Gale Encyclopedia Of American Law 3Rd Edition Volume 10 P20 doc

in a manner likely to imperil the peace and tranquillity of the neighborhood. The FIRST AMENDMENT to the U.S. Constitu- tion guarantees individuals the right of freedom of assembly. Under the COMMON LAW and modern statutes; howev er, the meeting of three or more persons may constitute an unlawful assembly if the persons have an illegal purpose or if their meeting will breach the public peace of the community. If they actually execute their purpose, they have committed the criminal offense of riot. Under the common law, when three or more individuals assembled for an illegal purpose, the offense of unlawful assembly was complete without the commission of any addi- tional OVERT ACT. Some modern state statutes require both assembly and the commission of one of the acts proscribed by the statutes, even if the purpose of the assembly is not completed. Generally, an unlawful assembly is a misde- meanor under both common law and statutes. The basis of the offense of unlawful assembly is the intent with which the individuals assemble. The members of the assembled group must have in mind a fixed purpose to perform an illegal act. The time when the intent is formed is immaterial, and it does not matter whether the purpose of the group is lawful or unlawful if they intend to carry out that purpose in a way that is likely to precipitate a BREACH OF THE PEACE . An assembly of individuals to carry on their ordinary business is not unlawful. Conversely, when three or more persons assemble and act jointly in committing a criminal offense, such as ASSAULT AND BATTERY, the assembly is unlawful. Many jurisdictions require that all those who participate in unlawful assemblies incur criminal responsibility for the acts of their associates performed in furtherance of their common objective. However, some jurisdictions only require a preconceived unlawful purpose or design before the group assembles. Still others do not require a common purpose but on ly the execution of an unlawful act by three or more persons. The mere presence of an individual in an unlawful assembly is enough to charge that person with participation in the illegal gathering. Political gatherings and demonstrations raise the most troublesome issues involving unlawful assembly. The line between protecting freedom of assembly and protecting the peace and tranquility of the community is often difficult for courts to draw. In the 1960s, in a series of decisions involving organized public protests against racial SEGREGATION in southern and border states, the U.S. SUPREME COURT threw out breach- of-the-peace convictions involving African Americans who had participated in peaceful public demonstrations. For example, in Edwards v. South Carolina, 372 U.S. 229, 83 S. Ct. 680, 9 L. Ed. 2d 697 (1963), the Court held that the conviction of 187 African American students for demonstrating on the grounds of the state capitol in Columbia, South Carolina, had infringed on their “constitutionally pro- tected rights of free speech, free assembly, and freedom to petition for redress of their grievances.” In Adderley v. Florida, 385 U.S. 39, 87 S. Ct. 242, 17 L. Ed. 2d 149 (1966), however, the Court also made clear that assemblies are not lawful merely because they involve a political issue. In this case, Harriet L. Adderley and other college students had protested the arrest of CIVIL RIGHTS protesters by blocking a jail driveway. When the students ignored requests to leave the area, they were arrested and charged with TRESPASS. The Court held that “[t]he State, no less than a private owner of property, has power to preserve the property under its control for the use to which it is lawfully dedicated.” In general, a unit of government may reasonably regulate parades, processions, and large public gatherings by requiring a license. Licenses cannot be denied based on the political message of the group, however. Persons who refuse to obtain a license and hold their march or gathering may be charged with unlawful assembly. FURTHER READINGS Abu El-Haj, Tabatha. 2009. “The Neglected Right of Assembly.” UCLA Law Review. 56 (February). Zick, Timothy. 2009. Speech Out of Doors: Preserving First Amendment Liberties in Public Places. New York: Cambridge University Press. CROSS REFERENCES Freedom of Speech; Time, Place, and Manner Restrictions. UNLAWFUL COMMUNICATIONS Spoken or written words tending to intimidate, menace, or harm others. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 178 UNLAWFUL COMMUNICATIONS The guarantee of FREEDOM OF SPEECH in the FIRST AMENDMENT to the U.S. Constitution is not absolute. Many state and federal criminal laws prohibit persons from making threats and other unlawful communications. In addit ion, a person who makes unlawful communications may be sued in a civil tort action for damages resulting from the threats or communications. It is unlawful to threaten a person with the intent to obtain a pecuniary advantage or to compel the person to act against her will. This type of threat constitutes the crime of EXTORTION. For example, Colorado law states that any person “who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or IMMUNITY is guilty of extortion” (C.S.S. § 28-3.1-543). Nineteen states have laws against terrorizing or making terroristic threats. Terrorizing usually means threatening to commit a crime of violence or unlawfully causing the evacuation of a building or facility. Terroristic threat is generally defined as threatening to kill another with the intent of putting that person in fear of imminent death and under circumstances that would reasonably cause the victim to believe that the threat will be carried out. Judges and government officials are common targets of such threats. Many states have also enacted antistalking laws, which deal with unwanted communications. STALKING is a criminal activity consisting of a series of actions that are designed to threaten but, taken individually, might constitute legal behavior. For example, sending flowers, writing love notes, and waiting for someone outside her place of work are actions that, on their own, are not criminal. When these actions are coupled with intent to injure or instil l fear, however, they may constitute a pattern of behavior that is illegal. A stalking victim may ask a court to issue a protection or RESTRAINING ORDER that directs the DEFENDANT not to communicate or come within the vicinity of the victim. If the defendant persists in communicating with the victim, a court may hold the defendant in CONTEMPT, impose fines, or incarcerate the defendant, depending on state law. However, it is often difficult for victims to receive police protection after gaining a court order, making the legal relief ineffective. Other specialized criminal offenses also deal with unlawful communications. For example, threatening to harm the PRESIDENT OF THE UNITED STATES and using the U.S. mail to transmit threatening communications are federal offenses. Under the civil TORT actions of LIBEL AND SLANDER , a person who defames the good name and reputation of another may be sued for damages. The action of libel is based on a written defamatory communication, and a slander action is based on oral DEFAMATION.In addition, a PLAINTIFF can recov er damages for the intentional infliction of severe mental or emotional suffering or for the unreasonable intrusion upon his privacy caused by threats or unlawful communications. UNLAWFUL DETAINER The act of retaining possession of property without legal right. The term unlawful detainer ordinarily refers to the conduct of a tenant who is in possession of an apartment or leased property and refuses to leave the premises upon the expiration or termination of the lease. Typically, the landlord wishes to evict the tenant for not paying the rent or for endangering the safety of the other tenants or the landlord’s property. Under COMMON LAW a landlord was person- ally permitted to enter and remove a tenant by force for nonpayment or violation of the lease. U.S. state laws, however, require a landlord to file what is called an unlawful detainer action in a court of law. To satisfy the DUE PROCESS rights guaranteed to the tenant by the FIFTH AMENDMENT to the U.S. Constitution, the landlord must strictly follow the statutory procedures, or the tenant can challenge the unlawf ul detainer proceedings on technicalities and force the landlord to start over again. Each state has its own type of unlawful detainer proceeding. In Minnesota, for example, the landlord must show cause (have a legitimate reason) to bring such an action. According to Minnesota law, legitimate reasons include the tenant’s nonpayment of rent, other breach of the lease, or refusal to leave after notice to vacate has been properly served and the tenancy’slastday has passed (Minn. Stat. § 566.03 [1992]). Both landlords and tenants must take a number of steps in an unlawful detainer action. In Minnesota, for example, the landlord must file a complaint against the tenant in district GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION UNLAWFUL DETAINER 179 court. The landlord must then serve the tenant with a summons (at least seven days before the court date) ordering the tenant to appear in court (Minn. Stat. § 566.05). Within seven to 14 days after the summons is issued, a co urt hearing takes place, and both the tenant and the landlord are asked to give their sides of the story (Minn. Stat. § 566.05). The judge then delivers a decision. If the judge decides that the tenant has no legal reason for refusing to leave or pay the rent, the judge orders the tenant to vacate and, if necessary, orders the sheriff to force the tenant out. If the tenant can show that immediate eviction will cause substantial hardship, however, the court may give the tenant up to one week in which to move. A delay based on hardship is not available if the tenant is causing a NUISANCE or seriously endangering the safety of other residents, their property, or the landlord’s property (Minn. Stat. § 566.09, subd. 1). If a tenant has paid the landlord or the court the amount of rent owed, but is unable to pay the interest, costs, and attorney’s fees, the court may issue a writ of restitution that permits the tenant to pay these amounts during the period the court delays issuing an eviction order (Minn. Stat. § 504.02, subd. 1). If the unlawful detainer action was brought because the tenant had not paid the rent, and the landlord prevails, the tenant may pay the back rent plus costs and still remain in possession of the unit, provided payment is made before possession of the rental unit is delivered to the landlord. If the action was brought because the tenant withheld the rent due to disrepair, and the tenant prevails, the judge may order that the rent be abated (reduced) in part or completely. Only a sheriff or sheriff’s deputy can physically evict a tenant. The tenant must be given notice that an eviction order has been issued. Most states give the tenant at least twenty-four hours’ notice before the sheriff arrives to perform the actual eviction. FURTHER READINGS Brown, David. 2009. “California Landlord’s Law Book: Evictions.” 13th ed. Berkeley, CA: Nolo. Office of Minnesota Attorney General. 1997. “Landlords and Tenants: Rights and Responsibilities.” St. Paul, MN: Office of Minnesota Attorney General. CROSS REFERENCE Landlord and Tenant. UNLIQUIDATED Unassessed or settled; not ascertained in amount and thus subject to adjudication in court. An unliquidated debt, for example, is one for which the precise amount owed cannot be determined from the terms of the contractual agreement or another standard. Similarly, unliquidated damages are not readily ascertain- able via a contractual provision and are determined by a court according to the particular circumstances, as in most tort cases. An unliquidated claim is one that lacks an advance solution and has yet to be resolved, and it does not bear interest. UNWRITTEN LAW Unwritten rules, principles, and norms that have the effect and force of law even though they have not been formally enacted by the government. Most laws in America are written. The U.S. CODE,theCODE OF FEDERAL REGULATIONS, and the Federal Rules of CIVIL PROCEDURE are three examples of written laws that are frequently cited in federal court. Each state has a similar body of written laws. By contrast, unwritten law consists of those customs, traditions, practices, usages, and other maxims of human conduct that the government has recognized and enforced. (The Roman Empire recognized both written and unwritten laws, although the Romans specifically equated unwritten law with customs.) Unwritten law is most commonly found in primitive societies where illiteracy is prevalent (often because the particular society has no written language, as was the case with many Native American tribes before European settlers arrived). Because many residents in such societies cannot read or write, there is little point in publishing written laws to govern their conduct. Instead, societal disputes in primitive societies are resolved informally, through appeal to unwritten maxims of fairness or popularly accepted modes of behavior. Litigants present their claims orally in most primitive societies, and judges announce their decisions in the same fashion. The governing body in primitive societies typically enforces the useful traditions that are widely practiced in the community, while those practices that are novel or harmful fall into disuse or are discouraged. Much of INTERNATIONAL LAW is a form of primitive unwritten law. For centuries, the RULES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 180 UNLIQUIDATED OF WAR governing hostilities between belligerents consisted of a body of unwritten law. While some of these rules have been codified by international bodies such as the UNITED NATIONS, many have not. For example, retaliatory repri- sals against acts of TERRORISM by a foreign government are still governed by unwritten customs in the international community. Each nation also retains discretion in formulating a response to the aggressive acts of a neighboring state. In the United States, unwritten law takes on a variety of forms. In CONSTITUTIONAL LAW the U.S. Supreme Court has ruled that the DUE PROCESS CLAUSE of the Fifth and Fourteenth Amendments to the U.S. Constitution protects the right to privacy even though the word privacy is not mentioned in the written text of the Constitution. In COMMERCIAL LAW, the UNIFORM COMMERCIAL CODE permits merchants to resolve legal disputes by introducing evidence of unwritten customs, practices, and usages that others in the same trade generally follow. The entire body of COMMON LAW, comprising cases decided by judges on matters relating to TORTS and contracts, among other things, is said to reflect unwritten standards that have evolved over time. In each case, however, once a court, legislature, or other government body formally adopts a standard, principle, or MAXIM in writing, it ceases to be an unwritten law. CROSS REFERENCES Case Law; Trade Usage. UPSET PRICE The dollar amount below which property, either real or personal, that is scheduled for sale at an auction is not to be sold. An upset price is intended as a minimum price. In a decree for a JUDICIAL SALE,it constitutes a direction to the officer conducting the sale not to accept any bid that falls below the fixed price. In a final decree in a foreclosure sale, an upset price should be sufficient to cover costs and allowances made by the court, the certificates and interest of the receiver, and any liens in existence. U.S. CHAMBER OF COMMERCE The U.S. Chamber of Commerce is the world’s largest not-for-profit federation of businesses, representing more than three million businesses and organizations in the United States. As of 2009, the chamber was comprised of 2,800 state and local chambers and 830 business associa- tions. There were also 92 U.S. Chambers of Commerce abroad. Businesses that make up the chamber range from Fortune 500 companie s to home-based operations consisting of one or two people. Approximately 96 percent of the chamber membership consists of businesses with fewer than 100 employees. The chamb er states that its mission is to “advance human progress through an economic, political, and social system based on individual freedom, incentive, initiat ive, opportunity, and responsibility.” The chamber has historically been an influential lobbyist for legislation that favors the free enterprise system. It looks to its membership to help define policy on national issues critical to business. Once a policy is developed, the chamber informs Congress and the administration of the business community’s recommendations on legislative issues and government policies. The U.S. CHAMBER OF COMMERCE was founded in 1912 at a conference called by President WILLIAM HOWARD TAFT in Washington, D.C. At the time of the conference, there were many local chambers of commerce throughout the United States. Cha mbers are now organized at the local, state, and regional levels, and all of them may hold membership in the national organization. The headquarters of the national chamber is in Washington D.C. It is controlled by a large national board of directors, with a chair and president elected by the board each year. The chamber’s policy division provides members with the opportunity to influence pro-business issues in Washington through the use of satellite video conferences and town hall meetings that are broadcast directly from the chamber offices. The division convenes meetings of business leaders and also provides opportunities for chamber members to meet with and question congressional candidates in small, informal gatherings. The chamber’s Small Business Institute (SBI) seeks to provide small business profes- sionals and their employees with self-study training programs and interactive satellite seminars. Subjects include marketing, management, productivity, technology, and forecasting. The chamber also offers an online catalog that provides access to books, audio programs, GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION U.S. CHAMBER OF COMMERCE 181 videotapes, and software that deal with business topics. Several affiliate d organizations work closely with the chamber. The Center for International Private Enterprise (CIPE) was formed under congressional mandate in 1983. CIPE has sponsored nearly 200 programs promoting economic growth and democratic development in more than 40 countries worldwide as part of a program called the National Endowment for Democracy. The National Chamber Foundation (NCF) is a PUBLIC POLICY research organization that concentrates on economic and business issues. It researches and analyzes issues and provides educational tools to improve under- standing of economics and business. The Center for Leadership Development, the educational division of the NCF, conducts training for chamber and association managers and business executives. The cha mber publishes a monthly magazine, the Nat ion’s Business, for its members. The magazine is aimed at the owners and top management of small businesses and provides practical information about running and expand- ing an established business. FURTHER READINGS Lefkowitz, Martin. 1993. What 100 New Jobs Mean to a Community. Washington, DC: Economic Policy Divi- sion, U.S. Chamber of Commerce. Lucas, Robert E., Jr. 2002. Lectures on Economic Growth. Cambridge, MA: Harvard Univ. Press. U.S. Chamber of Commerce. Available online at http:// www.uschamber.com (accessed June 5, 2009). CROSS REFERENCES National Association of Manufacturers U.S. CIVIL WAR The U.S. Civil War, also called the War between the State s, was waged from April 1861 until April 1865. The war was precipitated by the secession of 11 Southern states during 1860 and 1861 and their formation of the Confederate States of Amer ica under President Jefferson Davis. The Southern states had feared that the new president, ABRAHAM LINCOLN, who had been elected in 1860, and Northern politicians would block the expansion of SLAVERY and endanger the existing slaveholding system. Though Lincoln did free Southern slaves during the war by issuing the EMANCIPATION PROCLAMATION,he fought primarily to restore the Union. The war began on April 12, 1861, when Confederate artillery fired on Fort Sumter in Charleston, South Carolina. In the ten weeks between the fall of Fort Sumter and the convening of Congress in July 1861, Lincoln began draft- ing men for military service, approved a naval blockade of Southern ports, and suspended the writ of HABEAS CORPUS.TheU.S.SUPREME COURT upheld Lincoln’s authority to take these actions in the Prize cases (67 U.S. [2Black] 635, 17 L. Ed. 459; 70 U.S. [ 3Wall.] 451, 18 L. Ed. 197; 70 U.S. [3Wall.] 514, 18 L. Ed. 200; 70 U.S. 559, 18 L. Ed. 220 [1863] ). The Court concluded that the president had the authority to resist force without the need for special legislative action. On July 21, approximately 30,000 Union troops marched on Richmond, Virginia, the capital of the CONFEDERACY. They were routed at the Battle of Bull Run and forced to retreat to Washington, D.C. The de feat shocked Lincoln and Union leaders, who called for 500,000 new troops for the Union Army of the Potomac. General ULYSSES S. GRANT brought the Union its first victory in February 1862, when his troops captured Fort Henry and Fort Donelson in Tenn essee. Grant fought in the Battles of Shiloh and Corinth, Tennessee, before forcing the surrender of Vicksburg, Mississippi, on July 4, 1863. The Union also had its first strategic naval victory in 1862. In March the ironclad CSS Virginia attacked the Union blockage. Despite early signs of success for the Confederates, the Virginia on March 9 had to face the new Union warship, USS Monitor, in the Battle of the Ironclads. Though the battle ended in a stalemate, the fact that the blockage had not been breached was a strategic victory for the North. The Army of the Potomac, however, did not have such success. A Union summer offensive against Confederate forces led by General Robert E. Lee fared badly. Union forces were defeated at the Seven Days Battle and later that summer at the Second Battle of Bull Run. Lee then invaded Maryland but was checked at Antietam on September 17, 1862. Lincoln despaired at the poor leadership demonstrated by the commanders of the Army of the Potomac. He replaced General George B. McClellan with General A. E. (Ambrose Everett) Burnside, but when Burnside faltered, Lincoln appointed General Joseph Hooker commander. Hooker proved no better. His attempt to GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 182 U.S. CIVIL WAR outmaneuver Lee’s forces at Chancellorsville, Virginia, in May 1863, led to defeat, retreat, and Hooker’s dismissal as commander. Lee then invaded Pennsylvania, where a chance encounter of small units led to the Battle of Gettysburg on July 1. The new Union commander, General George G. Meade, directed a successful defense at Gettysburg, forcing Lee to return to Virginia. In March 1864, Lincoln gave Grant com- mand of the Union armies. Grant planned a campaign of attrition that would rely on the Union’s overwhelming superiority in numbers and supplies. Though Union forces would suffer enormous casualties as a result of this strategy, he concluded that the devastation experienced by the Confederate troops would be even greater. In the late summer 1864, Grant sent General William T. Sherman and his troops into Georgia. Sherman captured and burned the city of Atlanta in September and then set out on his march through Georgia, destroying everything in his pat h. He reached Savannah on Dece mber 10 and soon captured the city. Most historians agree that the Union’s strategy of decimating the South’ssupplieswas the first act of Total War in U.S. history. Total war is a strategy whereby one side targets every facet of its enemy, including civilians and civilian property. In fact, the first use of the term Total War focused on Sherman’s march through the South. In the spring 1864, Grant commanded the Army of the Potomac against Lee’s forces in the Wilderness Campaign, a series of violent battles that took place in Vi rginia. Battles at Spot- sylvania and Cold Harbor extracted heavy Union casualties, but Lee’s smaller army was, as Grant had hoped, devastated. Grant laid siege to Petersburg for ten months, pinning down Lee’s troops and slowly destroying their morale. By March 1865, Lee’s army had suffered numerous casualties and desertions. Grant began the final advance on April 1, and captured Richmond on April 3. On April 9, 1865, at Appomattox Court House, Lee surrendered his Confederate fo rces, signaling an end to the Civil War. The casualties had been enormous for both sides. More than 359,000 Union soldiers had died, while the Confederate dead numbered 258,000. The war ended SLAVERY. On September 22, 1862, Lincoln had announced the ABOLITION of slavery in areas occupied by the Confederacy Texas Texas Virginia Virginia Tennessee Tennessee Alabama Alabama MS MS Arkansas Arkansas Louisiana Louisiana Georgia Georgia Florida Florida South South Carolina Carolina North Carolina North Carolina DC DC New Mexico Territory Texas Indian Territory Kansas Nebraska Territory Dakota Territory Colorado Territory Utah Territory Nevada Territory Washington Territory California Oregon Kentucky MI IN WV Virginia NJ VT Maine NH MA CT RI MD DE Illinois Ohio New York PA Tennessee Alabama MS Arkansas Louisiana Missouri Iowa MN WI Georgia Florida South Carolina North Carolina DC Atlantic Ocean Pacific Ocean Gulf of Mexico Union slave state Union free state Slave state seceding after Fort Sumter, April 1861 Slave state seceding before Fort Sumter, April 1861 Confederate states 0 0 400 kilometers 400 miles LINES OF SECESSION, 1860–1861 Map of the continental United States, labelled Lines of Secession, 1860– 1861. ILLUSTRATION BY CHRISTINE O’BRYAN. GALE GROUP. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION U.S. CIVIL WAR 183 effective January 1, 1863. The wording of the EMANCIPATION PROCLAMATION on that date had made clear that slavery was still to be tolerated in the border states and areas occupied by Union troops so as not to jeopardize the war effort. Lincoln w as uncertain that the Supreme Court would uphold the constitutionality of his action, so he lobbied Congress to adopt the THIRTEENTH AMENDMENT to the U.S. Constitution, which abolished slavery. Lincoln’s wartime suspension of the writ of habeas corpus meant that military commanders could arrest persons suspected of being sympa- thetic to the Confederacy and have them imprisoned indefinitely. After the war the Supreme Court, in Ex parte Milligan (71 U.S. 2, 18 L. Ed. 281 [1866]), condemned Lincoln ’s directive establishing military jurisdiction over civilians outside the immediate war zone. The Court strongly affirmed the FUNDAMENTAL RIGHT of a civilian to be tried in a regular court of law with all the required procedural safeguards. Both Britain and France remained neutral during the war. The North feared that Britain would side with the South, especially when a British ship builder constructed two Confederate warships in 1861. Britain also constructed most of the blockade runners used to outrun Union blockage ships. Nevertheless, neither Britain nor France changed its neutral position, and Britain’s shipbuilding had little effect on the outcome of the war. FURTHER READINGS Donald, David Herbert. 2009. Charles Sumner and the Coming of the Civil War. Naperville, Ill.: Sourcebooks. Wagner, Margaret E., Gary W. Gallagher, and Paul Finkel- man, eds. 2002. The Library of Congress Civil War Desk Reference. New York: Simon & Schuster. Woodworth, Steven E. 2009. Sherman. New York: Palgrave Macmillan. CROSS REFERENCES Johnson, Andrew; Military Government; Texas v. White. U.S. CODE A multivolume publication of the text of statutes enacted by Congress. Until 1926, the positive law for federal legislation was published in one volume of the Revised Statutes of 1875, and then in each subsequent volume of the statutes at large. In 1925, Congress authorized the preparation of the U.S. Code and appointed a revisor of statutes to extract all the sections of the Revised Statutes of 1875 that had not been repealed and all of the public laws that were still in effect from the Statutes at Large since 1873. These laws were rearranged into fifty titles and published in four volumes as the U.S. Code, 1926 edition. Thereafter, an annual cumulative supplement containing all the laws passed since 1926 was published. In 1932, a new edition of the code was published, which incorporated the cumulative supplements to the 1926 edition. This became the U.S. Code , 1932 edition. Every six years, a new edition of the code is published, incorporating the annual cumulative supplements prepared since the previous edition. U.S. CODE ANNOTATED ® A multivolume work published by West Group that contains the complete text of federal laws enacted by Congress that are included in the U.S. Code, together with case notes (known as annotations) of state and federal decisions that interpret and apply specific sections of federal statutes, plus the text of president ial proclamations and executive orders. The U.S. Code Annotated, popularly re- ferred to by its abbreviation U.S.C.A., also includes editorially prepared research aids, such as cross-references to related statutory sections, historical notes, and library references, that facilitate research. U.S.C.A. is also available online and in CD-ROM format. U.S. COMMISSIONERS The former designation for U.S. magistrates. General Robert E. Lee surrenders his confederate forces to General Ulysses S. Grant at Appomattox Court House on April 9, 1865, signalling the end of the Civil War. CORBIS. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 184 U.S. CODE U.S. CONSTITUTION See CONSTITUTION OF THE UNITED STATES. U.S. COURT OF APPEALS FOR VETERANS CLAIMS After nearly four decades of debate on the subject, Congress exercised its power under Article I of the Constitution and passed the Veterans Judicial Review Act of 1988 (VJRA) (102 Stat. 4105 [38 U.S.C.A. § 4051][recodified at 38 U.S.C.A. § 7252 [1991]]). Originally called the U.S. Court of Veterans Appeals, the new court came into existence on November 18, 1988, the day President GEORGE H. W. BUSH signed the VJRA. Subsequent legislation changed the name of the court on March 1, 1999, to the U.S. Court of Appeals for Veterans Claims. One of several special ized federal courts established by Congress under Article I— including the U.S. Court of Military Appea ls, the U.S. Court of Federal Claims, and the U.S. Tax Court—the U.S. Court of Appeals for Veterans Claims exercises exclusive jurisdiction over the decisions of the Board of Veterans Appeals (BVA). People seeking veterans’ benefits who are turned down by the BVA may appeal their case to the U.S. Court of Appeals for Veterans Claims. Claimants may further avail themselves of the judiciary by appealing unfavorable U.S. Court of Appeals for Veterans Claims decisions to the limited review of the U.S. Court of Appeals for the Federal Circuit and ultimately to the SUPREME COURT OF THE UNITED STATES . In the mid-1980s, 75 million U.S. citizens— one-third of the population of the United States—were eligible for some form of veterans’ benefits. Then, as in the early 2000s, war veterans and their dependents and survivors could apply to one of the 58 regional offices of the VETERANS ADMINISTRATION (VA) for disability, loan eligibility, education, and other benefits. In an average year in the 1980s, nearly 800,000 disability claims were filed, about half of which were granted by the regional offices. Before the U.S. Court of Appeals for Veterans Claims was created, people whose claims were turned down had limited recourse, which did not include review by a court of law. If a regional office of the VA denied a claim, the claimant could appeal that decision within the VA to the BVA. If the BVA denied the appeal—which it did in about 75 percent of cases—the claimant had just one remaining option: to reopen the claim on the basis of new and material evidence and begin the process over again. Consisting of one chief judge and two to six associate judges—all appointed to a term of 15 years by the president of the United States with the advice and consent of the Senate— the U.S. Court of Appeals for Veterans Claims has the “power to affirm, modify, or reverse a decision of the [BVA] or to remand the matter, as appropriate” (38 U.S.C.A. § 4051(a) [ recodified at 38 U.S.C.A. § 7252(a) [1991]]). (When a court remands a case, it sends the case back to the lower court or, in the instance of the BVA, ruling body.) The Veterans Appeals Court’s primary mission, according to Associa te Judge John J. Farley, is to review cases for errors of law. As an appellate court, the U.S. Court of Appeals for Veterans Claims cannot hear new testimony or allow new evidence to be intro- duced in a case. Cases are heard by judges sitting alone, in panels of three, or en banc (all together). The U.S. Court of Appeals for Veterans Claims heard its first case—Erspamer v. Der- winski, 1 Vet. App. 3, 58 U.S.L.W. 2556—in February 1990. Jean A. Erspamer, the widow of Ernest Erspamer, a Minnesota veteran exposed to radiation during atomic bomb tests in the Pacific in 1946, asked the court to compel the VA to take action on her claims for disability compensation and death benefits. Erspamer’s husband had in June 1979 filed with the VA a claim for service-connected disability payments. After he died of leukemia in 1980, Erspamer continued to seek VA benefits and was eventually successful in her quest—after the Veterans Appeals Court heard her case. In July 1999 the court issued a decision which held that the VETERANS AFFAIRS DEPARTMENT (VA) did not have a duty to assist veterans in developing their claims unless those claims were “well-grounded.” In response Congress passed the Veterans Claims Assistance Act (VCAA) of 2000 (Pub.L. 106-475, Nov. 9, 2000, 114 Stat. 2096). Signed in to law by President BILL CLINTON in November 2000, the act eliminated the “well- grounded” language and stated that the VA was required to provide assistance in developing claims unless there was no reasonable possibility that VA aid would help the veteran’s claim. Based in Washington, D.C., but able to convene anywhere in the country, the U.S. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION U.S. COURT OF APPEALS FOR VETERANS CLAIMS 185 Court of Appeals for Veterans Claims can only decide cases or controversies presented to it. The court is not a policy-making body and thus may not conduct policy actions, such as reviewing the VA schedule of disability ratings. While most of the cases heard by the U.S. Court of Appeals for Veterans Claims concern issues of entitlement to disability or survivor’s benefits, the court has also heard cases relating to education benefits, life insurance, and home foreclosures. FURTHER READINGS “Fourteenth Annual Judicial Conference of the U.S. Court of Appeals for the Federal Circuit Report” (Panel Discus- sion). 1997. West’s Federal Rules Decisions 170 (May). Fox, William F. 2000. The United States Board of Veterans’ Appeals: The Unfinished Struggle to Reconcile Speed and Justice during Intra-Agency Review. Washington, D.C.: Paralyzed Veterans of America. Roche, John D. 2006. The Veteran’s Survival Guide: How to File and Collect on VA Claims. 2d. ed. Dulles, VA: Potomac Books Inc. U.S. Court of Appeals for Veterans Claims. Available online at http://www.uscourts.cavc.gov (accessed January 30, 2010). CROSS REFERENCES Veterans Affairs Department; Veterans of Foreign Wars; Veterans’ Rights. U.S. COURTS OF APPEALS The U.S. Courts of Appeals are intermediate federal appellate courts. Created in 1891 pursuant to Article III of the U.S. Constitution, the courts relieve the U.S. Supreme Court from the burden of handling all appeals from cases decided by federal tri al (district) courts. These appellate courts have jurisdiction to review all SOURCE: Administrative Offices of the U.S. Courts web page. U.S. Courts of Appeals Washington Oregon California Nevada Idaho Montana Wyoming Utah Arizona New Mexico Colorado ALASKA HAWAII North Dakota South Dakota Nebraska Kansas Minnesota Wisconsin Iowa Missouri IllinoisIllinois Ohio Indiana Kentucky Oklahoma Texas Arkansas Tennessee Louisiana Miss. Alabama F l o r i d a Georgia N. Carolina Virginia W. Va. Pennsylvania Md. D.C. Del. N.J. Conn. R.I. Mass. Vt. N.H. New York Maine SECOND CIRCUIT S. Carolina FOURTH CIRCUIT FIFTH CIRCUIT M i c h i g a n SEVENTH CIRCUIT EIGHTH CIRCUIT NINTH CIRCUIT c TENTH CIRCUIT ELEVENTH CIRCUIT D.C. and Federal Circuits a First Circuit also includes Puerto Rico b Third Circuit also includes U.S. Virgin Islands c Ninth Circuit also includes Guam and Northern Mariana Islands SIXTH CIRCUIT THIRD CIRCUIT b FIRST CIRCUIT a ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 186 U.S. COURTS OF APPEALS final decisions and some INTERLOCUTORY decisions of federal district courts. In addition, the courts review and enforce orders of numerous federal administrative bodies. A typical appeal from a district court decision consists of the trial court record, oral arguments, and supporting briefs. A three-judge panel usually considers each appeal. A court may sit en banc, however—that is, with all judges of the circuit present. A decision by a court of appeals is final, unless the SUPREME COURT OF THE UNITED STATES accepts the case for review. Each state is assigned on the basis of its geographical location to one of eleven judicial circuits. The District of Columbia has its own circuit; U.S. territories are assigned to the first, third, and ninth circuits. The more than 175 circuit judges are appointed by the president, subject to the advice and consent of the Senate. In addition to the twelve circuits, Congress created the U.S. Court of Appeals for the Federal Circuit in 1982. This court is the successor to the former U.S. Court of Customs and Patent Appeals and the U.S. Court of Claims. The court has nationwide jurisdiction and hears appeals from federal district courts in patent cases, contract cases, and certain other civil actions in which the United States is a defendant. It also hears appeals from the U.S. Court of International Trade, the U.S. Court of Federal Claims, and the U.S. Court of Veterans Appeals. The court also reviews certain administrative rulings, rule making by the VETERANS AFFAIRS DEPARTMENT , and certain decisions by the U.S. Senate Select Committee on Ethics, in addition to other matters. FURTHER READINGS Cross, Frank. 2007. Decision Making in the U.S. Courts of Appeals. Stanford, CA: Stanford Univ. Press. Federal Court of Appeals Manual: Local Rules. 2009. St. Paul, Minn.: Thomson West Group. Kuersten, Ashlyn K., and Donald R. Songer. 2001. Decisions on the U.S. Courts of Appeals. New York: Garland. U.S. Courts. Available online at http://www.uscourts.gov/ (accessed January 30, 2010). CROSS REFERENCE Federal Courts. U.S. INFORMATION AGENCY The U.S. Information Agency (USIA) was the public diplomacy arm of the U.S. government. The USIA existed “to further the nation al interest by improving United States relations with other countries and peoples through the broadest possible sharing of ideas, information, and educational and cultural activities” (22 U.S. C.A. § 1461 [1988]). Generally, this intention meant that the USIA was responsible for sharing information about the United States with the citizens of other countries. The agency was dissolved in 1999. The roots of the USIA developed from information efforts made during WORLD WAR I and WORLD WAR II. During World War I, the Committee on Public Information was created to inform the world of U.S. aims in the war. In 1938 the federal government began to promote cultural relations with Latin America through the STATE DEPARTMENT ’s Division of Cultural Cooperation. In 1940 the government sent its first international radio broadcasts into Latin America. During World War II, the Office of War Information conducted information and propa- ganda campaigns aimed at enemy countries and occupied territories. To assist in the campaign, the government expanded its radio broadcasts. In 1942, during a broadcast in the German language, an announcer first used the term “voice of America” to describe the broadcast. The name stuck, and the international news and information broadcast was called the Voice of America ever afterward. In 1948 Congress passed the United States Information and Educational Exchange Act Number of cases filed (in thousands) 2004 2005 2006 2007 2008 Year SOURCE: Administrative Office of the U.S. Courts, J udicial Business of the United States Courts, 2008. 12,507 16,060 15,246 13,167 13,667 U.S. Courts of Appeals Criminal Case Filings, 2004 to 2008 0 5 10 20 15 ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION U.S. INFORMATION AGENCY 187 . are discouraged. Much of INTERNATIONAL LAW is a form of primitive unwritten law. For centuries, the RULES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 180 UNLIQUIDATED OF WAR governing hostilities. BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 186 U.S. COURTS OF APPEALS final decisions and some INTERLOCUTORY decisions of federal district. chamber also offers an online catalog that provides access to books, audio programs, GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION U.S. CHAMBER OF COMMERCE 181 videotapes, and software that