landlord, who had ignored her requests for
months, that she refused to pay the rent unless
he fixed the stairs. A few days later, the landlord
fixed their steps—and all the other broken
steps on their road. Bell’s interpretation of the
event? “Good things happen when you push.”
Bell has also said that he carries his fathe r ’s
“dignified suspicion” of whites in hard-time
Pittsburgh and his mother’s homespun concep-
tion of a rights-based economy of self-respecting
agitation.
The eldest of four children, Bell earned a
bachelor of arts degree and an Air Force
commission when he graduated from Duquesne
University in 1952, and then he served in the
KOREAN WAR. While in the Air Force, Bell made
his first discreet push for racial equality: he
complained to the commanding officer at a base
in Louisiana about black soldiers having to sit in
the back of the bus whenever they left base.
After his military stint, he attended the University
of Pittsburgh School of Law, lived at home, and
kept the books for his father, Derrick Bell Sr., who
ran a trash-collection business. Bell was elected as
the associate editor-in-chief for the Pittsburgh
LAW
REVIEW
, a prestigious position for a student to hold
at any law school. He competed strenuously in law
school and has admitted to being “alittle
obnoxious” in his attempt to succeed in an

MARSHALL
, to join the staff of the NAACP LEGAL
DEFENSE AND EDUCATIONAL FUND
to champion the
cause of racial equality. After starting as the
executive secretary for the Pittsburgh branch of
the Defense Fund, Bell was promoted to first
assistant counsel at the New York City branch,
where he remained from 1960 to 1966. While
working as a civil rights lawyer, he confronted
many difficult people and situations—from
judges predisposed to
RULING against his black
clients to segregated public buildings. During
this time, Bell spent a night in jail in Mississippi
for refusing to leave a train station’s “whites-
only” waiting room. He oversaw 300
SCHOOL
DESEGREGATION
cases and played a central role in
getting
JAMES MEREDITH, a black student, admitted
to the all-white University of Mississippi,
despite the resistance of Governor Ross Barnett.
“Down South, I learned a lot It just seems
that unless something’s pushed, unless you
litigate or protest, nothing happens,” Bell said.
In 1966 Bell was admitted to the New York
bar. From 1966 to 1968, he served as deputy
director of the U.S. Department of Health,

CIVIL RIGHTS CAM-
PAIGNS AIMED AT
CHANGING THE RULES
WITHOUT AFFECTING
THE UNDERLYING
STATUS QUO
.
—DERRICK BELL JR.
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
8 BELL, DERRICK ALBERT, JR.
Review, “The Civil Rights Chronicles.” In 1996
the Society of American Law Teachers named
him Teacher of the Year.
After leaving Oregon, Bell spent a semester
the next year as a visiting professor at Stanford
Law School, where, once again, he found
himself mired in controversy—this time for
his revisionist teaching of
CONSTITUTIONAL LAW.
Some Stanford law students, who disliked Bell’s
interpretation of the Constitution, pressured
the faculty into offering supplemental lectures
from other professors. Shortly before the first of
these additional lectures, Stanford’s Black Law
Student Association staged a protest, and the
administration made a formal apology to Bell.
In the fall of 1986 Bell returned to Harvard
to teach law. He soon was caught up—yet
again—in racial discord. During commencement
exercises in May of 1987, he staged a four-day

Harvard Law’s
AFFIRMATIVE ACTION performance;
his article, published in 1989 by the Michigan
Law Review, gave a fictional account of how
Harvard came to hire more minorities only after
the school’s black faculty and the university
president were killed in a terrorist bomb ing.
Bell was privately criticized for having dared to
paint a grisly portrait of the president of
Harvard being blown to pieces. Robert C. Clark,
a professor at Harvard and a future dean of the
school, objected to Bell’s many protests, saying,
“This is a university, not a lunch co unter in the
Deep South.”“In its own way, this law school is
as much in need of reform as the lunch counters
of the South, although in a far more subtle
way,” said Bell. Clark later apologized and spoke
of sharing Bell’s goal of building a diverse
faculty.
Bell’s dissension at Harvard came to a head
in the spring of 1990, when Professor Regina
Austin was denied tenure at the law school. In
early April, students on 50 law campuses
boycotted classes in a call for more minority
teachers; later that month, Bell announced that
he would step down—and forgo his $100,000
annual salary—until a black or other minority
woman was considered for tenure. Of the
school’s sixty-five full-time professors at the
time, five were white women and five were

CIRCUIT COURT of
Appeals and a part-time Harvard Law instructor.
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
BELL, DERRICK ALBERT, JR. 9
Not all of Bell’s colleagues agreed with this form
of protest, however. Professor Charles Fried, of
Harvard Law, called Bell “off his head,” and
others termed him “counterproductive.” Dean
Clark continued to assert that Harvard should
make appointments based on merits and not
because of protests.
Bell’s struggle with Harvard may not have
been entirely for naught: in September 1992,
Dean Clark acknowledged bitter divisions within
the school and created a working group of
faculty, students, and staff to improve the level of
civility and community and to foster discussion
of issues that had shaken the institution. And in
June 1993, Harvard granted tenure to its seventh
black law professor, Charles Ogletree.
In the early 2000s, Bell continued to be a
prolific writer. In addition to publishing other
books, such as Confronting Authority: Reflections
of An Ardent Protestor (1994), Constitutional
Conflicts (1997), Afrolantica Legacies (1998), and
Ethical Ambition: Living a Life of Meaning and
Worth (2002), he is also the author of a
foreword in Critical Race Feminism: A Reader.
Bell’s articles have appeared in The New York
Times Magazine,theBoston Globe,theLos

Critical Theories. New York: Blackwell.
“In Move to NYU, Derrick Bell Cites Friendship with Its
Dean.” 1991. National Law Journal (April 22).
“Prof. Moves.” 1991. National Law Journal (April 15).
CROSS REFEREN CES
Civil Rig hts; Discrimination; Legal Education.
v
BELL, GRIFFIN BOYETTE
Griffin Boyette Bell served as U.S. attorney
general from 1977 to 1979 under President
JIMMY CARTER and before that as a judge on the
U.S. Court of Appeals for the Fifth Circuit from
1961 to 1976. He is also nationally recognized
for his skills as a corporate lawyer.
Bell was born October 31, 1918, in Americus,
Georgia, only 12 miles from Plains, Georgia,
the boyhood home of Carter. (In fact, Carter
and Bell knew each other as children.) Bell
served in the U.S. Army during
WORLD WAR II.
After the war, he studied at Mercer Univ ersity
Law School, graduating cum laude in 1948. He
gained admission to the Georgia bar in 1947.
Bell practiced law in Savannah, Georgia, and
Rome, Georgia, from 1947 to 1953, after which
he moved to Atlanta to work in the prestigious
firm of King and Spalding, where he eventually
earned the position of managing partner. Bell
also became involved in politics, serving from
1959 to 1961 as chief of staff to Governor S.

attempts to place more Af rican Americans on
juries and approved
AFFIRMATIVE A C TION hiring fo r
the Mississippi Highway Patrol. His most influen-
tial work was the initiation of a reform scheme that
improved the efficiency of the court system.
Bell also served as cochairman of the Atlanta
Commission on Crime and Delinquency from
1965 to 1966. He resigned from the appeals
court in 1976, resumed private practice, and
served as legal adviser to Carter during Carter’s
presidential campaign that year. Once elected as
president, Carter named Bell attorney general, a
move that disappointed those who had hoped
Carter would appoint an African American or a
woman to the office. Bell’s nomination ran into
trouble when it was revealed that he belonged to
three clubs that were in effect racially segregat-
ed. Bell agreed to quit the clubs and was
nominated to the post of attorney general on
January 25, 1977.
Upon taking office, Bell defused some of the
opposition to his appointment by naming
African Americans to the posts of solicitor
general and assistant attorney general. He also
appointed women to other key positions in the
department and to federal judgeships. Later,
Bell proudly pointed out that 41 women were
appointed and confirmed to the federal bench
during the Carter administration, producing an

1950–53
Korean
War
1954 Brown v. Board of Education
decision held racial segregation in
public schools unconstitutional
1961–73
Vietnam War
◆
1959 Became
chief of staff
to Governor
Ernest Vandiver
of Ga.
1965–66 Served
as chair of
the Atlanta
Commission on
Crime and
Deliquency
1985–86 Served as president of the
American College of Trial Lawyers
◆
1979
Returned
to private
practice at
King and
Spalding
◆

in several states
◆
1961 Appointed to U.S. Court of
Appeals for the Fifth Circuit by
President Kennedy
◆
1948 Earned LL.B. cum laude from
Mercer University Law School
◆
2008 Footnotes to History published
1910
1950
1975
2000
1925
Griffin Boyette Bell.
AP IMAGES
IF YOU BELIEVE IN
EXALTING THE BILL OF
RIGHTS
YOU
HAVE TO BE FOR THE
INDIVIDUAL
, EVEN IF
IT MEANS BEING
AGAINST THE
GOVERNMENT
.
—GRIFFIN BELL
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION

SEPTEMBER 11TH ATTACKS of 2001,
Bell wrote an editorial for the Wall Street
Journal addressing the issue of the curtailment
of civil liberties. In November 2001 he testified
on the same issue before the
SENATE JUDICIARY
COMMITTEE
. In February 2003 the Washington
Post reported that the Pentagon, in response to
complaints from some lawmakers and civil
liberties groups, planned to create an oversight
board and outside adviso ry committee to track
the activity of a global data-surveillance research
program known as the Total Information Aware-
ness Project. Griffin Bell was named to the
advisory committee that would advise the secre-
tary of defense on the social and legal implications
of the new surveillance technology. In 2004 Bell
helped author a commissioned report on the
internal disciplinary practices of the FBI’sOffice
of Professional Responsibility, which he and his
colleague found in need of reform.
Bell died in January 2009 at the age of 90.
FURTHER READINGS
Baker, Nancy V. 1992. Conflicting Loyalties: Law and Politics
in the Attorney General’s Office, 1789–1990. Lawrence:
Univ. Press of Kansas.
Bell, Griffin B. 1978. “The Attorney General: The Federal
Government’s Chief Lawyer and Chief Litigator, or One
among Many?” Fordham Law Review 46 (May).

congressman for Tennessee in the U.S. House
of Representatives. He voiced strong opposition
IT FOLLOWS THAT
POPULARITY IS NOT
ALWAYS THE BEST
TEST OF MERIT
, OR OF
GENERAL PROPRIETY
.
—JOHN BELL
John Bell 1797–1869
◆◆◆
◆
❖
❖
1796 Tennessee
became U.S. state
1797 Born,
Nashville, Tenn.
1817 Graduated
from Cumberland
College
1827–41 Served
in U.S. House of
Representatives
1834
Elected
speaker of
the House
1847–59

SLAVERY and opposed
the South’s secession from the Union until the
battle of Fort Sumter signaled the outbreak of
the
CIVIL WAR; he then encouraged Tennessee to
join the Confederacy.
Bell died September 10, 1869, in Stewart
County, Tennessee.
BELOW
In an inferior, subordinate, or lower place in
regard to any entity.
A court below is a lower court through
which a case has passed. A case is removed for
review from the court below to the court above,
or a higher court. The forum where a lawsuit is
initially brought is called an
INFERIOR COURT,or
the court below.
BENCH
A forum of justice comprised of the judge or judges
of a court. The seat of the court occupied by the
judges.
The bench is used to refer to a group of
judges as a collective whole. It is a tribunal or
place where justice is administered. To appear
before the full bench means to appear before
the entire group of judges of the court.
BENCH TRIAL
A trial conducted before a judge presiding without
a jury.

or friendly associations or societies.
History
Early beneficial associations were similar to the
English friendly societies, which first appeared
in the 1500s. Working people organized these
clubs to provide sickness and death benefits for
John Bell.
LIBRARY OF CONGRESS
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
BENEFICIAL ASSOCIATION 13
A sample bench
warrant
ILLUSTRATION BY GGS
CREATIVE RESOURCES.
REPRODUCED BY
PERMISSION OF GALE, A
PART OF CENGAGE
LEARNING.
Bench Warrant
STATE OF WISCONSIN, CIRCUIT COURT, COUNTY
Case Caption:
Bench Warrant
Civil
TO ANY LAW ENFORCEMENT OFFICER:
Arrest and deliver to the sheriff the above named person because this person:
failed to appear in court as required:
Date of court appearance:
Type of
court appearance:
failed to:

This person may be released upon completion of any all of the following conditions:
.
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
14 BENCH WARRANT
members. Several fraternal societies established
branches in the United States and Canada in the
early 1800s.
The Ancient Order of United Workmen,
founded in 1868, was the first beneficial
association to pay substantial death benefits.
Other groups that followed its model were soon
created. These early associations and societies
furnished life insurance to members whose
income was so low they could not have
otherwise obtained insurance benefits. In addi-
tion, many of these associations provided
companionship and social activities for their
members.
The National Fraternal Congress was
formed in 1886 to provide state regulation and
uniform legislation for beneficial associations.
In 1901, a group of associations and societies
formed the Associated Fraternities of America.
In 1913 the two groups merged to form the
National Fraternal Congress of America.
Beneficial associations include the police
Benevolent Association, Loyal Order of the
Moose, Knights of Columbus, Independent
Order of Odd Fellows, and Benevolent and
PROTECTIVE ORDER of Elks. Many of these

charter incorporates by reference the general
laws of the state in which the association is
formed.
Constitution and Bylaws The constitution of
a benevolent association defines the fundamen-
tal principles that will govern the duties of the
association and its officers and the regulation of
its membership. Unless the constitution is
expressly embodied in the charter, it is regarded
as a code of laws similar in effect to bylaws. A
constitutional provision will prevail over a
provision of a conflicting bylaw because it is
viewed as a fundamental rule for the govern-
ment of the association.
Beneficial associations may adopt bylaws
that will determine all questions of discipline,
doctrine, and internal policy and will regulate
the association’s general business activities. The
enactment of a bylaw is governed by provisions
contained in either the charter or the constitu-
tion. Bylaws must be in accordance with the law
and
PUBLIC POLICY, must be reasonable, and must
apply to all members uniformly. The constitu-
tion and the bylaws form a binding contract
between and upon all the organization’s mem-
bers. Finally, bylaws also provide for the
dissolution of a beneficial association.
Rights, Powers, and Liabilities
The authority and powers of beneficial associa-

member promises to contribute an equal share
with every other member as the association’s
need for funds arises.
Unless a statute makes a distinction, courts
generally recognize a beneficial association
certificate containing insurance features to be
the same as any other similar insurance
contract. If the certificate indemnifies a member
in case of disability or death, the association will
be regarded as a mutual insurance company.
However, beneficial associations are not the
same as insurance companies. First, beneficial
associations do not have as a purpose the goal of
indemnifying or securing against loss; rather,
they create a trust fund with their members’
dues, from which they may provide relief to
their members. Second, beneficial associations
are not created for profit. Third, these associa-
tions do not advertise for business but limit
their clientele to their members. Finally,
whereas an insurance company fixes a bene-
ficiary’s rights with the terms of the insurance
policy, a beneficial association me mber’s rights
to receive benefits depend on both the certifi-
cate and the constitution and bylaws of the
association.
Power to Acquire Funds and Property A
beneficial association may acquire and dispose
of property in a proper manner and for proper
purposes, whether by sale, deed, lease, mortgage,

example, extend additional financial benefits to
a disabled member who has exhausted the
benefits specified in the bylaws. If such a benefit
is given as a matter of benevolence, it may not
be claimed as a right, and it is not enforceable in
court. Likewise, a beneficial association could
donate money to a civic activity as an act of
benevolence.
An association may set forth certain condi-
tions precedent to the receipt of benefits by its
members. Such conditions must be met before
the right to receive benefits may be enforced.
If a member of a beneficial association
defaults on the payment of dues, the member
might lose the right to receive benefits. In
general, one claiming benefits from an associa-
tion must exhaust all remedies within the
organization before seeking judicial relief.
Liabili tie s A beneficial association may not
ordinarily be held liable in tort or contract for
unauthorized acts of its members or agents. A
voluntary unincorporated beneficial association
is considered to be a joint enterprise, and no
liability for tort exists between those engaged
therein. An unincorporated association, may,
however, be held responsible for damages
resulting from the
NEGLIGENCE of its employees
in work of a noncharitable character.
FURTHER READINGS

access to it, which can be infringed by the
beneficial use of other property by another
owner. If a dispute arises from the conflicting
ways in which two
ADJOINING LANDOWNERS
exercise their respective beneficial uses of their
property, a court, exercising its discretion, may
adjudicate those rights. A beneficiary of a trust
has beneficial use of the trust property, the
LEGAL
TITLE
to which is held by the trustee.
BENEFICIARY
An organization or a person for whom a trust is
created and who thereby receives the benefits of the
trust. One who inherits under a will. A person
entitled to a beneficial interest or a right to profi ts,
benefit, or advantage from a contract.
BENEFIT OF CLERGY
In old England, the privilege of clergy that allowed
them to avoid trial by all courts of the civil
government.
Originally members of the clergy were
exempted from
CAPITAL PUNISHMENT upon con-
viction of particular crimes based on this
privilege, but it did not encompass crimes of
either high treason or misdemeanors.
Benefit of clergy existed to alleviate the
severity of criminal laws as applied to the clergy.

expelled in 1827. He was charged with stealing
from a fellow student, but the allegations were
never proved. Though Benjamin was not an
observant Jew, historians acknowledge that anti-
Semitism was probably at the heart of the charges
and his dismissal from school.
Following his expulsion, Benjamin moved to
New Orleans, where he clerked in a commercial
house and studied law until he was admitted to
the bar in 1832. (A commercial house of the early
1800s was usually involved in the financial trans-
actions around the movement of goods, i.e.,
lending, bonding, insuring, fees for transport, rent
for storage, and contracts of sales.) While
studying, he supplemented his income by giving
English lessons to the French Creole aristocracy.
One of his pupils, Natalie St. Martin, became his
wife in a Roman Catholic ceremony in 1833.
Though his wife was extravagant and notoriously
promiscuous, Benjamin indulged her. Many of
his peers commented that Benjamin’s wealth
could be attributed more to the demands of his
wife than to his personal ambitions. For her, he
acquired the Belle Chase sugar plantation and an
elegant townhouse on Bourbon Street in New
Orleans.
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
BENJAMIN, JUDAH PHILIP 17