Gale Encyclopedia Of American Law 3Rd Edition Volume 7 P36 doc

v O‘CONOR, CHARLES Charles O’Conor achieved prominence as a New York attorney and as counsel for the prosecution in the trial of the notorious Tweed Ring. O’Conor was born January 22, 1804, in New York City. After his ADMISSION TO THE BAR in 1824, O’Conor practiced law in New York for twenty years, specializing in corporation law. He attended the New York Constitutional Conven- tion in 1846 and served as U.S. district attorney from 1853 to 1854. After the American Civil War he became senior counsel for Jefferson Davis on his INDICTMENT for TREASON. In 1871 O’Conor began a four-year term as special deputy attorney general for New York State. During his tenure he acted as counsel for the prosecution in the trial of William M. (“Boss”) Tweed and his followers, who con- trolled a corrupt political machine in New York City. The trial resulted in the disbandment of the Tweed Ring. The year 1872 was a presidential election year and O’Conor was nominated for the presidency by a faction of the DEMOCRATIC PARTY known as the “Straight-Out Democrats” or “Bourbon Democrats,” a faction that denied their backing to Horace Greeley, and by the Labor Reformers party. He declined the nomi- nation but received 21,559 votes. The election was won by the INCUMBENT President, ULYSSES S. GRANT of the REPUBLICAN PARTY. After that presidential election, O’Conor served, in 1877, as counsel during the investigation of the controversial Rutherford B. Hayes-Samuel Til- den election results. O’Conor died May 12, 1884, in Nantucket, Massachusetts. OF COUNSEL A term commonly applied in the PRACTICE OF LAW to an attorney who has been employed to aid in the preparation and management of a particular case but who is not the principal attorney in the action. Of counsel is also sometimes used in refer- ence to an attorney who is associated with a law firm, but is neither a partner nor an associate. OF COURSE Any action or step that an individual might take during judicial proceedings without being required to ask the judge’s permission or that will receive the judge’s automatic approval if the individual does ask permission; that which is a matter of right. ▼▼ ▼▼ Charles O’Conor 1804–1884 1800 1850 1875 1900 1825 ❖ ❖ 1804 Born, New York City 1824 Admitted to New York bar 1846 Attended New York Constitutional Convention 1853–54 Served as U.S. district attorney 1868 William “Boss” Tweed elected to New York State Senate, headed Tammany Hall, the corrupt political machine in New York City 1871 Committee formed to investigate Tammany Hall abuses 1873 Tweed convicted of stealing public funds from the New York City treasury 1871–75 Served as special deputy attorney general of New York State 1877 Served as counsel during investigation into Hayes-Tilden election results 1884 Died, Nantucket, Mass. ◆◆ ◆◆◆ ◆◆◆ 1873 Served as counsel for Tweed’s prosecution 1872 Nominated for president by a faction of the Democratic Party Charles O’Conor. LIBRARY OF CONGRESS. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 338 O‘ CONOR, CHARLES OF RECORD Entered on the appropriate official documents maintained by a governmental body and that are usually available for inspection by the public. A mortgage is of record when it is entered in the appropriate records of the clerk in the area where the mortgaged property is located. When it is recorded, notice is thereby provided to anyone interested in purchasing the land that it is subject to certain encumbrances. An attorney of record is the lawyer whose name is contained in the records of the court as the principal lawyer handling an action. CROSS REFERENCE Recording of Land Titles. OFFENSE A breach of criminal law; a crime. An offense may consist of a felony (such as MURDER), a misdemeanor (such as PETIT LAR- CENY ), or an infraction (such as speeding). The term is used to indicate a violation of public rights as opposed to private ones. For example, ARSON is an offense, whereas libel is not. Offenses may involve commissions, such as VANDALISM, or omissions, such as TAX EVASION. As offenses invoke criminal laws, one who is found guilty of, or pleads guilty to an offense (an “offender”) is subject to criminal punish- ment, which may range from fines to public service or minimal or considerable jail or prison time. One particularly controversial issue in American CRIMINAL LAW involves the legal response to offenses committed by juveniles. The juvenile justice system exists mainly to rehabilitate, rather than punish, persons under the AGE OF MAJORITY for offenses they have committed, although sometimes juvenile offen- ders are tried as adults, as in cases of murder. OFFER A promise that, according to its terms, is contingent upon a particular act, forbearance, or promise given in exchange for the original promise or the performance thereof; a demonstration of the willingness of a party to enter into a bargain, made in such a way that another individual is justified in understanding that his or her assent to the bargain is invited and that such assent will conclude the bargain. The making of an offer is the first of three steps in the traditional process of forming a valid contract: an offer, an acceptance of the offer, and an exchange of consideration. (Consideration is the act of doing something or promising to do something that a person is not legally required to do, or the forbearance or the promise to forbear from doing something that he or she has the legal right to do.) An offer is a communication that gives the listener the power to conclude a contract. The question of whether a party in fact made an offer is a common question in a contract case. The general rule is that it must be reasonable under the circumstances for the recipient to believe that the communication is an offer. The more definite the commun ication, the more likely it is to constitute an offer. If an offer spells out such terms as quantity, quality, price, and time and place of delivery, a court may find that an offer was made. For example, if a merchant says to a customer, “I will sell you a dozen high- grade widgets for $100 each to be delivered to your shop on December 31,” a court would likely find such a communication sufficiently definite to constitute an offer. On the other hand, a statement such as “I am thinking of selling some widgets” would probably not be labeled an offer. The question of whether a communication constitutes an offer can be significant. An offer may bind the offerer to the terms of the offer if the recipient of the offer responds by accepting the offer and giving the offerer a partial payment. If the offerer accepts the payment, a deal has been struck, and the offerer is legally obligated to follow through on the agreement. If the offerer fails to fulfill the terms of the offer, the offeree may seek a remedy in court. There are many notable caveats to the general rules on offers. Generally, a simple price quote is not an offer. Advertisements are considered invitations for offers, not actual offers. However, an advertisement promising to pay an award may constitute an offer because only one person, or very few persons, will have the opportunity to accept the offer. An oral offer cannot be enforced against the offerer for agreements concerning real estate, contracts for the sale of goods priced at $500 or more, and transactions that cannot be com- pleted within one year. Such agreements must be in writing to be enforceable. These GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION OFFER 339 restrictions on oral offers are derived from the STATUTE OF FRAUDS, 29 Car. II, ch. 3, a law passed by the British Parliament in 1677 and designed in part to prevent false claims that an offer was tendered. If a person rejects an offer, it is considered terminated. Likewise, if the recipient of an offer changes its terms, the original offer is termi- nated and a new offer is created. This new offer is called a counteroffer, and the original offerer may accept it. In offers between merchants, a counteroffer may constitute acceptance of the original offer. Courts often hold that a contract is created when the facts show that two merchants agreed to make a sale but the recipient of the offer added terms to the agreement. In many such cases, a contract will be created as to the original offer, and the additional terms may be enforced. For example, assume that a wholesaler writes to a retailer, “Will sell 750 Grade A Fancy Pears immediately. Also have Grade A Fancy Cherries.” If the retailer writes back, “Will take 750 Grade A Fancy Pears and 10 bushels of Grade A Fancy Cherries,” a court may find that a contract had been created for the sale of pears and cherries. Courts find offer and acceptance more readily in communications between merchants because merchants are more sophisticated than non-merchants in the practice of making agreements. Nevertheless, a counteroffer be- tween merchants that adds new terms will not be enforced if the offer expressly limited acceptance to the terms of the offer, if the additional terms materially alter the intent of the parties, or if notification of rejection of the counteroffer was given to the recipient of the offer by the original offerer. If an offer indicates that it will terminate within a certain period of time, it cannot be accepted after the time has expired. The passage of a reasonable length of time may automati- cally terminate an offer. The determination of a reasonable length of time depends on the circumstances surrounding the offer. For exam- ple, if a wholesaler contacts a retailer offering to sell perishable produce, the retailer cannot wait six weeks and then accept the offer. Even if an item is nonperishable, an unusually lengthy response time may terminate an offer. For example, if the usual practice in the lumber business is a response time of less than two weeks, the offerer may refuse to honor the offer if the recipient of the offer does not respond within that time period. Some offers may be made irrevocable. An irrevocable offer is one that cannot be revoked by the offerer and terminates only upon the passage of time or rejection by the recipient. There are three types of irrevocable offers: (1) where the recipient of the offer pays the offerer for the promise to keep the offer open; (2) where the recipient of the offer partly or fully performs his or her obligations under the offer; and (3) firm offers under section 2-205 of the UNIFORM COMMERCIAL CODE. A firm offer is an assurance by a merchant to buy or sell goods. The assurance must be in writing. No consider- ation is necessary to support the promise that the offer will remain open. A firm offer created under section 2-205 remains open no more than 90 days. OFFERING See PUBLIC OFFERING. OFFICE AUDIT A thorough examination and verification of the tax returns and financial records of an individual or firm by the INTERNAL REVENUE SERVICE in the office of the agent who is conducting the review. OFFICE OF MANAGEMENT AND BUDGET The Office of Management and Budget (OMB), formerly the Bureau of the Budget, is an agency of the federal government that evaluates, formulates, and coordinates management pro- cedures and program objectives within and among departments and agencies of the EXECU- TIVE BRANCH . It also controls the administration of the FEDERAL BUDGET, while routinely providing the PRESIDENT OF THE UNITED STATES with recom- mendations regarding budget proposals and relevant legislative enactments. The Bureau of the Budget was first established in the Executive Office of the President pursuant to REORGANIZA- TION PLAN No. 1 of 1939 (5 U.S.C.A. app.), effective July 1, 1939. Its functions were reorganized and the office renamed OMB by EXECUTIVE ORDER No. 11,541 of July 1, 1970. Since the reorganization, the OMB has played a central role in analyzing the federal budget and GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 340 OFFERING making recommendations for changes in the budget. The OMB assists the president in develop- ing and maintaining effective government by reviewing the organizational structure and management procedures of the executive branch to ensure that the intended results are achieved. It works to develop efficient coordinating mechanisms to implement government activities and to expand interagency cooperation. The OMB assists the president and executive departments and agencies in preparing the budget and in formulating the government’s fiscal program. Italso publishes the president’spro- posed Budget of the U.S. Government every year. Once Congress approves a budget, the OMB supervises and controls the administration of it. In addition, it advises the president on proposed legislation and recommends to the president whether to sign or VETO legislative enactments. The office also assists in developing regula- tory reform proposals and programs for paper- work reduction, especially reporting burdens of the public. The OMB helps in considering, clearing, and, where necessary, preparing pro- posed executive orders and proclamations that will have an impact on the federal budget. The OMB has assumed an oversight role in determining the effectiveness of federal pro- grams. It plans and develops information systems that provide the president with pro- gram performance data, and it plans, conducts, and promotes evaluation efforts that assist the president in assessing program objectives, performance, and efficiency. The office also keeps the president informed of the progress of government agency activities with respect to work proposed, initiated, and completed. It coordinates work among the agencies of the executive branch to eliminate overlap and duplication of effort and to ensure that the funds appropriated by Congress are expended in the most economical manner. Finally, OMB works to improve the econ- omy, efficiency, and effectiveness of the pro- curement processes by directing procurement policies, regulations, procedures, and forms for the execut ive branch. OMB is composed of divisions that are organized by agency or program area and also by function. Resource Management Offices develop and support the president’sBudgetand Management proposals. The Budget Review Division provides technical support for budget- related negotiations and decisions. The Legislative Reference Division coordinates the position of the administration regarding budget-related legisla- tion. Statutory offices include the Office of Federal Financial Management, the Office of Federal Procurement Policy, the Office of Informa- tion and Regulatory Affairs, and the Office of E-Government and Information Technology. The OMB director is a key adviser on fiscal policy. The director often appears before congressional committees to explain budgetary proposals. The President appoints the director, subject to confirmation by the U.S. SENATE. President BARACK OBAMA’s selection as director in 2009 was Peter Orszag, who was formerly the director of the CONGRESSIONAL BUDGET OFFICE. The president also selects the OMB’s deputy direc- tor. Obama’s choice for deputy director in 2009 was Robert Nabors, the former staff director of the House Appropriations Committee. FURTHER READINGS Office of Management and Budget. Available online at http://www.whitehouse.gov/omb/ (accessed May 19, 2009). U.S. Government Manual. 2008–2009. http://www.gpoac- cess.gov/gmanual/ (accessed May 19, 2009). CROSS REFERENCE Executive Branch. OFFICE OF NATIONAL DRUG CONTROL POLICY The Office of National Drug Control Policy (ONDCP) was established by the National Narcotics Leadership Act of 1988 (21 U.S.C.A. § 1501 et seq.) and began operations in January 1989. ONDCP develops and coordinates the policies and objectives of the federal govern- ment’s program for reducing the use of illicit drugs. ONDCP seeks ways to combat the manufacture and distribution of illegal drugs, drug-related crime and violence, and drug- related health consequences. The director of ONDCP is charged with prod ucing the National Drug Control Strategy, which directs the U.S. anti-drug efforts and establishes a program, a budget, and guidelines for cooperation among federal, state, and local entities. By law, the director evaluates, coordinates, and oversees both the international and GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION OFFICE OF NATIONAL DRUG CONTROL POLICY 341 domestic anti-drug efforts of the EXECUTIVE BRANCH agencies and ensures that such efforts sustain and complement state and local anti- drug activities. The director is commonly referred to as the “drug czar” because he or she advises the president regarding changes in the organization, management, budgeting, and personnel of federal agencies that could affect the U.S. anti-drug effor ts. The director is a member of the NATIONAL SECURITY COUNCIL (NSC) and the Cabinet Council on Counternarcotics. ONDCP drug-control priorities include treatment, prevention, domestic law enforce- ment, and interdiction and international initia- tives. It presumes that chronic, hard-core drug use is a disease and that anyone suffering from the disease needs treatment. ONDCP seeks to create a balance between sanctions for drug- related criminal activity and treatment of an addictive disease. In the area of prevention, ONDCP seeks to reverse the upward trend in drug use and find ways to empower communities to address their drug problems. It develops and implements initiatives that attempt to prevent illicit drug use by young people and other high-risk populations. ONDCP also emphasizes the need for strong, effective law enforcement efforts, in- cluding strong sanctions against drug offenders. Key priorities for domestic law enforcement are the disruption and dismantling of drug traffick- ing organizations, including seizure of their assets, and the investigation, arrest, prosecution, and imprisonment of drug traffickers. It seeks to attack drug trafficking organizations at every level, from the drug kingpin to the street-corner dealer, through a careful coordination of federal, state, and local law enforcement efforts. In the international sphere, ONDCP views interdiction as an important component of national drug policy. It cooperates with other nations in building their law enforcement institutions, attacking drug production facilities, interdicting drug shipments in both source and transit countries, and dismantling drug traffick- ing organizations. The director of ONDCP is supported by a number of organizational units. The Office of Demand Reduction undertakes and oversees activities to reduce the demand for drugs, including drug education, drug prevention, drug treatment, and related efforts for the rehabilitation of persons addicted to drugs. This office also conducts research on drug use and periodically convenes expert panels to assess state-of-the-art approaches to reducing the demand for drugs. The Office of Supply Reduction seeks to reduce the availability, production, and distri- bution of illicit drugs in the United States and abroad. The Office of State and Local Affairs coordinates agency relationships and outreach efforts to state and local government agencies. The Counter-Drug Technology Assessment Center is the central counter-drug enforcement research and development organization of the federal government. It works to identify the scientific and technological needs of federal, state, and local law enforcement agencies. The election of President GEORGE W. BUSH in 2000 boosted efforts of conservatives who sup- ported governmental funding for “faith-based” drug treatment programs. In 2003 the director of the ONDCP announced President Bush’splanfor a three-year, $600 million voucher plan that would give such programs access to federal funds. During the mid-2000s, Bush proposed to transfer the High-Intensity Drug Trafficking Program from the ONDCP to the JUSTICE DEPARTMENT to better coordinate the program efforts with the Justice Department’s ORGANIZED CRIME and Drug Enforcement Task Force. Lawmakers opposed the move, and the transfer never took place. During the formation of the HOMELAND SECURITY DEPARTMENT in 2003, the department and the ONDCP jointly created the position of the counter-narcotics officer/U.S. interdiction coordinator. One of the responsibilities for this position is to ensure that all Homeland Security Department counter-drug policies and efforts are aligned with the president’s National Drug Control Strategy. The ONDCP broadcasts its message by using media campaigns involving a Web site, ads, and other means of disseminating infor- mation. For fiscal year 2010, President BARACK OBAMA requested a budge t of $15.1 billion for the Office of National Control Policy. This represented a 1.5 percent increase over the office’s 2009 budget. The ONDCP employs a staff of about 110. FURTHER READINGS Office of National Drug Control Policy Website. Available at http://www.whitehousedrugpolicy.gov (accessed May 20, 2009). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 342 OFFICE OF NATIONAL DRUG CONTROL POLICY U.S. Government Manual Website. Available online at http://www.gpoaccess.gov/gmanual/ (accessed May 20, 2009). CROSS REFERENCE Drugs and Narcotics; Executive Branch. OFFICE OF THRIFT SUPERVISION The Office of Thrift Supervision (OTS) was established as a bureau of the TREASURY DEPART- MENT in August 1989 as part of a major REORGANIZATION PLAN of the thrift regulatory structure mandated by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) (12 U.S.C.A. § 1462a). The reorganization resulted from the savings and loan crisis of the 1980s, when a newly deregulated thrift industry invested in high-risk REAL ESTATE ventures, many of which co llapsed. This situation led to enormous financial losses and the call for more federal regulation and oversight. The OTS is authorized to charter federal thrift institutions and to serve as the primary regulator of the 1,700 federal- and state- chartered thrifts that belong to the Savings Association Insurance Fund. Its purpose is to maintain the safety, soundness, and viability of the thrift industry by adopting regulations that seek to prevent unreasonable lending risks, examining and supervising thrift institutions, and enforcing compliance with federal laws and regulations. In addition to overseeing thrift institutions, OTS oversees companies that own thrifts and controls the acquisition of thrifts by such holding companies. OTS is organized into five main divisions. The Washington Operations Office develops national policy guidelines to clarify and imple- ment statutes and regulations and establishes programs to implement new policies and law s. This division monitors the condition of the thrift industry and attempts to identify emerg- ing supervisory problem areas. The Regional Operations division examines and supervises thrift institutions through five regional offices located in Jersey City, Atlanta, Chicago, Dallas, and San Francisco. These offices also promote housing and other financial services in areas with the greatest need. The regional offices oversee the training and devel- opment of federal thrift regulators throu gh accredited programs. The Chief Counsel division provides a full range of legal services to OTS, including drafting regulations, representing the agency in court, and taking enforcement actions against savings institutions that violate laws or regulations. The staff of the Congressional Affairs division interacts with me mbers of Congress, congressional staff, and committee members to accomplish the legislative objectives of OTS. This division provides information to Congress about the office’s supervisory, regulatory, and enforcement activities. The Public Affairs division disseminates information, including policies, regulations, and key developments within the office. It also maintains an archive of business records and documented actions of OTS and its predecessor, the Federal Home Loan Bank Board. OTS uses no tax money to fund its regulation. Its expenses are met through fees and assessments on the thrift institutions it regulates. OTS is headed by a director appointed by the president and confirmed by the SENATE to serve a five-year term. During the economic crisis in the late 2000s, OTS had an active role. Several financial institutions either failed or came close to failure in 2008 and 2009. One of the largest companies to struggle was American International Group (AIG), which fell under the supervision of OTS because AIG owned at least one savings and loan. AIG engaged in complex transactions, which nearly collapsed the company due to AIG’s practices. Because of its oversight power, OTS received criticism for not stepping in more quickly. OTS files annual performance reports regarding its activities. Since the late 1990s it has expanded its Web site, offering consumers information on the stability of the thrift institutions it regulates. Beginning in 2001, it has prepared regulations in “plain English” to reduce confusion. FURTHER READINGS Office of Thrift Supervision. Available online at http://www. ots.treas.gov/ (accessed May 20, 2009). U.S. Government Manual Website. Available online at http://www.gpoaccess.gov/gmanual/ (accessed May 20, 2009). CROSS REFERENCE Savings and Loan Association; Treasury Department. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION OFFICE OF THRIFT SUPERVISION 343 OFFICER An individual with the responsibility of perform- ing the duties and functions of an office that is a position of trust. There are several types of officers in the law enforcement field, including parole officers, probation officer s, police officers, peace officers, and corrections officers. Police Officer A police officer is mostly responsible for maintaining public order, preventing and detecting crimes, and apprehending criminals. He or she is sworn to an oath and granted the power to arrest and imprison suspects. A police officer is also respon sible for policing minor offenders by issuing citations that could lead to the imposition of fines, especially violations of traffic laws. Police also assist persons in distress, such as people experiencing a medical emer- gency or motorists whose car has broken down. They are usually trained in basic first aid such as CPR. Additionally, some park rangers are commissioned as law enforcement officers. Corrections Officer A corrections officer is a person responsible for the supervision, safety, and security of prisoners in a prison or jail. He or she is responsible for the CUSTODY, care, and control of individuals who have been arrested and are awaiting trial, or who have been convicted of a crime and sentenced to serve time in a prison or jail. Corrections officers are also responsible for the safety and security of a correctional facility. Most are employed by the government, al- though some are employed by private compa- nies. Some of their other duties may include enforcing rules and regulations; maintaining order in the institution where they work; searching inmates and cells for CONTRABAND; reporting inmate misbehavior; and transporting inmates to hospitals, courts, or other correc- tional facilities. Probation Officer A probation officer is an individual who investigates and supervises defendants who have not yet been sentenced to a term of INCARCERA- TION . He or she is an officer of the court who is responsible for cond ucting presentence investi- gations of offenders and preparing presentence reports, and is responsible for supervising persons on probation and supervised release. Depending on the jurisdiction, probation officers may or may not also serve as parole officers. A probation officer can serve at the city, county, state, or federal level. Probation officers are required to have excellent written and oral communication skills and have a broad knowl- edge of the criminal justice system. Parole Officer A parole officer is the transverse of a probation officer. His or her role is to supervise offenders released from incarceration after a review and consideration of a warden, parole board, and other prison authority. Parolees will generally serve the remainder of their incarceration sentence outside of prison and within the community. The role of the parole officer is to help acclimate the prisoner into society. For their protection, most parole officers wear a badge and may carry a concealed weapon. In some jurisdictions, they may also be required to attend training at the police academy and be certified. Peace Officer A peace officer is also known as a “law enforcement officer.” He or she is responsible for upholding the peace. PEACE OFFICERS include police officers, customs officers, corrections officers, probation officers, parole officers, auxiliary officers, and sheriffs or marshals and their deputies. A peace officer is sworn under oath, carries a badge, and may carry a concealed weapon. He or she may also arrest suspects or refer such arrests for criminal prosecution. Public Officers A public officer is ordinarily defined as an individual who has been elected or appointed to exercise the functions of an office for the benefit of the public. Executive officers, suc h as the president or state governors, are public officers charged with the duty to ascertain that the law is enforced and obeyed. A legislative officer, such as a member of Congress, has the duty of making the laws. A public officer whose duties include administering justice, adjudicating controver- sies, and interpreting the laws is called a judicial officer. A de jure officer is one who is legally appointed and qualified to exercise the office. A de facto officer is an individual who appears to be legally qualified and appointed to an office but is not, due to some legal technicality, such as failure to file a financial disclosure statement within the time prescribed by statute. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 344 OFFICER A public office must be created either by statute or by constitutional provision. Public officers are distinguishable from public employ- ees in that they are required to take an oath of office and are appointed or elected to specified terms of office. The eligibility, duties, and compensation of public officers are defined by statute. Removal from office occurs when an officer is dismissed from his or her position by a superior officer acting according to law. Suffi- cient cause must exist to justify the removal. When an individual is wrongfully removed from office, he or she may seek reinstatement. Other Officers A military officer is one who has been commis- sioned as such in the ARMED SERVICES. An officer of a corporation is someone, such as the president, vice president, treasurer, or secretary, whose main duties are to oversee the efficient operation of the business. There are several other types of officers, such as a medical and bank officers, who also hold high positions of authority. CROSS REFERENCE Officers of the Court. OFFICERS OF THE COURT An all-inclusive term for any type of court employee including judges, clerks, sheriffs, mar- shals, bailiffs, and constables. Such persons take an oath to uphold the judicial system and are bound to ethical standards. An attorney is also regarded as being an officer of the court and must therefore comply with court rules. However, as the U.S. Supreme Court held in Cammer v. United States, 350 U.S. 399, 76 S. Ct. 456, 100 L.Ed. 474 (1956), an attorney is not the kind of officer who can be tried for CONTEMPT under a statute allowing federal courts to punish “misbehavior of any of its officers in their official transactions. Cam- mer, an attorney in the District of Columbia, had been found guilty of contempt for sending a questionnaire to a grand jury.” OFFICIAL GAZETTE A compilation published weekly by the United States Patent an d Trademark Office (USPTO) listing all the patents and trademarks issued and registered, thereby providing notice to all inter- ested parties. Once a trademark application has been examined by a USPTO examini ng attorney and is found to be entitled to registration, it is published in the Official Gazette. The Official Gazette provides anyone who believes they woul d be damaged by the registration of a published mark an opportunity to challenge the proposed registration. Once the trademark has been published in the Official Gazette, anyone who believes that the register- ing party’s use of the mark might damage him or her has 30 days in which to file an opposition to the registration. If such an opposition is made, the registering party will be informed and then he must fight it or abandon the trademark. If no oppositions are filed, or if any opposition is successfully overcome, the application w ill proceed to registration. OFFSET A contrary claim or demand that may cancel or reduce a given claim; a counterclaim. Often used interchangeably with “setoff” (or “set-off”), the term refers to a debtor’s claim for money owed to him or her from a creditor. Offset also refers to the debtor’s right to reduce the amount he or she owes the creditor by an amount owed by the creditor. OKLAHOMA CITY BOMBING See TERRORISM “The Oklahoma City Bombing” (Sidebar); VENUE “Venue and the Oklahoma City Bom bing Case” (Side bar). OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE The federal Old-Age, Survivors, and Disability Insurance (OASDI) system was developed pur- suant to the federal SOCIAL SECURITY ACT OF 1935 (42 U.S.C.A. §§ 401 et seq.) to provide government benefits to eligible retirees, disabled individuals, and surviving spouses and their dependents. Old-Age, Survivors, and Disability Insur- ance benefits are mont hly payments made to retired people, families whose wage earner has died, and workers who are unemployed because of sickness or accident. Workers qualify for such protection by having been employed for the mandatory minimum amount of time GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 345 and by having made contributions to Social Security. There is no financial need require- ment. Once a worker qualifies for protection, his or her family is also entitled to protection. The OASDI program is geared toward helping families as a matter of social policy. The OASDI program is funded by payroll taxes levied on employees, their employers, and the self-employed. The rate of the contributions is based upon the employee’s TAXABLE INCOME, up to a maximum taxable amount, with the employer contributing an equal amount. The self-employed person contributes twice the amount levied on an employee. In 2009 a TAX RATE of 6.2 percent was levied on EARNED INCOME up to a maximum of $106,800 to fund OASDI. The OASDI tax rate for self-employment income earne d in taxable years beginning in 2009 is 12.4 percent. Old-Age Benefits Old-age benefits were the cornerstone of the original SOCIAL SECURITY Act, which was passed in 1935. In 1940 old-ag e benefits totaled $35 million. The figure rose to $961 million in 1950, $11.2 billion in 1960, $31.9 billion in 1970, $120.5 billion in 1980, and $247.8 billion in 1990. By 2009 nearly 51 million Americans were anticipated to receive $650 billion in old- age benefits. Because of the increasing median age of the adult population, these figures are constantly growing. To be eligible for OASDI benefits, a person must have worked a minimum number of calendar quarters, which increases with the worker’s age. Forty quarters is the maximum requirement. Once a person earns credit for the required number of calendar quarters, she or he is insured. Workers born before 1950 can retire at age 65 with full benefits based on their average income during working years. For those workers born between 1950 and 1960, the retirement age has increased to age 66. Workers born in 1960 or later will be awarded full benefits for retirement at age 67. A person may retire at age 62 and receive less than full benefits. A worker’s spouse who has not contributed to Social Security receives, at age 65, 50 percent of the amount paid to the worker. Survivors’ Benefits Survivors’ benefits are payments made to family members when a worker dies. The payments are intended to help ease the financial strain caused by the loss of the worker’s income. Survivors can receive benefits if the deceased worker was employed and contributed to Social Security long enough to be considered insured. When a wage earner dies, his or her spouse and unmarried minor children are entitled to receive benefits. In addition to monthly checks, the worker’s surviving spouse, or if there is none, another eligible person, may receive a lump-sum payment of $255. Disability Benefits A person who becomes unable to work and expects to be disabled for at least twelve months or who will probably die from the condition can receive OASDI payments before reaching retire- ment age. A worker is eligible for disability benefits if she or he has worked enough years before the on set of disabilities. A disability is any physical or mental condition that prevents the worker from doing substantial work. Examples of disabilities that meet the statutory criteria include brain damage, heart disease, kidney failure, severe arthritis, and serious mental illness. The Social Security Administration (SSA) determines whether a person’s disability is SOURCE: Social Security Administration, Fact Sheet on the Old-Age, Survivors, and Disability Insurance Program, December 31, 2008. Old-Age, Survivors, and Disability Insurance Retired workers Spouses of retired workers Children of retired workers Survivors of deceased workers Disabled workers Spouses of disabled workers Children of disabled workers 35,169 2,370 525 6,456 7,427 155 0 10,000 20,000 40,000 1,692 Number of beneficiaries (in thousands) BENEFICIARIES, BY TYPE OF BENEFIT, IN 2008 30,000 ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 346 OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE serious enough to justify the awarding of benefits. The SSA determines whether the impairment is so severe that it significantly affects basic work activity. If the answer is yes, the worker’s medical data are compared with a set of guidelines known as the Listing of Impairments. If the claimant is found to suffer from a condition contained in this list, payment of the benefits will be approved. If the condition is less severe, SSA determines whether the impairment prevents the person from doing his or her former work. If not, the application will be denied. If so, a determination is made as to whether the impairment will prevent the applicant from doing other work present in the economy. SSA then uses a series of guidelines that attempt to combine consideration of the applicant’s residual functional capacity with the factors of age, education, and experience. The guidelines classify work into three types: sedentary work, light work, and medium work. If the SSA determines that an applicant can perform one of these types of work, it will deny benefits. A claimant may appeal this decision and ask for a hearing in which to present further evidence, including personal testimony. If the recommendation of the administrative law judge conducting the hearing is adverse, the claimant may appeal to the Social Security Administration’s Appeals Council. If the claim- ant loses the appeal, she or he may file CIVIL ACTION in federal district court seeking review of the agency’s adverse determination. Three types of benefits are available to persons who meet the OASDI disability eligibil- ity requirements: monthly cash payments, vocational rehabilitation, and medical insur- ance. Cash payments begin, provided proper application has been made, with the sixth month of disability. The amount of the monthly payment depends on the am ount of earnings on which the employee has paid Social Security taxes and the number of eligible dependents. The maximum for a family usually equals roughly the amount to which the disabled employee is entitled as an individual plus allowances for two dependents. Vocational rehabilitation services are pro- vided through a joint federal-state program. Persons receiving cash payments for disability may continue to receive them for a limited time after they begin to work or near the end of a program of vocational rehabilitation. This period is referred to as the trial work period and may last as long as nine months. Medical services are available through the MEDICARE program in which a recipient of OASDI disability benefits begins to participate 25 months after the onset of disability. Over the years, more than a few studies have forecast the imminent BANKRUPTCY of Social Security, including OASDI benefits. These predictions are typically based on two factors: (1) the number of persons eligible for Social Security is scheduled to increase as more members of the Baby Boom generation enter retirement, while (2) the number of workers paying taxes to fund the federal programs is scheduled to decline. Having paid Social Security taxes for most of their adult lives, many older Americans are naturally concerned about any changes to their benefits after they retire. This widesprea d concern makes amend- ing Social Security a politically volatile issue. Nonetheless, Congress has been able to enact modest modifications to the OASDI program. For example, in 2004, Congress made persons fleeing prosecution, custody, or con- finement for a felony ineligible to receive OASDI benefits (Pub. L. No. 108-203, § 203, 118 Stat. 493 [2004]). Previ ously, only persons who had been convicted of a felony and confined in a jail, prison, or other penal institution or correctional facility were made ineligible for OASDI benefits by reason of their criminal behavior. Subsequently, the U.S. House of Rep resen- tatives proposed a bill (Comprehensive Immu- nosuppressive Drug Coverage for Kidney Trans- plant Patients Act of 2009, H.R. 1458) that, if passed, would amend the OASDI program to do the following: (1) continue entitlement to prescription drugs used in immunosuppressive therapy furnished to an individual who receives a kidney transplant for which payment is made under Medicare; and (2) extend Medicare secondary payer requirements for end-stage renal disease (ESRD) beneficiaries. Congress also proposed to amend the OASDI program to do the following: (1) phase out the waiting period for disabled individuals to become eligible for benefits under SSA Title XVIII (Medicare); and (2) eliminate the waiting period for individuals with life-threatening conditions to become eligible for such benefits (Ending the Medicare Disability Waiting Period GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 347 . Department. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION OFFICE OF THRIFT SUPERVISION 343 OFFICER An individual with the responsibility of perform- ing the duties and functions of an office that. faction of the Democratic Party Charles O’Conor. LIBRARY OF CONGRESS. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 338 O‘ CONOR, CHARLES OF RECORD Entered on the appropriate official documents maintained. of trust. 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