Federal reserve banks, to furnish an elastic currency, to afford means of rediscounting COMMERCIAL PAPER,toestablishamoreeffective supervision of banking in the United States, and for other purposes.” It provided the establish- ment of up to 12 Federal Reserve banks (district banks) to develop policy with the seven-member FEDERAL RESERVE BOARD in Washington, D.C. (This board’s title was later changed to the Federal Reserve Board of Governors.) Glass’splanalso required all nationally chartered banks to be members of the Federal Reserve System and weakened the power of private banks. Although the Federal Reserve System would be criticized for failing to stave off the Great Depression in the 1930s, it would be credited with helping control the effects of a 1987 stock plunge. During the years leading up to WORLD WAR I, Glass headed a committee that investigated the act’s effectiveness and made amendments as needed. Three test cases in 1923 and 1926 resulted in various changes in the act, which continues to be altered as circumstances dictate. Glass was appointed Secretary of the Treasury in late 1918 and worked to develop and promote a new “Victory loan ” under Wilson’s administration (which was renamed “Fifth Liberty Loan” because the V looke d like the Roman numeral for 5) as World War I drew to a close. These loans were bonds that the U.S. government encouraged Americans to buy to help generate revenue for war debts and for rebuilding war-torn Europe. In February 1920, Glass resigned as secretary and accepted a vacant seat in the U.S. Senate. In early 1920, an election year, sentiments against Wilson grew. A movement took hold to select Glass as the Democratic presidential candidate. But Glass, a strong supporter and close friend of Wilson’s throughout his lifetime, did not support the effort. WARREN G. HARDING,a critic of the Federal Reserve Board, was elected president in 1920. In the late 1920s, conditions began to develop that would lead to a STOCK MARKET crash and the subsequent Great Depression. In fall 1928 Glass wrote an article addressing his concern that the Reserve System was being misused for financial speculation. In early 1929 he gave a speech on the Senate floor warning of financial disaster and urging that action be taken against individuals abusing the system in gambling ventures. Glass also began work on amendments to reduce the consequences of the disaster he suspected was coming. This work resulted in the Glass-Steagall Acts of 1932 and 193 3, sponsored by Glass and Representative Henry B. Steagall. The Glass-Steagall Acts marked the third time in early U.S. history that a major crisis precipitated banking reform. (The first was the Civil War and the development of the National Banking System; the second was the panic of 1907 and the development of the Federal Reserve Act.) The act of 1932 liberalized terms under which member banks could borrow from the Federal Reserve System. The act of 1933, also called the Banking Act of 1933, established the FEDERAL DEPOSIT INSURANCE CORPORATION. This institution guaranteed bank depositors’ savings, separated commercial banking from investment banking and insurance underwriting, regulated interests on time deposits, and increased the power of the Federal Reserve Board. Glass served in the Senate until 1946. He died May 28, 1946. FURTHER READINGS Brostoff, Steven. 1995. “Bank Bill May Limit Comptroller Power.” National Underwriter Property and Casualty— Risk and Benefits Management (June 12). “Insurers Back the Right Man, Still Lost Glass-Steagall Fight.” 1996. Best’s Review, Life-Health Insurance Edition (August). McConnell, Bill. 1996. “Glass-Steagall Repeal, Wider Powers Depend on Push by Congress’ Leaders.” American Banker (October 22). ———. 1996. “GOP Congressional Victories Seen as Boost for Glass-Steagall Repeal.” American Banker (November 7). Palmer, James E., Jr. 2007. Carter Glass: Unreconstructed Rebel. Whitefish, MT: Kessinger. CROSS REFERENCE Banks and Banking. GLEANING Harvesting for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner. Gleaning raises legal liability issues, espe- cially with respect to the quality of the food donated and any harmful effects that may come from donated food. A group of statutes known as Good Samaritan laws are meant to encourage the donation of food and groceries to nonprofit THE MAIN PURPOSE OF THE [GLASS- S TEAGALL] BILL WAS TO PREVENT THE USE OF THE FEDERAL RESERVE BANKING FACILITIES FOR STOCK - GAMBLING PURPOSES . —CARTER GLASS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 108 GLEANING charitable agencies by minimizing the number of legal actions against donors and distributors of foods. Prior to 1990, every state and the District of Columbia had some form of statutory protec- tion from liability for charitable food donation and distribution. These statutes were exceptions to the COMMON LAW or statutory rule of STRICT LIABILITY for distributing food or any other defective product that causes injury. The statutes vary greatly from jurisdiction t o juris- diction. Some provide liability only for gleaners’ or donors’ GROSS NEGLIGENCE or intentional acts, while others provide liability for mere NEGLI- GENCE . Others limit liability if the donor reasonably inspects the donated food at the time the donor makes the donation and has no actual or constructive knowledge of any defec- tive condition. But the inconsistency of the existingstatelaws prompted gleaners and donors who volunteer time and resources to help feed hungry people to express concern that their charitable work put themselves at legal risk. In 1996 Congress passed federal legislation providing uniform protection to gleaners, citizens, businesses, and nonprofit organizations that act in GOOD FAITH to donate, recover, and distribute excess food. The Bill Emerson Good Samaritan Food Donation Act (the Act), P.L. 104-210 (October 1, 1996), was named in honor of the late congressman who supported efforts to expand food donations to the poor and to protect those who make donations. It converted the Model Good Samaritan Food Donation Act to perma- nent law and incorporated it into section 22 of the Child Nutrition Act of 1966 (P.L. 89-642, October 11, 1966). The Child Nutrition Act of 1966 was an anti-hunger initiative begun during the President LYNDON B. JOHNSON administration as part of its “War on Pover ty ” and has been amended numerous times. Congress passed the act in late September 1996 and President BILL CLINTON signed the bill into law on October 1, 1996. The act encourages citizens to donate food and grocery products to nonprofit organizations such as homeless shel- ters, soup kitchens, and churches for distribu- tion to needy individuals. The act promotes food recovery by limiting donors’ liability to cases of gross negligence or intentional misconduct. In the absence of gross negligence or intentional misconduct, donors, gleaners, and nonprofit organizations are not subject to civil or criminal liability arising from the nature, age, packaging, or condition of food that is apparently wholesome. It also establishes basic nationwide uniform definitions pertaining to donation and distr i bution of nutritious foods and helps to assure that donated foods meet quality and labeling standards of federal, state, and local laws and regulations. The 1996 law encourages and protects gleaning by excluding from civil or criminal liability a person or nonprofit food organiza- tion that, in good faith, donates or distributes donated foods for food relief. The law does not supersede state or local health regulations and its protections do not apply to an injury or death due to gross neglect or intentional misconduct. As a federal law, the act takes precedence over individual states’ Good Samaritan laws, but it may not entirely replace such statutes. The act creates a uniform minimum level of protection from liability for donors and gleaners. But state Good Samaritan laws may still provide protec- tion for donors and gleaners above and beyond that guaranteed in the federal statute. FURTHER READINGS Feeding America Web site. Available online at http://www. feedingamerica.org (accessed July 27, 2009). USDA Gleaning and Food Recovery. “A Citizen’s Guide to Food Recovery.” Available online at http://www.usda. gov/news/pubs/gleaning/content.htm; website home page: http://www.usda.gov (accessed July 27, 2009). U.S. Department of Agriculture. 2009. “The Emerson Good Samaritan Food Donation Act.” Available online at http://www.usda.gov/news/pubs/gleaning/ seven.htm; http://www.usda.gov/news (accessed Sep- tember 4, 2009). CROSS REFERENCES Good Samaritan Doctrine; Liability. GLOSS An annotation, explanation, or commentary on a particular passage in a book or document, which is ordinarily placed on the same page or in the margin to elucidate or amplify the passage. GOING CONCERN VALUE The value inherent in anactive, established company as opposed to a firm that is not yet established. The value of the assets of a business considered as an operating whole. As a component of business value, going concern value recognizes the many advantages GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION GOING CONCERN VALUE 109 that an existing business has over a new business, such as avoidance of start-up costs and improved operating efficiency. In this sense, the going concern value of a firm represents the difference between the value of an established firm and the value of a start-up firm. Going concern value also indicates the value of a firm as an operating, active whole, rather than merely as distinct items of property. U.S. BANKRUPTCY law, for example, has recognized the need to preserve going concern value when reorganizing businesses in order to maximize recoveries by creditors and shareholders (11 U.S.C.A. § 1101 et seq.). Bankruptcy laws seek to preserve going concern value whenever possible by promoting the reorganization, as opposed to the liquidation, of businesses. Going concern value also implies a firm’s ability to generate income without interruption, even when ownership has changed (Butler v. Butler, 541 Pa. 364, 663 A.2d 148 [Pa. 1995]). Going concern value is distinguished from the concept of GOOD WILL, which refers to the excess value of a business that arises from the favorable disposition of its customers. Good will may include the value of such business elements as trade names, trade brands, and established location. FURTHER READINGS Bernstein, Donald S., and Nancy L. Sanborn. 1993. The Going Concern in Chapter 11. New York: Practising Law Institute. Oswald, Lynda J. 1991. “Goodwill and Going-concern Value: Emerging Factors in the Just Compensation Equation.” Boston College Law Review 32 (March). Venuti, Elizabeth K. 2004. “The Going-Concern Assump- tion Revisited.” The CPA Journal 40. Available online at http://www.nysscpa.org/cpajournal/2004/504/essentials/ p40.htm; website home page: http://www.nysscpa.org (accessed September 4, 2009). GOING PUBLIC Altering the organization of a corporation from ownership and control by a small group of people, as in a close corporation, to ownership by the general public, as in a publicly held corporation. When a corporation goes public, it opens up the sale of shares of its stock to the public at large. v GOLDBERG, ARTHUR JOSEPH Arthur Joseph Goldberg served as a justice of the U.S. Supreme Court from 1962 to 1965. A distinguished LABOR LAW atto rney, Goldberg also served as secretary of labor in the administra- tion of President JOHN F. KENNEDY from 1961 until his judicial appointment and as ambassa- dor to the UNITED NATIONS from 1965 to 1968 during the administration of President LYNDON B . JOHNSON. Johnson persuaded a reluctant Goldberg to resign from the Supreme Court to accept the U.N. assignment. Goldberg was born August 8, 1908, in Chicago, to Russian immigrants. He graduated from Northwestern University Law School in 1929 and entered the field of labor law in Chicago. Goldberg gained national attention in 1939 as counsel to the Chicago Newspaper Guild during a strike. He served in the Office of Strategic Services during WORLD WAR II and then returned to his labor practice in 1944. In 1948 he became general counsel for the United Steelworkers of America, a position he held until 1961. The steelworkers union was an important union during a time when U.S. heavy industry was thriving. Strikes or the threat of strikes in the steel industry had national repercussions. Goldberg proved adept in his role as general counsel, skillfully negotiating strike settlements, consolidating gains through COLLECTIVE BARGAINING, and helping with public relations. From 1948 to 1955 Goldberg also was general counsel for the Congress of Industrial Organizations (CIO), which contained most nontrade unions, such as those controlling manufacturing and mining jobs. The CIO had been created when the TRADE UNION members of the American Federation of Labor (AFL) showed no interest in organizing these indus- tries. There was a great deal of friction between the CIO and the AFL , yet the leadership of both organizations realized that a unified labor movement was a necessity. Goldberg was a principal architect of the 1955 merger of the CIO and AFL into the AFL-CIO. He then served as a special counsel to the AFL-CIO’s INDUSTRIAL UNION department from 1955 to 1961. In 1961 President Kennedy appointed Gold- berg secretary of labor. During the less than two years that Goldberg held this office, he saw congressional approval of an increase in the MINIMUM WAGE, and the reorganization of the Office of Manpower Administration (now the Employment and Training Administration). When Justice FELIX FRANKFURTER retired from the Supreme Court in 1962, Kennedy appointed GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 110 GOING PUBLIC Goldberg to the “Jewish seat.” The so-called Jewish seat began with the 1939 appointment of Felix Frankfurter, who was Jewish, to succeed Justice BENJAMIN CARDOZO, also Jewish. It was assumed that for political reasons, Democratic presidents would appoint a Jewish person to that vacancy. This tradition ended with the appointment of ABE FORTAS. The appointment of the liberal Goldberg, replacing the conservative Frankfurter, turned a four-justice liberal minority on the Court into a five-justice liberal majority, which was led by Chief Justice EARL WARREN. Goldberg became known as an innovative judicial thinker who moved the Court toward liberal activism. He usually joined the majority of WARREN COURT justices in extending the Court’s rulings into areas previously considered the realm of the states and of Congress. He was also an able negotiator within the Court, helping to smooth the way in reaching difficult and controversial decisions. Goldberg was a firm supporter of CIVIL RIGHTS and civil liberties. His best-known opinion came in the areas of CRIMINAL LAW and CRIMINAL PROCEDURE, when he wrote the majority opinion in ESCOBEDO V. ILLINOIS, 378 U.S. 478, 84 S. Ct. 1758, 12 L. Ed. 2d 977 (1964). In this case the Court struck down a MURDER conviction because the DEFENDANT had been denied the right to confer with his lawyer after his arrest. This decision was a major step toward the landmark decision in MIRANDA V. ARIZONA, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966), which gave suspects the right to be advised of their constitutional rights to remain silent, to have a lawyer appointed, and to have a lawyer present during interrogation. Goldberg believed in the constitutional right of due process. In a dissenting opinion in United States v. Barnett, 376 U.S. 681, 84 S. Ct. 984, 12 L. Ed. 2d 23 (1964), he argued that federal judges should not be allowed to use their contempt power to send persons to jail. When punishment for contempt of court could be meted out, the person held in contempt should be entitled to a jury trial. Although he did not prevail in Barnett, his dissent drew attention to the abuses of this practice and helped reduce it. In 1965 Goldberg appeared to have a promising judicial career. Yet he became one Arthur Goldberg. LIBRARY OF CONGRESS ▼▼ ▼▼ Arthur Joseph Goldberg 1908–1990 19001900 19501950 19751975 20002000 19251925 ❖ 1914–18 World War I ◆ 1929 Earned LL.D.from Northwestern University; admitted to Ill. bar ◆ 1939 Served as counsel for Chicago Newspaper Guild during 1939 strike 1939–45 World War II 1942–44 Served with Office of Strategic Services 1950–53 Korean War 1948–61 Worked as general counsel for the United Steelworkers of America 1948–55 Worked as general counsel for the CIO ◆ 1961 Appointed U.S. secretary of labor 1961–73 Vietnam War 1977–78 Served as ambassador-at-large 1965–68 Served as U.S ambassador to the United Nations 1962–65 Served as associate justice on U.S. Supreme Court ❖ 1990 Died, Washington, D.C. 1908 Born, Chicago, Ill. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION GOLDBERG, ARTHUR JOSEPH 111 of the few justices to give up his lifetime appointment to the Supreme Court for a reason other than retirement. In the summer of 1965, President Johnson asked Goldberg to resign from the Court and accept the U.S. ambassa- dorship to the United Nations, prom ising a larger role in foreign policy than was tradition- ally given to the U.N. delegate. Goldberg did so reluctantly and regretfully. When Johnson appointed his friend and political confidant Abe Fortas to replace Goldberg, many believed this had been the primary motive in offering Goldberg the U.N. post. Goldberg’s major achievement as U.N. ambassador w as his aid in drafting Security Council RESOLUTION No. 242 (22 SCOR 8–9, U.N. Doc. S/INF/Rev. 2), passed in November 1967, concerning peace measures in the Middle East. Goldberg tried continually and unsuccess- fully to make the United Nations play a role in a peace process that would end the VIETNAM WAR. His efforts were met with disfavor by Johnson and by Johnson’s advisers. Frustrated and disappointed by the failure of these efforts and the escalation of the war, Goldberg resigned his U.N. position in 1968. After his resignation Goldberg joined a New York City law firm and also served in 1968 and 1969 as president of the American Jewish Committee, a national HUMAN RIGHTS organiza- tion. He ran for governor of New York in 1970 as the Liberal-Democrat candidate, but incum- bent Nelson A. Rockefeller soundly defeated him. He then retu rned to Washington, D.C., where he resumed a PRIVATE LAW practice. In 1977 and 1978, Goldberg was a U.S. ambassador-at-large in the administration of President JIMMY CARTER. Following this assign- ment, he became deeply involved in the international human rights movement, a cause he pursued until his death. Goldberg wrote several books, including AFL-CIO Labor United (1956), Defense of Freedom (1966), and Equal Justice: The Warren Era of the Supreme Court (1972). He died January 19, 1990, in Washington, D.C. FURTHER READINGS Cushman, Clare. 2001. The Supreme Court Justices. Washington, D.C.: Supreme Court Historical Society. Moynihan, Daniel Patrick, ed. 1966. The Defenses of Freedom: The Public Papers of Arthur J. Goldberg. New York: Harper & Row. Stebenne, David L. 1996. Arthur J. Goldberg: New Deal Liberal. New York: Oxford Univ. Press. GOLDEN PARACHUTE An agreement that provides key executives with generous severance pay and other benefits in the event that their employment is terminated as a result of a change of ownership at their employer corporation; known more formally as a change-of- control agreement. Golden parachutes are provided by a firm’s BOARD OF DIRECTORS and, depen ding on the laws of the state in which the company is incorpo- rated, may require shareholder approval. These agreements compensate executives in the event that they lose their job or quit because they have suffered a reduction in power or status follow- ing a change of ownership of their employer corporation. Some golden parachutes are trig- gered even if the control of the corporation does not change completely; such parachutes open after a certain percentage of the corporation’s stock is acquired. Golden parachutes have been justified on three grounds. First, they may enable corpora- tions that are prime takeover targets to hire and retain high-quality executives who otherwise would be reluctant to work for them. Second, because the parachutes add to the cost of acquiring a corporation, they may discourage takeover bids. Finally, if a takeover bid does occur, executives with a golden parachute are more likely to respond in a manner that will benefit the shareholders. Without a golden parachute, executives might resist a takeover that would be in the interests of the share- holders, in order to save their own job. As golden parachutes have grown increas- ingly lucrative, they have come under criticism from shareholders who argue that they are a waste of corporate assets. These shareholders point out that managers already have a fiduciary duty to act in the best interests of their shareholders and should not require golden parachutes as an incentive. Especially suspect are large parachutes that are awarded once a takeover bid has been announced. Critics charge that these last-minute parachutes are little more than going-away presents for the executives and may encourage them to work for the takeover at the expense of the shareholders. As the practice of offering golden parachutes became more and more common in the 1980s, LAW NOT SERVED BY POWER IS AN ILLUSION ; BUT POWER NOT RULED BY LAW IS A MENACE WHICH OUR NUCLEAR AGE CANNOT AFFORD . —ARTHUR GOLDBERG GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 112 GOLDEN PARACHUTE efforts to place restrictions on the agreements increased. Many of these efforts stemmed from the realization that the practice, which had once showed positive stock returns for shareholders, was now producing negative stock returns. On February 6, 1996, the FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) issued a final rule that restricted troubled banks, thrifts, and holding companies from making golden para- chute payments. Exceptions to the rule are allowed for individuals who have qualified for pension and retirement plans. Other exceptions permit the FDIC to enforce the spirit of the law by allowing legitimate payments but stopping payments that might be considered abusive or improper. The rule also prevents FDIC-insured institutions from paying the legal expenses of employees who are the subject of related enforcement proceedings. The rule went into effect on April 1, 1996. Congress likewise restricted the use of golden parachutes in the Emergency Economic Stabili- zation Act of 2008, the rescue plan for the U.S. economy. The Act allows financial institutions to sell their troubled assets to the federal govern- ment either through a direct purchase or at an auction. If the federal government purchases troubled assets from an institution by direct purchase and receives a meaningful equity or debt position in the company, no golden parachutes are permitted for senior executives. This ban on golden parachutes expires when the government no longer holds an equity or debt position in the company. The result is different, however, if the federal government buys more than $300 million in troubled assets through an auction or bidding process. In that scenario, the Act prohibits the institution from entering into any new golden parachute agreements, but it allows golden parachute agreements in place prior to the acquisition of assets to remain in effect. A senior executive receiving such golden parachute payments faces profound tax ramifica- tions as a result, including an excise tax and loss of a tax deduction. The restrictions on golden parachutes were included in the Emergency Eco nomic Stabiliza- tion Act to face public outrage at the notion that institutions benefiting from taxpayer funds would terminate executives and allow them to depart with excessive golden parachutes. These concerns arose amidst news coverage suggesting that at least six major financial institutions participating in the bailout program had plans to pay their top executives billions of dollars. FURTHER READINGS Emergency Economic Stabilization Act of 2008. Available online at www.gpo.gov (accessed May 19, 2009). Mogavero, Damian J., and Michael F. Toyne. 1995. “The Impact of Golden Parachutes on Fortune 500 Stock Returns: A Reexamination of the Evidence.” Quarterly Journal of Business and Economics 34: 4. “New Powers: FDIC Cuts Down Golden Parachutes.” 1995. The Banking Attorney. 5: 12. Reid, Pelosi Call on Paulson to Strengthen Golden Parachute Restrictions on Financial Institutions Receiving Taxpayer Funds. Available online at democrats.senate.gov (accessed May 19, 2009). Hulbert, Mark. 2007. “Why Backdated Options Might Be Contagious.” New York Times (Jan. 21). Rosen, Kenneth M. 2008. “‘Who Killed Katie Couric?’ and Other Tales from the World of Executive Compensa- tion Reform.” Fordham Law Review 76 (May). Scannell, Kara and Joann S. Lublin. 2008. “SEC Unhappy with Answer on Executive Pay.” Wall Street Journal (Jan. 21) B1. v GOLDMAN, EMMA EMMA GOLDMAN was a crusader for ANARCHISM, feminism, and the labor movement. She was also an essayis t and is best known as the first editor of Mother Earth, a magazine providing a forum for feminist and anarchist writers. Goldman was born June 27, 1869, in Kaunas, Lithuania, a province of the Russian Empire, during the early stages of revolt against czarism and the rise in popularity of COMMUNISM.The seeds of the Bolshevik revolt were already being sown in the towns and villages throughout the country where discontent with czarist rule was strongest. Goldman, who described herself as a born rebel, came into the world as the third daughter of Abraham Goldman and Taube Goldman. Her parents’ marriage, like many Jewish Orthodox unions of the time, had been arranged. Goldman suffered the fate of being a female in a culture that valued males. When she was young, her father made no effort to disgu ise his disappointment at having still another daughter instead of the much-prized son he hoped for. He has been described as hot tempered and impatient, particularly with Goldman’s rebel- liousness, which she showed at an early age. He was a traditional Jewish father, and he planned to arrange a marriage for his daughter when she was 15. Goldman, however, had different ideas: She longed for an education and hoped GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION GOLDMAN, EMMA 113 someday to marry someone she loved. Goldman described her mother as cold and distant, but also strong and assertive, and she may have served as a role model for Goldman’s own forthright manner. After spending her childhood in Kaunas, Königsberg, and St. Petersburg, Goldman emigrated to the United States in 1885 with a sister. They joined another sister who had settled in Rochester, New York, where Goldman found work in a coat factory, sewing ten-and-a- half hours daily at a salary of $2.50 per week. She lived in a crowded apartment with her two sisters and her brother-in-law. Their working and living conditions, as well as those of others even more destitute, sparked her interest in anarchism and the labor movement, which was in its infancy. She joined radical groups agitating for an eight-hour workday and other improvements in factory conditions. Goldman was intensely interested in the Haymarket Square incident in Chicago in 1886. A labor rally called by a small group of anarchists was interrupted by a bomb explosion and gunfire. When it was over, seven police officers and four spectators were dead and 100 were injured. Eight anarchists were tried and convicted of inciting a riot. Four of the convicted were hanged, one committed suicide in prison, and the other three served prison sentences. Spurred by her outrage at this alleged injustice, Goldman began attending anarchist meetings and reading the militant anarchist newspaper Die Freiheit (Freedom). She felt herself irresistibly drawn to the movement, and in the summer of 1889, at the age of 20, she moved to New York City to be near the center of anarchist activity. After arriving in New York, Goldman befriended Johann J. Most, a well-known anarchist and publisher of Die Freiheit. She also met Alexander Berkman, who became her lover and with whom she remained close throughout her life. By this time, she was known as Red Emma, and she was followed by detectives wherever she went. She wrote, traveled, and lectured to promote anarchism and the labor movement. In 1893 she was briefly jailed for Emma Goldman. LIBRARY OF CONGRESS Emma Goldman 1869–1940 ▼▼ ▼▼ 18751875 19501950 19251925 19001900 ❖ ❖ 1869 Born, Kaunas, Lithuania ◆◆ ◆◆ 1886 Immigrated to Rochester, N.Y.; worked in a coat factory 1889 Moved to New York City to be near the center of the anarchist movement 1893 Jailed briefly for inciting workers to riot 1901 Accused of provoking President McKinley's assassination, but never prosecuted 1914–18 World War I 1906–17 Published Mother Earth magazine, a voice for feminism and anarchism 1917–19 Jailed for conspiring to prevent draft conscription ◆◆◆◆◆ 1931 Living My Life, an autobiography, published 1924 Moved to England 1922 My Disillusionment in Russia published 1919 Deported to Russia 1939–45 World War II 1940 Suffered a stroke while lecturing; died, Toronto, Canada 1921 Left Russia, settled in Germany GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 114 GOLDMAN, EMMA inciting workers to riot. After her release from jail, she traveled to Vienna to train as a nurse and midwife. She then returned to New York and resumed her lecturing. In 1901 she was accused of provoking the ASSASSINATION of President WILLIAM MCKINLEY, because the assassin had attended one of her lectures. No charges were ever brought against her, but newspapers throughout the United States portrayed her as an evil traitor because of her controversial ideas. In 1906 Goldman published the first issue of a magazine that was to serve as a platform for feminist and anarchist ideas. She called her venture Mother Earth, and within six months, it became a leading voice for feminism and anarchism. With Berkman, Goldman published the magazine until 1917, while she continued to travel, write, and lecture. During this time she carried on an eight-year relationship with Ben Reitman, Chicago’s King of the Hobos, a well- known anarchist and labor activist who became her manager. Goldman had long since given up her idealistic notions about marriage. She had been married twice to the same man, both times with disastrous results, and had carried on a number of love affairs. Goldman preferred the impermanence and freedom of short-term affairs and wrote in more than one essay that marriage was women’s greatest enemy because it robbed them of their independence. The entry of the United States into WORLD WAR I in 1917 precipitated a wave of hostility toward leftists, pacifists, anarchists, and foreign- ers. Legislation such as the Selective Service Act, the ESPIONAGE Act, and the SEDITION Act were passed during 1917 and 1918 in order to suppress opposition to the war or the draft and to restrict certain civil liberties. Heedless of the repressive mood of the country, Goldman and Berkman, along with Leonard D. Abbott and Eleanor Fitzgerald, organized the No- Conscription League to opp ose “all wars by capitalist governments.” In the June 1917 issue of Mother Earth, they declared, “We will resist conscription by every means in our power, and we will sustain those who refuse to be conscripted.” As a result of their antiwar activities, Goldman and Berkman were arrested and charged with conspiring to prevent draft registration. They were tried and convicted and each received the maximum sentence of two years in prison and $10,000 in fines. In December 1919, in the wake of a RED SCARE that led to the arrest and DEPORTATION of hundreds of leftists, anarchists, and labor organizers, Goldman and Berkman were deported to Russia. Goldman was optimistic about resuming life in Russia now that the czar had been toppled by the Bolsheviks, but her hopes quickly dissipated as the realities of the new government became apparent. In her o pinion, “the old cruel regime had simply b een replaced by a new, equally cruel one.” She and Berkman left Russia in 1921 and eventually went to Germany. During their y ears in Germany, Goldman lectured an d wrote a book, My Disillusionment in Russia (1923), detailing her disillusionment with Bolshevik rule. In 1924 Goldman moved to Eng land, but she longed to return to the United States. Accepting an offer of marriage to James Colton, a staunch Scottish anarchist she had known for many years, provided her with an opportunity for British citizenship and the possibility of obtaining a British passport. She hoped to make her way to Canada and somehow gain entry into the United States. During the 1920s and 1930s, she traveled through Europe, writing and lecturing, and in 1931 she published her autobiography, Living My Life. Goldman’s wish to return to the United States was granted for a brief 90-day lecture tour in 1934, after which she returned to Europe. In 1940, while on a trip to Canada to enlist support for the anti-Franco forces in Spain, Goldman suffered a stroke. She died several months later, on May 14, 1940, in Toronto. Her body was allowed to be returned to the United States for burial in Chicago near the graves of other anarchists she admired. FURTHER READINGS The Emma Goldman Papers. Berkeley Digital Library. Available online at http://www.sunsite3.berkeley.edu/ Goldman; website home page: http://www.sunsite3. berkeley.edu (accessed July 27, 2009). Falk, Candace, et al., ed. 2003. Emma Goldman: A Documentary History of the American Years. Berkeley: Univ. of California Press. Forster, Margaret. 1986. Significant Sisters: The Grassroots of Active Feminism 1839–1939. New York: Penguin Putnam. Goldman, Emma. 2006. Living My Life. New York: Penguin. Wexler, Alice. 1984. Emma Goldman: An Intimate Life. New York: Pantheon. CROSS REFERENCE Haymarket Riot. ALL WARS ARE WARS AMONG THIEVES WHO ARE TOO COWARDLY TO FIGHT AND WHO THEREFORE INDUCE THE YOUNG MANHOOD OF THE WHOLE WORLD TO DO THE FIGHTING FOR THEM . —EMMA GOLDMAN GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION GOLDMAN, EMMA 115 v GOLDWATER, BARRY MORRIS Barry Morris Goldwater was a former U.S. senator and presidential nominee. During almost 40 years in public life, he became the outspoken and controversial leader of the conservative wing of the REPUBLICAN PARTY. Goldwater was born January 1, 1909, in Phoenix, Arizona. His paternal ancestors were Orthodox Jewish innkeepers who emigrated from Poland in the mid-1800s to join the California gold rush. Goldwater’s father, Baron Goldwater, managed the family’s general store in Phoenix. This store was the humble begin- ning of what would become an enorm ously profitable chain, Goldwater’s Department Stores. Goldwater’s mother, Josephine Wil- liams, was a nurse who raised Goldwater and his siblings in her Episcopalian faith. A woman who loved outdoor activities, she took her children hiking and camping throughout Ari- zona and taught them the colorful history of the region. From her Goldwater acquired an abiding love of the Southwest and a deep appreciation of its people and its beauty. Goldwater was a mediocre student who preferred sports and socializing to studying. At Phoenix Union High Sch ool, he was elected president of his first-year class, but the principal advised his father that Goldwater should probably attend school elsewhere the following year. Against his strenuous objections, his parents sent him to Staunton Military Academy in Virginia. There he excelled at athletics and did better academically than anyone expected, being named best all-around cadet in 1928. Goldwater loved the military and dreamed of attending West Point. But when he graduated from Staunton, his father was in ill health, and Goldwater instead enrolled at the University of Arizona, at Tucson, to be near his home. His father died before he had finished his first year in college. Goldwater left school a year later to enter the family business. With his father gone, Goldwater turned to an uncle for advice and direction. He quickly worked his way up from junior clerk, to general manager in 1936, and to president in 1937. Under his leadership, Goldwater’s became Phoenix’s premier department store and leading specialty shop. Goldwater pioneered the five- day workweek and instituted many progressive fringe benefits for his employees, including health and life insurance, profit sharing, and use by employees of a vacation ranch. Also, Gold- water’s was the first Phoenix store to hire African Americans as salesclerks. Goldwater entered politics in 1949 when he was elected to the Phoenix City Council as a reform candidate. He was surprised to find that he loved politics. In 1950 he managed Howard Pyle’s successful campaign for governor of Arizona. In 1952 he was elected to the U.S. Senate on the strength of voter dissatisfaction with Democratic president HARRY TRUMAN and the KOREAN WAR. Elected as a Republican, Goldwater described himself as “not a me-too Republican” but one “opposed to the superstate and to gigantic, bureaucratic, centralized au- thority.” He quickly developed a reputation for “outspoken unreliability” because even his Republican colleagues could not predict what he might say. A maverick who spoke his mind regardless of consequences, Goldwater was the personifi- cation of the Western ideal of rugged individu- alism. He opposed any intrusion by the federal government in what he considered to be the state’s domain. While in the Senate, he consistently opposed federal spending for social programs, argued that contributions to SOCIAL ▼▼ ▼▼ Barry Morris Goldwater 1909–1998 19501950 19751975 20002000 19251925 ❖ ◆ 1909 Born, Phoenix, Ariz. 1914–18 World War I 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War ❖ ◆ ◆ 1928 Graduated from Staunton Military Academy; entered University of Ariz. 1949 Elected to Phoenix City Council 1952–64 Represented Ariz. in the U.S. Senate 1968–87 Represented Ariz. in the U.S. Senate 1964 Ran as Republican nominee for president and lost to Lyndon Johnson 1998 Died, Phoenix, Ariz. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 116 GOLDWATER, BARRY MORRIS SECURITY should be voluntary, and contended that medical programs for poor and elderly people would lead to socialized medicine. “Ido not undertake to promote welfare, for I propose to extend freedom,” he said. Throughout his career, Goldwater sought to reduce the role of government in citizens’ lives by eliminating unnecessary laws and social programs. One of Goldwater’s most controversial actions in the Senate was his staunch defense of Senator JOSEPH R. MCCARTHY, a notorious Communist hunter whose committee, through innuendo and guilt by association, ruined the lives and careers of many U.S. citizens by labeling them Communists or Commun ist sympathizers. Goldwater was criticized for trying to forestall a Senate vote on censuring McCarthy and then voting against the CENSURE. In 1958 Goldwater was easily reelected to the Senate despite a concerted campaign to defeat him by organized labor, a group he distrusted and criticized. By that time he had established himself as the outspoken leader of conservative Republicans. His statements were frequently off-the-cuff, sometimes contradi- ctory, and always quotable. He has been credited with saying that Walter P. Reuther, a labor movement leader, was a bigger threat than the Communists; that Supreme Court chief justice EARL WARREN, noted for his liberal opinions, was a socialist; and that Cuban premier Fidel Castro was just another Commu- nist who needed a shave. He was notoriously disdainful of what he called the Eastern establishment, who, according to him, were elitist and out of touch w ith the rest of the United States. He supported a strong military, and opposed efforts to lower defense spending and increas e social spending. His detractors scoffed at him, but his followers were fiercely devoted, perhaps because his nonintellectual, candid style reflected their own values. While in the Senate, Goldwater befriended JOHN F. KENNEDY, and, though they disagreed vehemently, they remained close friends until Kennedy’s death. Goldwater had hoped to run against Kennedy in 1964 ; the two had discussed the possibility of traveling the country together on an old-fashioned debating tour. When Kennedy was assassinated, Goldwater lost his desire to run. He felt he could not beat LYNDON B . JOHNSON. Nonetheless, supporters persuaded him to run. At the 1964 Republican convention in San Francisco, Goldwater was unanimously nomi- nated after an intense floor fight. In his acceptance speech, he uttered the words that would haunt him during the coming campaign and paint him, perhaps unfairly, as a one- dimensional warmonger. “I would remind you,” he said, “that extremism in the defense of liberty is no vice. And let me remind you also that moderation in the pursuit of justice is no virtue.” Johnson and the Democrats blasted Goldwater as a trigger-happy extremist who was willing to drop bombs whenever and wherever necessary to defend the interests of the United States. Capitalizing on the country’s growing un- ease with the war in Vietnam, the Johnson campaign developed a television commercial that many feel ushered in a new era of negative campaign advertising. The commercial showed a young girl standing in a field plucking petals from a daisy. A background voice recited an ominous countdown. Finally , the child evapo- rated in a mushroom cloud, and viewers were urged to vote for Johnson because, “The stakes are too high for you to stay home.” Goldwater acknowledged later that the Johnson campaign effectively exploited the public’s fear of his militancy. “In fact,” he said with sardonic wit, Barry Goldwater. LIBRARY OF CONGRESS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION GOLDWATER, BARRY MORRIS 117 . value of the assets of a business considered as an operating whole. As a component of business value, going concern value recognizes the many advantages GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E. to SOCIAL ▼▼ ▼▼ Barry Morris Goldwater 1909–1998 1 950 1 950 19 751 9 75 20002000 19 251 9 25 ❖ ◆ 1909 Born, Phoenix, Ariz. 1914–18 World War I 1939– 45 World War II 1 950 53 Korean War 1961–73 Vietnam War ❖ ◆ ◆ 1928. WHO THEREFORE INDUCE THE YOUNG MANHOOD OF THE WHOLE WORLD TO DO THE FIGHTING FOR THEM . —EMMA GOLDMAN GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION GOLDMAN, EMMA 1 15 v GOLDWATER, BARRY MORRIS Barry