amenable to SERVICE OF PROCESS unless it has a
substantial and regular relationship with the
state comparable to the residency of an
individual, such as having its corporate head-
quarters in the forum state. In cases involving
subsidiary corporations, the intrastate business
engaged in by a subsidiary is sufficient to make
its parent corporation amenable to process in
the state because the parent corporation is
deemed to be doing business in the state.
The laws of each state must be consulted
to determine whether a foreign corporation
is doing business within a state to make it
amenable to process therein.
The phrase doing business is sometimes
used in the assessment of local taxes upon a
nonresident corporation in jurisdictions ot her
than the place of its incorporation i n which it
engages in business.
v
DOLE, ROBERT JOSEPH
Robert Joseph “Bob” Dole overcame childhood
poverty and a wartime injury that left him
partially paralyzed to become one of the most
powerful players in national politics. The
Republican majority leader from Kansas often
won praise from Republicans and Democrats
alike for finding a middle course through
difficult issues. His long career in national
politics put him at the center of major legislative
debates; and whether in budgetary, social, or

1960–68 Served in
U.S. House
1971
Appointed
RNC
chair
1976 Ran
for vice
president
with Ford
1984 Elected
Senate majority
leader
1988 Ran for
Republican
presidential
nomination
1996 Retired
from Senate to
run for
president;
lost election
to Clinton
1968–96 Served in U.S. Senate
1980 Ran for Republican
presidential nomination
2003 Joined
law firm
Alston &
Bird,

excelled in football, basketball, and track. He
worked at several jobs and wanted to be a
doctor. At age 18, he enrolled in the pre-med
program at the University of Kansas. Drafted
two years later, in 1943, he found himself
fighting in Italy.
WORLD WAR II had almost ended
in April 1945 when a shell hit him on
the battlefield, smashing his neck, shoulder,
and spine. Doctors thought he would be
crippled. But Dole’s persistence through three
years of operations and the rapy brought an
amazing recovery. His only permanent dis-
abilities are a lack of control of h is right
arm and hand, and partial loss of control of
his l eft.
The 25-year-old survivor was transformed.
With new earnestness, he finished his under-
graduate studies at the University of Arizona
and earned a law degree with honors from
Washburn University of Topeka.
Law quickly led to politics. Dole served
one term in the Kansas Legislature in 1951, and
for the remainder of the decade worked as a
PROSECUTOR in his local county. He entered
national politics in 1960 with election to the
U.S. House of Representatives, where he won
reelection every two years through 1968. Dole
advocated fiscal conservatism while supporting
limited welfare spending. He voted against the

role was to deliver party loyalty on votes in the
Senate, he also became a strong supporter of
President Reagan. During the Iran-Contra
scandal, Dole took a leading role in damage
control. He made public reassurances and
traveled the United States to rally support for
the president.
Dole made another bid for president after
Reagan’s departure in 1988. This unsuccessful
struggle for the Republican nomination against
Vice President George H. W. Bush revealed
what many critics had long seen as a mixed
blessing in Dole: his acerbic tongue. This had
appeared as an issue as early as 1976, when,
while campaigning as Gerald Ford’s running
mate, Dole had ridiculed Democratic candidate
JIMMY CARTER as “Southern Fried McGovern.” In
1988, again while campaigning, he lashed out at
George H. W. Bush on national TV, saying Bush
had lied about him. The attack on Bush raised
some speculation about whether Dole could
control his temper.
In 1996 Dole’s third run for the White
House was characterized by a rightward shift.
Soon after declaring his candidacy, he attacked
Hollywood for making movies that “revel in
mindless violence and loveless sex.” Dole called
for making English the nation’s official lan-
guage, returned the campaig n contribution of a
gay Republican organization (later calling the

of Freedom, the nation’s highest civilian award.
That same year, Dole was appointed chair of the
International Commission on Missing Persons,
an organization established to help find infor-
mation on the fates of thousands of persons
missing in the former Yugoslavia; and chair of
the National World War II Memorial, the first
national memorial dedicated to those who
served in World War II. He also helped establish
the
ROBERT J. DOLE Institute of Politics at the
University of Kansas. In 1998 he campaigned
in 37 states for Republican candidates; in 2000
he was active in George W. Bush’s cam paign
for the presidency; and in 2002 he worked on
the successful senatorial campaign of his wife
Elizabeth.
After the September 11, 2001, attack on the
World Trade Cen ter, Dole joined with Clinton,
his former political rival, as co-chair of a
scholarship fund that raised money to provide
education assistance to the families of persons
killed or wounded in the terrorist attacks. In
2003 Dole began a series of appearances with
Clinton on the CBS news show Sixty Minutes.
The format of the segment, two-minute debates
on highly topical subjects, was based on the
show’s highly popular Point/Counterpoint seg-
ments that aired in the 1970s. Noting that both
his wife and President Clinton’s wife were

In 1884 and 1886 he served in the Hawaiian
Legislature. His first act of dissension against
the existing monarchy was as a leader of the
Bayonet Revolution in 1887. As a result, the
power of the monarchy was reduced and a more
equitable constitution was adopted.
Also in 1887, Dole sat on the bench of the
Hawaii Supreme Court as an associate justice.
Sanford Ballard Dole 1844–1926
❖
◆◆
1844 Born,
Honolulu, Hawaii
1884, 1886 Served in
Hawaiian legislature
1894 Republic of
Hawaii created
1894–1900 Served as president of the Republic of Hawaii
1904–15 Served as justice of the U.S. district court for Hawaii
1914–18
World War I
1926 Died,
Honolulu, Hawaii
1861–65
U.S. Civil War
1893 Queen Liliuokalani overthrown;
Dole leader of revolutionary government
1900–03 Served as first governor of Territory of Hawaii
1939–45
World War II

constitution. An insurrection occurred and the
queen was overthrown. Dole left his post as justice
to become the leader of the revolutionary p rovi-
sional government that replaced the m onarchy.
The republic of Hawaii was created in 1894,
and Dole acted as its president. He began his
efforts for the U.S. annexation of Hawaii, but
his first attempts were thwarted by President
Grover Cleveland, who opposed the deposition
of the monarchy. Dole wrote a
TREATISE defend-
ing the revolution and its results but to no
avail. He was finally able to achieve annexation
under the administration of President
WILLIAM
MCKINLEY
in 1898. Dole continued to serve as
president throughout these years.
With the annexation of Hawaii completed,
Dole became the first governor of the newly
formed Territory of Hawaii. He performed
these duties from 1900 to 1903.
In 1904 Dole returned to the judiciary and
served as justice of the U.S. district court for
Hawaii until 1915. He died in Hawaii in 1926.
DOMAIN
The complete and absolute ownership of land.
Also the real estate so owned. The inherent
sovereign power claimed by the legislature of a
state, of controlling private property for public

Commissioned by William the Conqueror in
the year 1085 and finished in 1086, the book is a
superb example o f thorough a nd speedy adminis-
tration, unequaled by any ot her p roject undert aken
during the Middle Ages. Minu te and accurate
surveys of all of England were d one for the purpose
of compiling information essential for l evying taxes
and e nforcin g the land t en ure system.
The work was done by five justices in each
county who took a census and listed all the
feudal landowners, their
PERSONAL PROPERTY, and
other information. The judges gathered their
information by summoning each man and
having him give testimony under
OATH. This is
perhaps the earliest use of the inquest procedure
in England, and it established the right of the
king to require citizens to give information, a
foundation of the jury trial.
Domesday was a Saxon word meaning
Judgment Day, at the end of time when God
will pronounce judgment against all of mankind.
The name given to this record may have come
Sanford B. Dole.
LIBRARY OF CONGRESS
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
DOMESDAY BOOK 531
from the popular opinion that the inquiry was
as thorough as that promised for Judgment Day.

ufactured within a particular territory rather
than imported from outside that territory.
DOMESTIC PARTNERSHIP LAW
The area of law that concerns the rights of unmarried
adults who choose to live together in the same manner
as a married couple but who are not married.
DOMESTIC PARTNERSHIP LAW is evolving rapidly, in
part because more individuals are choosing to
identify themselves as domestic partners. Although
any two adults living together in a loving
relationship may be called partners, the term i s
most frequently used to describe same-sex couples.
Since the 1990s, a number of local govern-
ments have enacted domestic partnership laws,
including Seattle, New York City, and Broward
County, Florida. In 1999 California passed a state
domestic partnership law that provided
a number of protections that formerly had
been offered only to married couples. These
protections include the right to inherit from a
partner’s estate; the right to mak e medical
decisions for an incap acitated partner; the right
to use sick leave to care for a partner; the right to
obtain
HEALTH INSURANCE through a partner; and
the right to adopt a partner’s child as a stepparent.
Domestic partners in California may obtain these
benefits by registering with the state.
Although domestic partnership law is
intended to provide benefits to partners, it still

DOMESTIC VIOLENCE
Any abusive, violent, coercive, forceful, or threat-
ening act or word inflicted by one member of a
family or household on another can constitute
domestic violence.
Domestic violence, once considered one of
the most underreported crimes, became more
widely recognized during the 1980s and 1990s.
Various individuals and groups have defined
domestic violence to include everything from
saying unkind or demeaning words, to grabbing
a person’s arm, to hitting, kicking, choking, or
even murdering. Domestic violence most often
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
532 DOMESTIC
refers to violence between married or cohabit-
ing couples, although it sometimes refers to
violence against other members of a house-
hold, such as children or elderly relatives. (The
DEPARTMENT OF JUSTICE generally tracks victim/
offender relationships under the broader do-
mestic violence category.) It occurs in every
racial, socioeconomic, ethnic, and religious
group, although conditions such as poverty,
drug or alcohol abuse, and mental illness
increase its likelihood. Studies indicate that the
incidence of domestic violence among homo-
sexual couples is approximately equivalent to
that found among heterosexual couples.
Domestic violence involving famous married

in the previous allegations. In early 2009 NFL
quarterback Steve McNair was shot to death by
a girlfriend who then killed herself.
Although thousands of c ases involving domes-
tic violence occur each year, those that involve
celebrities continue to attract t he most at tention. In
1999 movie director John Singleton pled no-
contest to charges o f battering his girlfriend.
Singleton is b est k nown for such movies as Boyz
‘N the Hood and Poetic Justice. In 2001 Rae Carruth,
a player for the National Football League’sCarolina
Panthers, was found guilty of conspiracy to commit
the m urder of h is former girlfriend, who had been
carrying Carruth’schildatthetimeofherdeath.
Although he avoided the dea th penalty, Carruth
was sentenced to up to 25 years in prison. Also in
2001, former heavyweight boxing champion
Riddick Bowe was charged with third-degree
assault for a fight with his wife. Stil l another media
frenzy surrounded the 2009 assault on pop singer
Rihanna by her equally famous boyfriend, singer
Chris B rown.
Those who have studied domestic violence
believe that it usually occurs in a cycle with
three general stages. First, the abuser uses words
or threats, perhaps humiliation or ridicule. Next,
the abuser explodes at some perceived infraction
by the other person, and the abuser’s rage is
manifested in physical violence. Finally, the
abuser “cools off,” asks forgiveness, and promises

A PART OF CENGAGE
LEARNING.
GALE ENCYCLOPEDIA OF AMERICAN LAW, 3
RD E DITION
DOMESTIC VIOLENCE 533
victimized by spouses or other partners often
suffer from low self-esteem, feelings of shame
and guilt, and a sense that they are trapped in a
situation from which there is no escape. Some
who feel that they have no outside protection
from their batterer may turn to self-protection.
During the 1980s, in a number of cases in which
a victim of repeated domestic abuse struck back,
the battered-spouse defense was used to exon-
erate the victim. However, in order to rely on
the battered-spouse defense, victims must prove
that they genuinely and reasonably believed that
they were in immediate danger of death or
great bodily injury and that they used only such
force as they believed was reasonably necessary
to protect themselves. Because this is a very
difficult standard to meet, it is estimated that
fewer than one-third of victims who invoke
the battered-spouse defense are acquitted.
Heightened awareness and an increase in
reports of domestic v iolence have led t o a
widespread legal response since the 1980s. Once
thought to be a problem that was best handled
without legal intervention, domestic violence is now
treated as a criminal offense. Many states and

violence charges of rape made against a spouse,
i.e., by definition, a husband could not legally
rape his wife. Although all 50 states now crimi-
nalize spousal rape, many states still categorize
spousal rape as lesser offenses than those osten-
sibly committed by strangers.
Public outrage over domestic violence led to
the inclusion of the Violence Against Women
Act as title IV of the
VIOLENT CRIME CONTROL AND
LAW ENFORCEMENT ACT OF
1994 (Pub. L. No. 103-
322, 108 Stat. 1796 [codified as amended
in scattered sections of 18 and 42 U.S.C.A.]).
The act authorized research and education
programs for judges and judicial staff to enhance
knowledge and awareness of domestic violence
and sexual assault. It also provided funding for
police training and for shelters, increased penal-
ties for domestic violence and rape, and provided
for enhanced privacy protection for victims,
although the U.S. Supreme Court struck it down
as unconstitutional in 2000.
One of the more controversial portions of
the original act made gender-motivated crimes
a violation of federal
CIVIL RIGHTS law. In 2000
the U.S. Supreme Court considered the appli-
cation of this portion in United States v.
Morrison, 529 U.S. 598, 120 S. Ct. 1740, 146

GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION
534 DOMESTIC VIOLENCE
partner (United States v. Hayes No. 07-608, 129
S.Ct. 1079, 172 L.Ed.2d 816 [2009]). Counsel for
defendant Hayes had argued that the amendment
only applied to convictions under specific laws
proscribing domestic violence, not general laws
proscribing violence that just happened to be
committed against family members. Also in
2009, the White House announced the appoint-
ment of a White House Advisor on Violence
Against Women, who was identified as Lynn
Rosenthal, former executive director of the New
Mexico Coalition Against Domestic Violence.
Studies on the incidence of domestic vio-
lence vary a great deal. However, trends can be
discerned. The Domestic Violence Resource
Center (DVRC), identifying various sources
for its findings, reported on average that three
women and one man are murdered every day by
their intimate partners. Most of these homicides
had in years prior involved spouses, but by
2006, nearly an equal number occurred between
boyfriends and girlfriends or domestic partners.
The DVRC also reported that women account
for approximately 85 percent of all intimate
partner violence, with women aged 20–24 at
greatest risk. Moreover, separated or divorced
persons were identified as being at greater risk
for involvement in intimate partner violence.

Viewpoints. San Diego: Greenhaven Press.
Sommers, Christina Hoff. 1994. Who Stole Feminism? New
York: Simon & Schuster.
Straus, Murray, and Richard Gelles. 1988. Intimate Violence.
New York: Simon & Schuster.
CROSS REFERENCES
Child Abuse; Elder Law; Family Law.
DOMICILIARY ADMINISTRATION
The settlement and distribution of a decedent’s
estate in the state of his or her permanent
residence, the place to which the decedent intended
to return even though he or she might actually
have resided elsewhere.
DOMICILIARY ADMINISTRATION is deemed princi-
pal or primary administration and is distinguish-
able from
ANCILLARY ADMINISTRATION, which is the
management of a decedent’s property in the state
where it is situated, which is other than the state
in which the decedent permanently resided.
DOMINANT
Prevalent; paramount in force or effect; of primary
importance or consideration. That which isdominant
possesses rights that prevail over those of others.
In
PROPERTY LAW, the estate to which an
easement, or right of use, is given is called the
dominant tenement or estate, and the one upon
which the easement is imposed is called the
servient tenement or estate.

in the nature of a gift.
A donative trust is the conveyance of pro-
perty in trust set up as a gift from one person
to another. Donative intent is the intent to give
something as a gift.
DONEE
The recipient of a gift. An individual to whom a
power of appointment is conveyed.
DONOR
The party conferring a power. One who makes
a gift. One who creates a trust.
DOOM
An archaic term for a court’s judgment. For
example, some criminal sentences still end with
the phrase “… which is pronounced for doom.”
DORMANT
Latent; inactive; silent. That which is dormant
is not used, asserted, or enforced.
A dormant partner is a member of a part-
nership who has a financial interest yet is silent,
in that he or she takes no control over the
business. The partner’s identity is secret because
the individual is unknown to the public.
v
DORR, THOMAS WILSON
Known for his central role in Rhode Island’s
1842 Dorr’sRebellion,
THOMAS WILSON DORR
fought for changes in the voting laws of his
native state. Until the tumultuous 1842 elec-

1805 Born,
Providence, R.I.
◆
1827 Admitted to the Rhode Island bar
1861–65
U.S. Civil War
1823 Graduated from
Harvard College
◆
◆
◆
◆◆
◆
◆
1888 Rhode Island dropped last
property requirements for voting
1851 Dorr's
civil rights
reinstated
1834 Joined Rhode
Island legislature
◆
▼▼
▼▼
18001800
18501850
18751875
19001900
18251825
1854 Treason

led a campaign to secure extended voting rights.
When the movement gain ed momentum, the
Rhode Island
SUFFRAGE Association was founded,
which Dorr heade d in 1840. As support for
Dorr grew, he formed the People’s party. In
1841 the party organized a convention and
drafted a more liberal state constitution, the
People’s Constitution. It appealed to voteless
urban workers by issuing the vote to all white
adult males.
To counteract Dorr’s movement, the Rhod e
Island state legislature called for a convention in
Newport in November 1841. Conservatives saw
this as their chance to derail the newly drafted
constitution. Many others, however, supported
Dorr’s constitution, and two rival positions
emerged. In 1842 Dorr’s supporters elected him
governor of the state. For a while, Rhode Island
had to juggle two state governments. Samuel H.
King, representing opponents of Dorr’s efforts,
also served as governor, under the guides of
the old charter. Both sides wooed the federal
government for recognition. President
JOHN
TYLER
wrote to King and warned him that
any attempt to overthrow Dorr’s government
would result in the presence of federal troops
in Rhode Island.

the power to ensure a republican state govern-
ment while simultaneously recognizing the
lawful government of that state. The court
ruled that the president had the authority to
support a lawful state government with federal
troops if an armed conflict occurre d. The
federal courts could not disturb these rights of
Congress and the president. As President Tyler
had not taken the opportunity to act on his
power, the Court was left with much to decide
regarding the balance between Rhode Island ’s
new constitution and the federal executive and
legislative powers.
The reform movement set forth by Dorr,
later known as Dorrism, had helped to solidify
a greater trend in U.S. government. As more
and more people were granted the right to vote,
the United States strayed further and further
from the original English monarchical rule.
Although the rebellion of Dorr and his followers
consisted of only a few skirmishes, its influence
extended through a long period of time. For
conservatives, Dorrism represented bloody
class conflict. For many others, Dorr appeared
to be less a traitor than a representative for the
common person. In 1851 Dorr’s
CIVIL RIGHTS
were reinstated, and in 1854 the verdict against
him was reversed. Later that year, on December
27, Dorr died in Providence, in his native