S. Ct. 568, 50 L. Ed. 2d 471 [1977]). This
precedent seemed to give school authorities
ample means to elude
LIABILITY for unconstitu-
tional terminations. However, neither of the
principles helped City University of New York
(CUNY) when it was sued by the chair of its
black studies department.
Professor Leonard Jeffries specialized in black
studies and the history of Africa, and his teaching
style at CUNY was controversial. Some students
felt that Jeffries discouraged classroom debate,
whereas others applauded him for verbalizing the
frustrations of many African Americans. Jeffries
referred to Europeans as “ice people” and
as “egotistic, individualistic, and exploitative.”
Africans, by contrast, were “sun people” who had
“humanistic, spiritualistic value system[s].”
On July 20, 1991, Jeffries spoke at the
Empire State Black Arts and Cultural Festival, in
Albany, New York. In his speech, he assailed
perceived Jewish power, asserting that Jews
controlled CUNY and Hollywood and had
financed the American slave trade. The speech
attracted national attention and placed CUNY
on the horns of a dilemma: Either it could
punish Jeffries and risk running afoul of the
First Amendment and academic freedom prin-
ciples, or it could do nothing and risk losing
expected income from offended school bene-
factors. For several months, the univers ity

APPEAL, the U.S. Supreme Cour t
remanded the case to the Second Circuit with
instructions to consider the Court’s
RULING in
Waters v. Churchill (511 U. S. 661 [1994]). The
CIRCUIT COURT reversed and remanded the case
to the district court. The
FINAL DECISION con-
cluded that Jeffries’s occupation did not afford
him “greater protection from state interference
with his speech than did the nurse in Waters.”
By taking away Jeffries’s position as chair of the
department, the university did not infringe on
his ability to speak publicly or to teach in his
own style, both of which could have been
violations of his First Amendment rights (Jeffries
v. Harleston, 52 F. 3d 9 [2d Cir. 1995]).
The Supreme Court has decided several
cases that identified more precisely how much
control school authorities may exercise over
education. The Court held in Board of Ed.,
Island Trees Union Free School Dist. No. 26 v.
Pico (457 U.S. 853, 102 S. Ct. 2799, 73 L. Ed. 2d
435 [1982]), that a school board can control
curriculum and book selection, but it may not
remove “objectionable” books from public
school libraries solely in response to community
pressure. Among the books that the Island Trees
Union Free School District No. 26 in New York
had banned in the mid-1970s were Slaughter-

ary Education, upon request of a city, parish,
or other local public school board, shall
allow and assist teachers, principals, and
other school administrators to create and
foster an environment within public elemen-
tary and secondary schools that promotes
critical thinking skills, logical analysis, and
open and objective discussion of scientific
theories being studied including, but not
limited to, evolution, the origins of life,
global warming, and human cloning.
Section §285(C) provides that after teaching
the material contained in a standard textbook
supplied by the school system, a teacher may
use supplemental textbooks and other instruc-
tional mat erials “to help students understand,
analyze, critique, and review scientific theories
in an objective manner.”
Section §285(D) expressly states: “This Sec-
tion shall not be construed to promote any
religious doctrine, promote
DISCRIMINATION for
or against a particular set of religious beliefs, or
promote discrimination for or against religion
or non-re ligion.”
The Louisiana Science Education Act was
one of several similar bills introduced in state
legislatures in 2008 and 2009, including those in
Alabama (HB 300), Florida, Iowa (HF 183),
Michigan, Missouri (HB 656), New Mexico (SB

654). Unlike the military, many graduate
schools (and law schools in particular) have,
over the years, maintained formal policies
expressly tolerant of expanded personal factors
such as sexual orientation. Of particular import
in this case was the prevalence of law school
policies that withheld career services/career
placement services from prospective employers
who discriminated on the grounds of sexual
orientation as well as the more traditional
protected categories such as race, gender, religion.
In F.A.I.R. v. Rumsfeld, No. 03-4433 (3d
Circuit Court of Appeals, 2004) the two
conflicting policies over homosexuality faced-
off in court, when a coalition of law schools
and law faculty calling itself the Forum for
Academic and Institutional Rights (F.A.I.R.)
filed
PETITION for PRELIMINARY INJUNCTION in the
U.S. District Court for the District of New Jersey
to enjoin enforcement of the Solomon Amend-
ment. The Third Circuit Court of Appeals
granted injunction against enforcement of
the Solomon Amendment, holding that the
law violated schools’ First Amendment rights
of expressive association, and forcing them to
engage in the expressive act of recruiting. It
reasoned that Congress could not require the
FORFEITURE of a constitutional right as the basis
for receiving federal funds. But the U.S. Supreme

related to a legitimate educational concern. In
Board of Education of Westside Community
Schools (Dist. 66) v. Mergens (496 U.S. 226,
110 S. Ct. 2356, 110 L. Ed. 2d 191 [1990]), the
Court approved the establishment of a Christian
student group in a public school. The Court
also held in Mergens that a school’s refusal to
permit a religious student group to meet at
school and use its facilities violates the federal
Equal Access Act (Education for Economic
Security Act § 802, 20 U.S.C.A. § 4071 et seq.
[1984]) if the school provides such access to
other extracurricular student groups. And in
Morse v. Frederick (551 U.S. 393 [2007]), the
Supreme Court held that a student’s free speech
rights were not violated when he was suspended
for displaying a “Bong Hits 4 Jesus” banner
during a school authorized event. The Court
distinguished the constitutional rights of stu-
dents in public schools from adults in other
settings, finding that students’ rights could be
delineated “in light of the special characteristics
of the school environment.”
FURTHER READINGS
“Act No. 473 (Senate Bill No. 733).” Text available online at
http://www.legis.state.la.us/billdata/streamdocument.asp?
did=503483; website home page: http://www.legis.state.
la.us (accessed July 10, 2009).
DeGeorge, Richard T. 1997. Academic Freedom and
Tenure: Ethical Issues. Lanham, Md.: Rowman &

quality of education and research programs in the
field. The academy seeks to enrich education and
research programs in institutions of higher
learning, criminal justice agencies, and agencies
in related fields by improving cooperation and
communication, by serving as a clearinghouse for
the collection and dissemination of information
produced by the programs, and by promoting the
highest ethical and personal standards in criminal
justice research and education. To that end, the
ACJS created an ad hoc committee in 1995 to
adopt minimum standards for the improvement
of quality in criminal justice higher education.
The standards, reprinted in 2001, have been
widely utilized in the curricular development of
associate, undergraduate and graduate degree
programs. The academy also
PRESENTS numerous
awards for outstanding contributions by indivi-
duals in the field. The members of the academy
are individual teachers, administrators, research-
ers, students, and practitioners.
The academy publishes the Journal of Crimi-
nal Justice quarterly and a directory annually. It
holds annual meetings in March.
FURTHER READINGS
Academy of Criminal Justice Sciences Web site. Available
online at http://www.acjs.org (accessed July 2, 2009).
“J Journal: New Writing on Justice” New York: John Jay
College of Criminal Justice. Available online at http://

ACCELERATION CLAUSE
The provision in a credit agreement, such as a
mortgage, note, bond, or deed of trust, that allows
the lender to require immediate payment of all
money due if certain conditions occur before the
time that payment would otherwise be due.
The agreement may call for
ACCELERATION
whenever there i s a default of an y important
obligation, such as nonpayment of principal or
interest, or the failure to pay insurance premiums.
ACCEPTANCE
An express act or implication by conduct that
manifests assent to the terms of an offer in a manner
invited or required by the offer so that a binding
contract is formed. The exercise of power conferred
by an offer by performance of some act. The act of a
person to whom something is offered or tendered by
another, whereby the offeree demonstrates through
an act invited by the offer an intention of retaining
the subject of the offer.
In the law of contracts, acceptance is one
person’s compliance with the terms of an offer
made by another. Acceptance occurs in the law
of insurance when an insurer agrees to receive a
person’s application for insurance and to issue a
policy protecting the person against certain
risks, such as fire or
THEFT. When a person who
is offered a gift by someone keeps the gift, this

occurs when a drawee promises to pay a draft
upon the fulfillment of a condition, such as a
shipment of goods reaching its destination on
the date specified in the contract.
Express Acceptance An express acceptance
occurs when a person clearly and explicitly
agrees to an offer or agrees to pay a draft that is
presented for payment.
Implied Acceptance An implied acceptance is
one that is not directly stated but is demon-
strated by any acts indicating a person’s assent
to the proposed bargain. An implied acceptance
occurs when a shopper selects an item in a
supermarket and pays the cashier for it. The
shopper’s conduct indicates that he or she has
agreed to the supermarket owner’s offer to sell
the item for the price stated on it.
FURTHER READINGS
Chirelstein, Marvin A. 2006. Concepts and Case Analysis in
the Law of Contracts. 5th ed. Eagan, MN: West.
Perillo, Joseph M. 2009. Calamari and Perillo’s Hornbook on
Contracts. 6th ed. Eagan, MN: West.
“Silence as Acceptance in Contracts Lawyers.” 2009.
LegalMatch Website. Available online at http://www.
legalmatch.com/law-library/article/silence-as-acceptance-
in-contracts.html; website home page: http://www.
legalmatch.com (accessed August 28, 2009).
ACCESS
Freedom of approach or communication; or the
means, power, or opportunity of approaching,

or revise, extend, or renew the note, or extend the time for making any installment provided for herein, or accept any installment in
advance, all without affecting the liability of us, or any of us, hereon.
If suit be commenced on said note, the parties hereto jointly and severally agree to pay to the holder of said note a reasonable attorney
fee.
The borrower agrees to pay a reasonable collection charge should collection be referred to a collection agency or to the payee`s
collection facilities.
The parties hereto, jointly and severally, hereby waive presentment, demand, protest, notice of dishonor and/or protest and notice of
nonpayment; the right, if any, to the benefit of, or to direct the application of, any security hypothecated to the holder until all indebtedness
of the borrower to the holder shall have been paid; the right to require the holder to proceed against the borrower, or to pursue any other
remedy in the holder's power; and agree that the holder may proceed against us directly and independently of the borrower, and that the
cessation of liability of the borrower for any reason, other than full payment, or any revision, renewal, extension, forebearance, change of
rate of interest, or acceptance, release or substitution of security, or any impairment or suspension of the holder's remedies or rights
against the borrower, shall not in anywise affect the liability of any of the parties hereto.
The parties hereto hereby authorize __________________________________________ to date this note as of the day when the loan
evidenced hereby is made and to complete this note in any other particular according to the terms of the said loan.
It is agreed that if the parties hereto, or any of them at any time fail in business or become insolvent, or commit an act of bankruptcy, or
if any deposit account or other property of the parties hereto, or any of them, be attempted to be obtained or held by writ of execution,
garnishment, attachment, or other legal process, or if any assessment for taxes against the parties hereto, or any of them, other than taxes
on real property, is made by the federal or state government, or any department thereof, or if the parties hereto fail to notify you of any
material change in their financial condition, then, and in such case all of the obligations of the parties hereto to you, or held by you, shall at
your option immediately become due and payable without demand or notice.
Signatures Address
_________________________________________ __________________________________________
Borrower
_________________________________________ __________________________________________

Co-Maker
Acceleration Clause
PROMISSORY NOTE
INSTALLMENT - WITH ACCELERATION CLAUSE

road, but they may claim an easement of access.
In a
PATERNITY SUIT, access means the
opportunity to have had sexual relations. When
there is a question about who is the father of a
certain child, it is appropriate for a court to
determine which man had access to the mother
around the estimated time of conception. A
man charged with being the father of an
illegitimate child may plead the defense of
multiple access—that the mother had several
lovers at the time of conception.
ACCESSION
Coming into possession of a right or office;
increase; augmentation; addition.
The right to all that one's own property
produces, whether that property be movable or
immovable; and the right to that which is united
to it by accession, either naturally or artificially.
The right to own things that become a part of
something already owned.
Aprinciplederivedfromthe
CIVIL LAW,bywhich
the owner of property becomes entitled to all that it
produces, and to all that is added or united to it,
either naturally or artificially (that is, by the labor or
skill of another) even where such addition extends to
a change of form or materials; and by which, on the
other hand, the possessor of property becomes
entitled to it, as against the original owner, where

gained in either of two ways: (1) the new member
nation may be formally accepted by all the nations
already parties to the treaty; or (2) the new nation
may simply bind itself to the obligations already
existing in the treaty. Frequently, a treaty will
expressly provide that certain nations or catego-
ries of nations may
ACCEDE. In some cases, the
parties to a treaty will invite one or more nations
to accede to the treaty.
ACCESSORY
Aiding or contributing in a secondary way
or assisting in or contributing to as a subordinate.
In
CRIMINAL LAW, contributing to or aiding in
the commission of a crime. One who, without
being present at the commission of an offense,
becomes guilty of such offense, not as a chief actor,
but as a participant, as by command, advice,
instigation, or concealment; either before or after
the fact or commission.
One who aids, abets, comman ds, or counsels
another in the commission of a crime.
In common law, an accessory could not be
found guilty unless the actual
PERPETRATOR was
convicted. In most U.S. jurisdictions, however,
an accessory can be convicted even if the
principal actor is not arrested or is acquitted.
The prosecution must establish that the acces-

century, this action is often termed obstructing
justice or harboring a fugitive.
An infamous accessory after the fact was
Dr. Samuel A. Mudd, the physician and
Confederate sympathizer who set John Wilkes
Booth’s leg after it was broken when the assassin
jumped from President Abraham Lincoln’s box
at Ford Theater. Despite Mudd’s protestation of
innocence, he was tried and convicted as an
accessory after the fact in Lincoln’s
MURDER.He
was sentenced to life
IMPRISONMENT at Fort
Jefferson in the Dry Tortugas off Key West,
Florida. President
ANDREW JOHNSON pardoned
Mudd in 1869, and the U.S. Congress gave him
an official
PARDON in 1979.
FURTHER READINGS
Berg, Alan. 1996. “Accessory Liability for Breach of Trust.”
Modern Law Review 59 (May).
Blakey, Robert G., and Kevin P. Roddy. 1996. “Reflections on
Revesv.Ernst&Young:ItsMeaningandImpact
on Substantive, Acces sory, Aiding Abet ting and Conspiracy
Liability under R ICO. ” American Criminal Law Review 33.
Huett, Lisa. 2001. “Could You Be an Accessory? Uncertainty
and Risk For Lawyers.” Law Institute Journal 75 (March).
ACCIDENT
The word accident is derived from the Latin verb

decision about whether a certain event covered
by that statute was in fact an accident.
In its most limited sense, the word accident
is used only for events that occur without the
intervention of a human being. This kind of
accident also may be called an
ACT OF GOD.Itis
an event that no person caused or could have
Emergency workers
attend to a woman
involved in a single-
car accident. Crashes
such as this one are
considered accidents
unless a driver
intentionally causes
the crash.
AP IMAGES
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3
RD E DITION
54 ACCIDENT
prevented—such as a tornado, a tidal wave, or
an ice storm. An accident insurance policy can
by its terms be limited to coverage only for this
type of accident. Damage by hail to a field of
wheat may be considered such an accident.
A policy of insurance, by its very nature,
covers only accidents and not intentionally
caused injuries. That principle explains why courts
will read some exceptions into a ny insurance

life-threatening attack, whether the instigator
actually anticipated it or not.
Different states apply different standards
when determining if an accident justifies
payment of benefits under workers’ compensa-
tion. Some states strictly limit benefits to events
that clearly are accidents. They will permit
payment when a sudden and unexpected strain
causes an immediate injury during the course of
work but they will not permit payment when an
injury gradually results from prolonged assaults
on the body. Under this approach, a worker
who is asphyxiated by a lethal dose of carbon
monoxide when he goes into a blast furnace
to make repairs would be dee med to have
suffered in an accident. However, a worker who
contracts lung cancer after years of exposure
to irritating dust in a factory could not
CLAIM to
have been injured in an accident. Because of the
remedial purpose of workers’ compensation
schemes, many states are liberal in allowin g
compensation. In one state, a woman whose
existing arthritic condition was aggravated when
she took a job stuffing giblets into partially
frozen chickens on a conveyor belt was allowed
to collect workers’ compensation benefits.
Insurance policies may set limits to the
amount of benefits recoverable for one accident.
A certain automobile insurance policy allowed a

diseases/stroke
5.7%
Ten Leading Causes of Death in the United States in 2006
Total number of deaths: 2,426,264
Number of deaths not accounted for in top ten: 570,654
Percentage of deaths not in top ten: 23.6%
SOURCE: Centers for Disease Control and Prevention, National Center for Health
Statistics, National Vital Statistics Re
p
ort, vol. 57, no. 14, A
p
ril 2009.
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LEARNING.
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3
RD E DITION
ACCIDENT 55
whether each will collect the full maximum as a
result of a separate accident.
CROSS REFERENCES
Automobiles “No-Fault Automobile Insurance” (In Focus);
Automobiles “What to Do If You Are in an Auto Accident”
(Sidebar); Insurance.
ACCIDENTAL DEATH BENEFIT
A provision of a life insurance policy stating that if the
insured—the person whose life has been insured—

HOMICIDE by misadventure.
For example, suppose that the
DEFENDANT
killed an innocent bystander while carrying out
an
ASSAULT, BATTERY, or other violent crime
against the intended victim. The defendant told
police that he intended to injure the victim by
hitting him with a club but instead struck the
bystander on the skull and killed him. The
defendant could be prosecuted for manslaugh-
ter under the common law of crimes.
Now suppose that the defendant was
lawfully defending himself or his property from
attack, and in the process killed an innocent
bystander. The defendant told police that lethal
force was necessary to thwart an attack upon his
person, and he tried to shoot the attacker but
instead killed a nearby pedestrian, who had
nothing to do w ith the attack. The common law
would have treated the bystander’s death as an
excusable accidental killing, so long as reason-
able grounds existed for the defendant’s belief
that lethal force was necessary for self-defense.
Although most states have abolished the
common law of crimes, some of the concepts
underlying the common law distinctions be-
tween manslaughter and accidental killings
continue to appear in statutory classifications
of manslaughter.

omit this class of homicide from their statutes
defining prosecutable offenses.
CROSS REFERENCES
Common Law; Diminished Capacity; Homicide; Involun-
tary Manslaughter; Murder.
ACCIDENTAL VEIN
An imprecise term that refers generally to a
continuous body of a mineral or mineralized rock
filling a seam other than the principal vein that led
to the discovery of the mining claim or location.
CROSS REFERENCES
Mine and Mineral Law.
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
56 ACCIDENTAL DEATH BENEFIT
ACCIDENTS OF NAVIGATION
Mishaps that are peculiar to travel by sea or
to normal navigation; accidents caused at sea by the
action of the elements, rather than by a failure to
exercise good handling, working, or navigating of
a ship. Such accidents could not have been avoided
by the exercise of nautical skill or prudence.
CROSS REFERENCES
Admiralty and Maritime Law; Navigable Rivers.
ACCOMMODATION ENDORSEMENT
The act of a third person—the accommodation
party—in writing his or her name on the back of a
commercial paper without any consideration, but
merely to benefit the person to whom the paper is
payable or to enable the person who made the
document—the maker—to obtain money or credit

One who signs a commercial paper for the
purpose of lending his or her name and credit to
another party to the document—the accommo-
dated party—to help that party obtain a loan or
an extension of credit.
A person wanting to obtain a car loan, for
example, may offer a finance company a
PROMISSORY NOTE for the amount of the requested
Accommodation Note
Agreement of an Accommodation Party to Modifications in an Accommodation Note
This agreement is made between ___________________________________________ [name of the holder of the note] ("holder")
and ____________________________________________ [name of the accommodation party] ("accommodation party").
On [date of execution], ___________________________________ [name of maker] ("maker"), of ___________________________
_
_____________________________________ [address of maker] executed and issued a promissory note ("note") to the holder as payee,
by which the maker promised to pay to the order of the holder ______________________________ [amount] [include any other specific
payment terms, including days after the date of execution].
On [date], the accommodation party signed the note as co-maker in order to accommodate the maker at the request of the maker.
The accommodation party and the holder agree that the holder may modify the terms of the note without notice to or the consent of
the accommodation party.
_______________________________________________
[Signature of holder], holder
_______________________________________________
[Signature of Accommodation Party], accommodation party
A sample
accomodation note
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