS act within the state; (3) the ownership, use, or possession of REAL ESTATE in the state ; or (4) a contract to insure any person, property, or risk located in the state. The Illinois statute became a template for many state long-arm statutes. In 1963 the Uniform Interstate and Inter- national Procedure Act was promulg ated by the COMMISSIONERS ON UNIFORM LAWS. The Uniform Act was similar to the Illinois statute, but also included a provision authorizing jurisdiction in the event that an act or omission outside the state caused injury in the state. This Uniform Act also became a model for other states in developing their long-arm statutes. Since 1963 all states and the DISTRICT OF COLUMBIA have enacted long-arm statutes. Long- arm statutes tend to fall into one of two categories. The first enumerates factual situa- tions likely to satisfy the minimum-contacts test of International Shoe. The second type is much broader: it provides jurisdiction over an indi- vidual or corporation as long as that jurisdiction is not inconsistent with co nstitutional restric- tions. If such a statute enumerates requirements for jurisdiction, the facts of the situation must fall within one of those requirements. The court must then determine whether the procedural due process requirements of both the state and federal constitutions have been met. The long-arm statute has seriously been challenged with the emergence of the Internet. Since the late 1990s, lawsuits that center on Internet commercial and DEFAMATION disputes have been commonplace. A key issue has been whether plaintiffs may sue and enforce judg- ment in their state of residence or whether they must file suit in the state where the defendant resides or has its place of business. In Zippo Manufacturing v. Zippo Dot Com, 952 F. Supp.1119 (W.D. Pa. 1997), the court an- nounced a standard that showed promise for analyzing this question. Zippo Manufacturing, the maker of the well-known Zippo lighter, discovered that another company, Zippo Dot Com, had ac- quired the domain names “zippo.com,”“zippo- news.com,” and “zippo.net.” From these sites, Zippo Dot Com, based in California, ran a news distribution service with nearly 150,000 paying customers, including some 3,000 in Penn- sylvania, Zippo Manufacturing’s state of incorporation. Zippo Dot Com’s contacts with Pennsylvania were almost entirely electronic, consisting of the contract filled out online by new customers and access agreements with seven Internet service providers in that state. Zippo Manufacturing sued Zippo Dot Com in the Western District of Pennsylvania for a variety of trademark offenses relating to the domain names owned by the latter. The news service filed a motion to dismiss for lack of personal jurisdict ion. The court denied Zippo Dot Com’s motion and concluded that the news service does do business in Pennsylvania; therefore, jurisdiction was established. In its RULING, the court divided websites into three categories based on the PRESUMPTION that the exercise of personal jurisdiction is “directly proportionate to the nature and quality of commercial activity that an entity conducts over the Internet.” If a defendant enters into contracts that involve the “knowing and repeated transmission of com- puter files over the Internet, personal jurisdic- tion is proper.” At the opposite end are situations where a defendant runs a “passive website” that merely contains posted informa- tion accessible to anyone. The third category involves interactive websites where a user can exchange information with the host computer. In these cases, the exercise of jurisdiction is determined by examining the level of interac- tivity and commerc ial nature of the exchange of information that occurs on the site. Owing to the different types of long-arm statutes, as well as various court interpretations of these statutes, the relevant state laws must be examined when determining whether a pro- spective nonresident defendant falls under the jurisdiction of a state and may be brought into that state’s court. FURTHER READINGS Casad, Robert C. 2008. Jurisdiction and Forum Selection (Callaghan’s Trial Practice Series). Eagan, MN: West. Casad, Robert C., and William M. Richman. 1998. Jurisdiction in Civil Actions. New York: Butterworth Legal Publications. Myers, Rosemary E. 1984. “Procedural Law.” New York Univ. Law Review 59. Rosenthal, Robert E. 2003. “From Zippo to ALS: Jurisdiction Over IP Violations on the Internet.” Journal of Internet Law (April). Shreve, Gene R. 2009. Understanding Civil Procedure. New York: LexisNexis/Matthew Bender. Tunick, David C. 1996. “Up Close and Personal: A Close-up Look at Personal Jurisdiction.” Creighton Law Review 29. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LONG-ARM STATUTE 403 Wildasin, Mark H., and Richard A. Jones. 2001. “Internet Jurisdiction: Is Pavlovich an Aberration or Can You Be Sued Anywhere There’s a Modem?” Journal of Internet Law (December). LOOPHOLE An omission or ambiguity in a legal document that allows the intent of the document to be evaded. Loopholes come into being through the passage of statutes, the enactment of regula- tions, the drafting of contracts or the decisions of courts. A loophole allows an individual or group to use some gap in the restrict ions or requirements of the law or contract for personal advantage without technically breaking the law or contract. In response, lawmakers and regulators work to pass reforms that will close the loophole. For example, in the federal tax code, a long-standing loophole was the so-called tax shelter, which allowed taxpayers to reduce their tax debt by making investm ents. Although not closed entirely, this loophole was substan- tially reduced by the TAX REFORM ACT OF 1986 (Pub. L. No. 99-514, 100 Stat. 2085 [codified as amended in numerous sections of 26 U.S.C.A.]). Loopholes exist because it is impossible to foresee every circumstance or course of conduct that will arise under, or in response to, the law. Loopholes often endure for a time because the y can be difficult to close. Those who benefit from a loophole will lobby legislators or regulators to leave the loophole open. In the case of ELECTION CAMPAIGN FINANCING , it is the legislators them- selves who benefit. The Federal Election Cam- paign Act Amendments of 1974 (Pub. L. No. 93-443, 88 Stat. 1263 [1974][codified as amended in scattered sections of 2 U.S.C.A. §§ 431–455 (1988)]) were passed to limit private financing of federal election campaigns. But loopholes in the law allow these limits to be circumvented. Through one loophole, intermediaries can pool or “bundle” contribu- tions so that the limit is not legally exceeded. Through another, money raised specifically for building political parties (soft money) is funneled into campaig ns. FURTHER READINGS Burke, Debra. 1995. “Twenty Years after the Federal Election Campaign Act Amendments of 1974: Look Who’s Running Now.” Dickinson Law Review 99 (winter). Paley, Amit R. “Wal-Mart Drops Plan for Side-by-Side Calvert Stores.” The Washington Post (May 17, 2005). Available online at http://www.washingtonpost.com/ wp-dyn/content/article/2005/05/16/AR2005051601271. html; website home page: http://www.washingtonpost. com (accessed September 6, 2009). Wardle, Geoffrey M. 1996. “Political Contributions and Conduits after Charles Keating and EMILY’s List: An Incremental Approach to Reforming Federal Campaign Finance.” Case Western Reserve Law Review 46 (winter). CROSS REFERENCE Lobbying. LOSS Diminution, reduction, depreciation, decrease in value; that which cannot be recovered. The term loss is a comprehensive one, and relative, since it does not have a limited or absolute meaning. It has been used interchange- ably with damage, deprivation, and injury. In the law of insurance, a loss is the ascertained LIABILITY of the insurer, a decrease in value of resources, or an increase in liabilities. It refers to the monetary injury that results from the occurrence of the contingency for which the insurance was taken out. Loss of earning capacity is an injury to an individual’s ability to earn wages at a future time and may be recovered as an element of damages in a tort case . LOSS OF CONSORTIUM See CONSORTIUM. LOSS OF SERVICES A deprivation of a family member, such as a parent or spouse, of the right to benefit from the performance of various duties, coupled with the privation of love and companionship, provided by the victim of a personal injury or wrongful death. PECUNIARY awards for loss of services are a type of COMPENSATORY DAMAGES, intended to serve as RESTITUTION for injuries sustained by family members. Family relationships can be interfered with in various ways. Along with economic losses from medical expenses, there might exist pain and suffering as well as loss of consortium and society. Damages for loss of services are recoverable by a parent whose child has been killed or injured; by a husband or wife whose spouse has been killed or injured; and, in some instances, by a father whose daughter has been a victim of seduction. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 404 LOOPHOLE The parent and child relationship involves many mutual duties, privileges, and obligations. A parent has the right to the services of his or her unemancipated infant. When a child is injured by tort in a manner which disables the child from performing services, a parent has a CAUSE OF ACTION to recover for the value of these services. This cause of action exists even where a child was not actually performing any services before being harmed. This RIGHT OF ACTION stems from the parental interest in the custody, society, companionship, and affe ction of his or her offspring. A husband may sue for the loss of personal services of his wife, includ ing the performance of various household duties as well as sexual relationships, companionship, and affection. LOST INSTRUMENTS Documents that cannot be located after a thorough, careful, and diligent search has been made for them. In some jurisdictions, docu ments that have been stolen are held to be lost. An instrument that the owner has voluntarily and intentionally destroyed in order to cancel its legal effects is not a lost instrument, nor is an instrument that has been mutilated. Generally the loss of a written instrument does not affect the validity of the transaction that it represents, since a copy can usually be established in court. An action to restore a lost instrument is not one for relief against a wrong but rather one to enforce the plaintiff’s interests. It can be initiated immedi- ately subsequent to the loss, and all interested persons should be made parties to, and should be given notice of, such proceedings. An action to establish a lost instrument indicating ownership of land, such as a deed, can be commenced by anyone who has an interest in the subject matter, such as an HEIR of a deceased property owner. This type of case is analogous to a QUIET TITLE ACTION. LOT In sales, a parcel or single article that is the subject matter of a separate sale or delivery, irrespective of whether or not it is adequate to perform the contract. In the securities and commodities market, a specific number of shares or a particular quantity of a commodity specified for trading. In the law of real estate, one of several parcels into which real property is divided. A lot is ordinarily one of SEVERAL contiguous pieces of land of which a block is composed. Real property is commonly described in terms of lot and block numbers on recorded maps and plats. v LOTT, CHESTER TRENT Trent Lott served the U.S. government for more than three decades. He was elected to both houses of the U.S. Congress and served subsequent terms as a member from the state of Mississippi. Comments suggesting his en- dorsement of segregationist views resulted in an uproar that led to his resignation as the Senate Majority Leader in December 2002. As a U.S. Senator from Mississippi, Trent Lott was a major political figure in the nation’s capitol. He first came to Washington as a Democratic congressional aide in the early 1960s. Lott is best-known for his conservative views, having served as a Republican in both the House of Representatives and the U.S. Senate. He was recognized for his leadership skills in Congress and was able to organize support for important issues among Republicans and Demo- crats. Paul Weyrich, a radio news commentator, once described Lott “as a wily Southerner. He likes to make deals, but sometimes, when he feels a great principle is at stake, he can be tough as nails.” Lott was elected by fellow senators as Senate majority leader on December 3, 1996. Born on October 9, 1941, in Grenada County, Mississippi, Chester Trent Lott moved with his family to the costal town of Pascagoula. His father, also named Chester, was a shipyard worker who later tried his hand in the furniture business. In a U.S. News & World Report interview, Lott described his father as “hand- some and outgoing, and I always thought he might actually run for office someday.” Lott entered the University of Mississippi (Ole Miss) in the fall of 1959. While at Ole Miss, Lott had his first real experience in politics. During his freshman year, he pledged the Sigma Nu fraternity. While he participated in Sigma Nu activities, Lott made many friends among members of other fraternities and independent student grou ps. Eventually, he was elected as president of both Sigma Nu and the university’s interfraternity council. Cheerleaders at Ole Miss GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LOTT, CHESTER TRENT 405 were also elected positions, and running for cheerleader provided Lott with another oppor- tunity to gain political skills in forming political blocks, cutting deals and doing door-to-door precinct work. No African American students attended the University of Mississippi when Lott first entered the school. During Lott’s senior year, on September 30, 1962, Air Force veteran JAMES MEREDITH enrolled at Ole Miss, protected by armed U.S. marshals. The small group was confronted by rock-throwing students and non- student protestors in violent demonstrations. By the time the violence ended, two people were dead and many others were injured and arrested. Lott worked to keep Sigma Nu fraternity members from taking part. However, four decades after Lott graduated from Ole Miss, evidence surfaced that Lott had helped to lead a successful battle to prevent blacks from joining his frater nity. Former CNN President Tom Johnson, a Sigma Nu member at the University of Georgia, told Time magazine, “Trent was one of the strongest leaders in resisting the integration of the national frater- nity in any of the chapters.” Due to the strong resistance among southern chapters, Sigma Nu remained segregated during that period. Graduating with a bachelor’s degree in public administration in the spring of 1963, Lott enrolled in the Ole Miss law school. While Lott attended law school, the VIETNAM WAR was expanding in scope and troop commitments. Like other college students Lott received a student deferment from the draft. By the time he had graduated from law school in 1967, Lott had married Patricia (Tricia) Thompson of Pascagoula and, under Selective Service rules, obtained a hardship exemption due to the birth of their first child, also named Chester. Lott and his family returned to Pascagoula. For a brief period, Lott worked in a private law firm, leaving after less than a year, when he was offered a top staff job by Congressman William M. Colmer, a Mississippi Democrat. The Lott family moved to Washington, D.C., in 1968 . Political skills learned at Ole Miss in organizing and in fluencing people earned Lott a reputation as an effective and able congressional aide. When Congressman Colmer announced his Chester Trent Lott 1941– ▼▼ ▼▼ 1925 2000 1975 1950 ❖ ◆ ◆ ◆ 1941 Born in Grenada County, Miss. 1939–45 World War II 1954 Brown v. Board of Education decision held racial segregation in public schools unconstitutional 1961–73 Vietnam War 1967 Earned J.D. from University of Mississippi 1973–89 Member of U.S. House of Representatives 1981–89 Served as House minority whip 1996 Elected Senate majority leader 1994 Elected Senate majority whip 2001 September 11 terrorist attacks 1989–2007 Member of U.S. Senate 2002 Resigned as Senate majority leader after making controversial remarks at Senator Strom Thurmond’s retirement party ◆◆ ◆ ◆◆ 2006 Elected Senate minority whip 2007 Resigned Senate seat Trent Lott. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 406 LOTT, CHESTER TRENT retirement from the House of Representatives in 1972, Lott announced his candidacy as a Republican to seek the vacant office. Lott was able to win Comer’s endorsement and support. He had a well-organized and tireless campaign. With the aid of the landslide re-election of President RICHARD NIXON, he was able to win the House seat with a vote margin of 55 percent. Arriving in Washington as a freshman Representative, Lott was appointed to member- ship on the House Judiciary Committee. As the youngest member of the committee, Lott became involved in the 1974 hearings to IMPEACH Presi- dent Nixon. The president had been implicated in the break-in of the Democratic National Com- mittee headquarters at an office complex called WATERGATE. After the president released tape recordings and transcripts indicating his involve- ment and a cover-up of the crime, Lott reversed his position as a staunch supporter and joined others in the call for the president’s resignation, which occurred less than a week later. Although Lott had vowed to fight against increased government controls from his seat in the House, he actually supported more federal spending for ENTITLEMENT programs, farm subsi- dies, public works projects, and the military. During his 16-year tenure in the U.S. House of Representatives, Lott was never credited with authoring any major legislation. However, he won praise for his work on tax and budget reform. He was an active member of the House, and served on the powerful House Rules Committee from 1975 – 89. With the support of his fellow Representa- tives, Lott was elected and served as minority whip from 1981–89. As minority whip, he was the second ranking Republican in the House of Representatives. He was also named chair of the Republican National Convention’s platform committees in 1980 and 1989. Lott, however, did not always support the legislative agenda of his political party. When President RONALD REAGAN proposed a tax-reform bill in 1985, Lott used his political power as minority whip to oppose the measure. Two years later, Lott joined with Democrats to override a presidential veto of a highway spending bill that included several highway projects in his home district. When Mississippi Democratic Senator John Stennis retired in 1988, Lott announced that he would seek the vacant Senate seat. He won with a 54 percent majority. As a Senator, Lott continued to focus his political talents on building coalitions and was appointed as a member of the Ethics Committee. He was later appointed as a member of the powerful Senate Budget Committee. Continuing his climb through the ranks of the Senate, Lott was elected as the secretary of the Senate Republican Conference in 1992. In 1994 he won the election for Senate majority whip by a one-vote margin, mak ing him the first person to be elected whip in both houses of Congress. Lott’s experiences as House minority whip helped him to establish a highly-organized whip system in the Senate. Individual members of Congress were drafted to organize and track colleagues on a regional basis. These regional whips provided daily briefings to Lott on crucial votes. One of the regional whips was also assigned to be on the Senat e floor at all times. Lott’s ability to work with both parties helped to end what was described in the popular press as budget gridlock. When the Senate majority leader, Bob Dole, announced his plans to retire from the Senate in order to run for president, Lott used his well-controlled whip organization to campaign for the vacant lead er- ship position. His organizational and political skills were rewarded, and he w as elected senate majority leader on June 13, 1996. The Senator’s stances on other major issues facing the nation were widely known. He articulated his views on numerous radio and television interview shows. He also took advan- tage of the electronic media and maintained a website that stated his position on key political and national issues. On the issue of a balanced national budget, Lott declared, “I understand the concerns regarding the Balanced Budget AMEND- MENT and want to assure you that I do not take amending our Constitution lightly. However, having watched many futile attempts to reduce the DEFICIT through legislation, I am convinced that an amendment to our Constitution is necessary.” Lott also described his position concerning prayer in public schools: “Ihave consistently advocated strong legislative action in support of the rights of students who wish to participate in voluntary prayer in their schools.” Lott was re-elected as Senate majority leader in 2002. However, at a retiremen t party for Senator Strom Thurmond, Lott praised Thurmond’s 1948 segregationist’s campaign for president, suggesting that the nation would A LOT OF … WHAT IS WRONG HERE IS NOT ENOUGH COMMUNICATION , NOT ENOUGH UNDERSTANDING OF HOW PEOPLE FEEL AND HOW … THERE HAS BEEN IMMORAL LEADERSHIP IN MY PART OF THE COUNTRY FOR A LONG TIME . —CHESTER “TRENT” L OTT GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LOTT, CHESTER TRENT 407 . CABOT LODGE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 400 LODGER of the minorities in favor of each of the measures into a majority that will adopt them all. Practice of including in one. service of process outside the state on nonresident individuals and corporations in actions arising GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 402 LOGGING out of (1) the transaction of any. party ◆◆ ◆ ◆◆ 20 06 Elected Senate minority whip 2007 Resigned Senate seat Trent Lott. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 4 06 LOTT, CHESTER TRENT retirement from the House of Representatives