CROSS REFERENCES
Automobiles; Double Jeopardy.
v
CARMICHAEL, STOKELY
African American activist, leader, and militant
Stokely Carmichael is known for the galvanizing
cry “Black Power!” which helped transform the
later years of the
CIVIL RIGHTS MOVEMENT. The
raised fist that accompanied the slogan was a
rallying point for many young African Ameri-
cans in the late 1960s. Carmichael’s forceful
presence and organizing skill were compelling
reasons to join. In 1966 he was elected chairman
of the
STUDENT NONVIOLENT COORDINATING COM-
MITTEE
(SNCC), a CIVIL RIGHTS organization
popularly called Snick. Leaving Atlanta-based
SNCC in 1967 with a more radical vision,
Carmichael became prime minister of the
Oakland-based
BLACK PANTHER PARTY for SELF-
DEFENSE (BPP), perhaps the most militant of
1960s African American groups. Members of
Congress denounced him for allegedly seditious
speeches, other politicians and civic lead ers
blamed him for causing riots, and the
FEDERAL
BUREAU OF INVESTIGATION
(FBI) matched this

michael, worked as a maid. His father,
Adolphus Carmichae l, who had been success-
ful enough as a skilled carpenter to build a
large house in Port of Spain, struggled at
driving a cab to make ends meet but remained
optimistic about the United States. For this
dream, Carmichael later said, his father paid a
high price, working himself to death, and dying
the same way he began, poor and black.
By junior high school, Carmichael’sdisil-
lusionment revolved around a life of marijua-
na,alcohol,theft,andastreetgangofwhichhe
was the only nonwhite member. However,
when he entered the respected Bronx High
School of Science, his scholastic interests
blossomed, and he began to read widely in
politics and history. Social opportunities began
to appear for him, too. Yet, later, he could not
Stokely Carmichael 1941–1998
▼▼
▼▼
19251925
20002000
19751975
19501950
1939–45
World War II
1941 Born, Port of
Spain, Trinidad
1950–53

Africa
1967 Black Power Politics of Liberation in America published
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
258 CARMICHAEL, STOKELY
dispel a sense of alienation and anger. “Imade
the scene in Park Avenue apartments,” he
recalled in a 1967 interview. “Iwasthegood
little nigger and eve rybody was nice to me.
Now that I realize how phony they all were,
howIhatemyselfforit.”
Social and political change were in the air as
Carmichael was finishing high school. The civil
rights movement was in full swing and a new
generation of young African Americans began
holding lunch counter sit-ins in segregated cafés
and restaurants in the South. At first skeptical
about these “publicity hounds,” Carmichael
changed his mind when he saw televised images
of white students pouring sugar and ketchup on
the heads of the peaceful protesters. By mid-
1960 he was in Virginia taking part in a sit-in
organized by the Congress of Racial Equality
(CORE), a civil rights group founded nearly two
decades earlier. Beaten up during his first
demonstration, Carmichael was undeterred.
He attended more sit-ins and pickets, notably
against the F.W. Woolworth Company in New
York, as such demonstrations spread widely
across the country, resulting in integrated
businesses in several states.

(SCLC)—the
civil rights organization of which
MARTIN LUTHER
KING
Jr. was presiden t. SNCC contained the
seeds of a major change in direction for the civil
rights movement. As it grew in the early 1960s,
SNCC attracted young volunteers who were
impatient with the progress of older organiza-
tions such as CORE and the SCLC. It sent black
and white young people from predominantly
northern, middle-class backgrounds into rural
areas of the Deep South, their goal being to
educate illiterate farmers, increase voter regis-
tration, and set up health clinics. A field
organizer for a SNCC task force in Lowndes
County, Mississippi, Carmichael brought about
noteworthy successes: the number of registered
black voters increased from 70 to 2,600, a
dramatic rise for a county in which African
Americans outnumbered whites but had no
share in political powe r.
In 1966 Carmichael was elected chairman of
SNCC. The group’s goal was evolving from
integration to liberation. In Mississippi he had
organized a political party called the Lowndes
County Freedom Organization. Its symbol, a
black panther leaping with a snarl, would
become nationally recognized in the years to
follow. So would the words Black Power! that

several things: political power, economic power,
and legal power. It was both local and
international in scope. “We want control of
the institutions of the communities where we
live, and we want control of the land, and we
want to stop the ex ploitation o f non-white
people around the world,” he said. This control
would be achieved by any means necessary, he
promised, drawing on the famous words of the
activist Malcolm X. SNCC members carried
guns for self-defense, a practice defended by
Carmichael this way: “We are not [Martin
Luther] King or SCLC. They don ’tdothekind
of work we do nor do they live in the same
areaswelivein.” In contra st to the harmonious
message of King, Carmichael’s rhetoric stirred
fear and antagonism in many members of the
mass media, who quickly accused him of
rever se racism. Time m agazine dubbed him a
black powermonger. As riots tore through
major U.S. cities in the summers of 1966 and
1967, Carmichael was condemned for making
inflammatory speeches that his critics said
sparked them.
Within SNCC, more than rhetoric was
changing. As the organization began to speak
of oppressors and the oppressed, it also took
practical steps that distanced it from older civil
rights groups. Carmichael had SNCC pull out of
the White House Conference on Civil Rights, a

campuses and traveled worldwide. To an
international audience that viewed him as a
revolutionary leader, he gave speeches in Europe,
Africa, and North Vietnam. In a talk given in
London in July 1967, he so enraged British
political leaders that he was barred from entering
more than 30 countries in the British Common-
wealth. Harsh criticism in the U.S. press followed
an appearance in Havana where he said, “We are
preparing groups of urban guerrillas for our
defense in the cities…. It is going to be a fight to
the death.” President Fidel Castro of Cuba
offered Carmichael political asylum, which
he declined. Upon Carmichael’s return to the
United States on December 12, 1967, U.S.
marshals seized his passport. Lawmakers in
Congress denounced him for
TREASON and
SEDITION, and, as a result, considered legislation
favoring bans on travel by U.S. citizens to
countries deemed enemies of the United States.
Overseas, Carmichael had espoused his
view of Pan-A fricanism. This political move-
ment favored uniting African countries under a
common socialist l eadership. SNCC expelled
Carmichael in August 1968 , disagreeing with
his political turn, but by this time he had
already joined the BPP. Organized to preven t
poli ce brutality toward African Americans, th e
Black Panthers had adopted the symbol Car-

Africans living in the U.S. has shown that any
premature alliance with white radicals has led to
complete subversion of the blacks by the
whites,” he said in July 1969. He called upon
all Africans “as one cohesive force to wage an
unrelenting armed struggle against the white
Western empire for the liberation of our
people.” His departure sounded a death knell
for the black power movement; by the early
1970s it had all but vanished.
In 1969 Carmichael prepared to leave for
self-imposed exile in Africa. Before going, he
organized a branch of the All-African People’s
Revolutionary Party (AAPRP) in Washington,
DC, a Pan-Africanist group established the
previous year in Guinea, West Africa. After
settling in Africa, he briefly returned to the
United States in March 1970, and appeared
before a congressional subcommittee on na-
tional security matters. Questioned about revo-
lutionary groups in the United States, he
pleaded the
FIFTH AMENDMENT throughout the
hearing. Back in Guinea, he worked for the
AAPRP, taught at the university in Conakry,
and in 1978 changed his nam e to Kwame
Ture, partly in honor of Sékou Touré, former
president of Guinea, who was his friend and
benefactor. Following the death of President
Touré and the rise of the

(1967) and Stokely Speaks: Black Power to
Pan-Africanism (1971).
In June 1998 Carmichael donated his papers
to the Moorland-Spingarn Research Center of
Howard University. He died on November 15,
1998, at the age of 57, of prostate cancer.
In May 1999 Carmichael was posthumously
awarded an honorary doctorate by Howard
University and his friends and supporters
began a drive to establish the Kwame Toure
Work-Study
INSTITUTE and Library in Conakry,
Guinea.
FURTHER READINGS
Carmichael, Stokely. 2007. Stokely Speaks: From Black Power
to Pan-Africanism. Chicago: Chicago Review.
Johnson, Jacqueline. 1990. Stokely Carmichael: The Story of
Black Power. Parsippany, NJ: Silver Burdett.
Kaufman, Michael T. 1998. “Stokely Carmichael, Rights
Leader Who Coined ‘Black Power,’ Dies at 57.” New
York Times on the Web (November 16). Available online
at http://www.interchange .org/Kwameture/nytimes
111698.html; website home page: http://www.inter
change.org (accessed July 11, 2009).
Makeba, Miriam, and James Hall. 1989. Makeba: My Story.
New York: Plume.
CARNAL KNOWLEDGE
Copulation; the act of a man having sexual
relations with a woman.
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION

SAMUEL TILDEN during
an inquiry held by the electoral commission
concerning the contested election results. Tilden
lost to
RUTHERFORD B. HAYES by one electoral vote.
Carpenter died February 24, 1881, in Washing-
ton, D.C.
CARPETBAG JUDGES
Colloquial term used to describe northern judg es
during the post-Civil War era who traveled to the
South to serve on southern courts, typically for
personal gain. “Carpetbag” refers to the judges’s
practice of carrying their possessions with them in
carpetbags.
During the mid-1800s, judges were elected,
and
IMPEACHMENT proceedings were at that time
an increasingly popular method for their
removal. After the
CIVIL WAR and the Recon-
struction period, many judges—both black and
white—served on the judiciary in the South.
A large number of the se judges were known
as “carpetbagging” judges because they were
northerners who had relocated to the South for
personal gain, carrying all their possessions in a
carpetbag. They were reputed to be dishonest
and incompetent.
Threatened with impeachment, many of
these judges left the bench. Not all the charges

◆
1877 Served as legal counsel to Samuel Tilden
during Hayes-Tilden election results inquiry
1861–65
U.S. Civil War
◆
1881 Died, Washington, D.C.
1848 Moved to
Wisconsin
1878 Reelected to U.S. Senate
◆◆
1868 Elected
to U.S. Senate
1843–45 Attended West Point
▼▼
▼▼
18001800
18501850
18751875
19001900
18251825
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
262 CAROLENE PRODUCTS FOOTNOTE
CARRIERS
Individuals or businesses that are employed to
deliver people or property to an agreed destination.
The two main types of carriers are common
carriers and private carriers. A
COMMON CARRIER,
such as a railroad, airline, or business that offers

number of elements are considered. The most
essential is the cost of transportation to the
carrier, and others include the character and
value of the items to be shipped; their weight,
bulk, and ability to be handled; and the mileage
to be covered. Though common carriers have a
great deal of freedom to set interstate rates, they
must follow procedures set forth by the
INTERSTATE COMMERCE COMMISSION, including fil-
ing rates with the commission and publishing
them.
A state possesses the authority to monitor
and control the management and functions of
common carriers operating within its borders
and may set the prices charged by carriers doing
business within the state. Most state laws
require common carriers to file rate schedules
with a state regulatory commission.
A common carrier is obligated to provide
the necessary facilities to transport the volume
of goods expected and to exercise the reasonable
care needed to transport the goods safely. In the
case of perishable goods, such as frozen or fresh
foods, the common carrier must provide
refrigerated or ventilated cars to ensure their
safe transportation. Likewise, when transporting
livestock, a common carrier is required to
provide adequate ventilation, bedding, and
partitions. The common carrier may be liable
for loss or injury to the livestock resulting from

for a loss of goods when the loss is caused by the
destruction or appropriation of the goods by the
military forces of a “public enemy” at war with
the domestic government. However, merely a
DECLARATION of MARTIAL LAW will not relieve the
common carrier of
LIABILITY, and groups who are
not functioning as military forces against the
government are not considered public enemies.
Thus, a common carrier remains liable for a loss
of goods resulting from the acts of a mob,
rioters, and strikers, even if the carrier was not
negligent and took all possible precautions to
prevent the loss.
A carrier will not be held liable for injuries to
goods that occur as a result of the shipper’s
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
CARRIERS 263
negligence or misconduct. Furthermore, when
the nature or value of the goods to be shipped is
fraudulently concealed or misrepresented by the
shipper, whether to obtain a lower shipping rate
or for any other purpose, the carrier is not liable
for any losses incurred.
FRAUD can be established
by the shipper’s silence regarding the value of the
goods or by untruthful statements made by the
shipper. If the shipper failed to notify the carrier
about the nature of the contents of a particular
shipment, the carrier is ordinarily exempt from

annually in order to protect people from the
hazards of riding in vehicles that are poorly
maintained. A common carrier that transports
passengers may also make its own rules and
regulations provided they are reasonable and
will protect the interests of both the carrier
and the passengers.
A carrier of passengers is liable for injuries
suffered by passengers as a result of its
negligence but is not an insurer of its passen-
gers’ safety. Instead, a common carrier is
required to act with the utmost care, skill, and
diligence to protect the safety of its passengers
as may be mandated by the type of transporta-
tion provided and the risk of danger inherent
in it. Conversely, a private carrier of passengers
must act with only reasonable care and diligence
unless the contract for carriage provides other-
wise, though so me jurisdictions hold a private
carrier to the same duty as that applied to
common carriers.
Determining whether a carrier is a common
carrier, and thus subject to a higher standard of
care, was the subject of some
LITIGATION in the
late 1990s. For example, a California federal
district court held in early 1995 that Disneyland,
as the operator of an amusement park ride,
qualified as a common carrier and thus should
be held to a duty of utmost care and diligence

of moving vehicles; thus, public policy did not
support extending a carrier’s duty of care to
include ensuring that the passenger safely
crosses the street.
Unless the carrier is negligent, it is not
responsible to a passenger for injuries due to
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
264 CARRIERS
natural causes and due to causes beyond the
carrier’s control. A common carrier of passen-
gers cannot ordinarily release itself from liability
for injuries to a passenger caused by either
willful, wrongful conduct or negligence on the
part of the carrier. In some jurisdictions,
though, a carrier can limit its liability for
negligence in exchange for providing a reduced
fare or free pass. However, such limitations on
liability may be invalid if the reduced fare is not
made optional and if passengers are not
permitted to buy tickets that provide that the
carrier’s liability is not limited.
Like common carriers that transport goods,
carriers of passengers have also been subject to
deregulation by the federal government. The
Airline Deregulation Act of 1978 (49 U.S.C.A.
§ 334, 1301 et seq.) gave
AIRLINES almost
complete discretion over rates, routes, and
services offere d. Prior to passage of the act,
the Civil

, a reasonable accom-
modation is a modification or adjustment to a
job, practice, or work environment that makes
it possible for an individual with a disability to
enjoy an equal employment opportunity. An
undue hardship has been defined as an action
that is unduly costly, extensive, substantial, or
disruptive or that would fundamentally alter the
nature or operation of the carrier’s business.
The ADA has also affected the scope of a
carrier’s responsibility to its passengers. Under
the ADA, carriers of passengers such as buses
and rail syste ms must ensure that their facilities
are readily accessible to and usable by indivi-
duals with disabilities by providing lifts, ramps,
or other mechanisms. Airlines, which are not
specifically covered by the ADA, are prohibited
from discriminating against disabled individuals
under the Air Carrier Access Act (ACAA), 49
U.S.C.A. § 1301 note, 1374, 1374 note, which
was enacted in 1986. The ACAA provides that
“[n]o air carrier may discriminate against any …
handicapped indiv idual, by reason of such
handicap, in the provision of air transportation”
(42 U.S.C.A. § 1374). Like the ADA, it further
provides that air carriers must make “reason-
able accommodations” for disabled individuals
traveling by air.
FURTHER READINGS
Astle, W. E. 1980. Shipping and the Law. London: Fairplay.

When a carrier retains goods under a lien it
must exercise reasonable care to protect the
cargo. It will be liable for any damage to such
property that might have been avoided if
ordinary precautions had been taken. Damages
resulting solely from the detention of the
property are the responsibility of the person
who has failed to pay the freight charges; he or
she must absorb that loss.
v
CARRINGTON, EDWARD
CODRINGTON
Edward Codrington Carrington was born April
10, 1872, in Washington, D.C. He was admitted
to the Maryland bar in 1894 and established his
legal practice in Baltimore, specializing in
corporation law.
A supporter of the Progressive faction of the
REPUBLICAN PARTY, Carrington served as cam-
paign manager in Maryland for
THEODORE
ROOSEVELT
in the primary election of 1912 while
a member of the Republican National Conven-
tion. During the same year, he advocated a
Progressive National Convention and acted as a
delegate to this convention. Carrington also
served on the Progressive National Committee
and headed the Progressive State Committee of
Maryland.

of undergraduate study and three years of law
school. The report indicates that the contents
and length of the traditional program inhibit
the prompt, competent, and efficient delivery of
necessary legal services to society.
CARRY-BACK
The name given to the method provided under
federal tax law that allows a taxpayer to apply net
operating losses incurred during one year to the
recomputation of income tax owed to the
government for three preceding taxable years.
CARRY-OVER
The designation of the process by whi ch net
operating loss for one year may be applied, as
provided by federal tax law, to each of several
taxable years following the taxable year of
such loss.
Edward Codrington Carrington 1872–1938
❖
❖
◆
1872 Born,
Washington, D.C.
◆
1894 Admitted to the
Maryland bar
1929 As president of
Hudson River Navigation
Corp., fought attempts
by New York state to

result of ownership of property, such as land taxes
and mortgage payments. Disbursements paid to
creditors, in addition to interest, for extending credit.
CONSUMER PROTECTION laws require full
disclosure of all carrying charges.
v
CARSWELL , GEORGE HARROLD
Through an unexpected appointment,
G. Harrold Carswell secured nomination on
January 19, 1970, to serve on the U.S. Supreme
Court. The appointment by President
RICHARD
M
. NIXON came a mere six months after Carswell
was named to the federal appeals court. During
highly politicized Senate confirmation hearings,
the Republican nominee faced skepticism and
concern over his qualifications for the Supreme
Court. In the end, Carswell was unable to
overcome the opposition to his appointment.
On April 8, 1970, he became the second Nixon-
appointed candidate to be rejected for the U.S.
Supreme Court by the U.S. Senate.
Carswell was born December 22, 1919, to a
prominent family in Irwinton, Georgia. After
graduating from Duke University in 1941 and
from Mercer Law School in 1948, Carswell
became a tria l attorney in private practice. In
1953 he was appointed by President
DWIGHT D.

Carswell also suffered a reputation as a legal
lightweight. His opponents noted that a dismal
58 percent of Carswell’s judicial decisions
had been overruled by higher courts. In a vote
of no confidence, the Ripon Society, a Republi-
can group, rated Carswell’s performance as a
federal judge well below the averag e level of
competence.
Carswell performed poorly during the
SENATE JUDICIARY COMMITTEE hearings, reinforcing
the assertion of his critics that he was an inept
nominee. His confirmation chances were fur-
ther weakened by a much-quoted observation
offered in his support by Repub lican senator
Roman Hruska, of Nebraska. The Midwestern
politician argued that even if Carswell was
mediocre, there were lots of mediocre judges,
lawyers, and citizens who were entitled to some
George Harrold Carswell 1919–1992
❖
❖
1919 Born, Irwinton, Ga.
◆
1941 Graduated from Duke University
1970 Nominated to
U.S. Supreme Court by
Nixon; failed to win
Senate confirmation
1969 Appointed to U.S. Court of Appeals for
the Fifth Circuit by President Nixon

—GEORGE CARSWELL
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
CARSWELL , GEORGE HARROLD 267