It usually is granted when the judgment debtor appeals the case, but a court may grant a stay of execution in any case in which the court feels the stay is necessary to secure or protect
Trang 1right of a defaulting mortgagor to reclaim pro-perty by paying all past due mortgage payments anytime prior to foreclosure Statutory redemp-tion, by contrast, begins at the point of fore-closure and requires that the defaulting mortgagor pay the full foreclosure sale price Equitable redemption is a common-law concept, which means it exists as law in the form of judicial opinions All state courts have recognized a mortgagor’s right to equitable redemption
FURTHER READINGS Bauer, Patrick B 1985 “Statutory Redemption Reconsidered:
The Operation of Iowa ’s Redemption Statute in Two Counties between 1881 and 1980 ” Iowa Law Review
70 (January).
Nelson, Grant S 2007 “The Foreclosure Purchase by the Equity of Redemption Holder or Other Junior Inter-ests ” Missouri Law Review 72 (fall).
Palace, Eric S 1996 “In Re BFP: Just a Band-Aid?—Looking for a Stable Solution that Balances Creditors ’ and Debtors ’ Rights under Bankruptcy Code Section 548(A) (2) ” Annual Review of Banking Law 15 (annual).
Peeler, Ronald L 1986 “Statutory Redemption—Redemption
of Property by the Debtor or Debtor ’s Assignee during the Exclusive Statutory Period Extinguishes a Junior Lienor ’s Right of Redemption.” Drake Law Review 35 (summer).
STAY The act of temporarily stopping a judicial proceed-ing through the order of a court
A stay is a suspension of a case or a suspension
of a particular proceeding within a case A judge may grant a stay on the motion of a party to the case or issue a stay sua sponte, without the request of a party Courts will grant a stay in a case when it is necessary to secure the rights of
a party
There are two main types of stays: a stay of execution and a stay of proceedings A stay of execution postpones the enforcement of a judgment against a litigant who has lost a case, called theJUDGMENT DEBTOR In other words, if a civil litigant wins money damages or some other form of relief, he may not collect the damages
or receive the relief if the court issues a stay
Under rule 62 of the Federal Rules of Civil Procedure, every civil judgment is stayed for ten days after it is rendered An additional stay of execution lasts only for a limited period It usually is granted when the judgment debtor appeals the case, but a court may grant a stay
of execution in any case in which the court feels the stay is necessary to secure or protect the rights of the judgment debtor
The term stay of execution may also refer to a halt in the execution of a death penalty This kind of stay of execution normally is granted when a court decides to allow an additional appeal by a condemned prisoner Such stays of execution may be granted by executives, such
as governors or the president of the United States, or by appeals courts
A stay of proceedings is the stoppage of an entire case or a specific proceeding within a case This type of stay is issued to postpone a case until a party complies with a court order
or procedure For example, if a party is required
to deposit collateral with the court before a case begins, the court may order the proceed-ings stayed for a certain period of time or until the money or property is delivered to the court
If the party fails to deposit the collateral, the court may cite the party forCONTEMPTof court and impose a fine or order incarceration
A court may stay a proceeding for a number of reasons One common reason is that another action is under way that may affect the case or the rights of the parties in the case For instance, assume that a defendant faces lawsuits from the same plaintiffs in two separate cases involving closely related facts One case is filed in federal court, and the other case is filed in state court In this situation one of the courts may issue a stay in deference to the other court The stay enables the defendant to concentrate on one case at a time The term stay may also be used to describe any number of legal measures taken by a legislature to provide temporary relief to debtors For example, under section 362(a) of the Bank-ruptcy Code, a debtor who files for bankBank-ruptcy receives an automatic stay immediately upon filing a voluntary bankruptcy petition Used in this sense, the term stay refers to the right of the debtor to keep creditors at bay during the resolution of the bankruptcy case
FURTHER READING Hazard, Geoffrey C., Jr., Colin C Tait, and William A Fletcher 2009 Cases and Materials on Pleading and Procedure: State and Federal 10th ed Westbury, N.Y.: Foundation Press.
CROSS REFERENCE Capital Punishment.
STEERING The process whereby builders, brokers, and rental property managers induce purchasers or lessees of
368 STAY
Trang 2real property to buy land or rent premises in
neighborhoods composed of persons of the same
race
Steering is an unlawful practice and includes
any words or actions by a REAL ESTATE sales
representative or BROKER that are intended to
influence the choice of a prospective buyer or
tenant Steering violates Section 804 of the federal
Fair Housing Act, a provision that proscribes
DISCRIMINATIONin the sale or rental of housing
The Housing and Civil Enforcement Section
of the Department of Justice’s CIVIL RIGHTS
Division has a fair housing testing program Since
1991, it has trained and sent over 1,000 trained
personnel to investigate patterns of steering in
housing markets These individuals pose as
buyers or renters in order to gather information
about possible discrimination in housing As of
2009, the Department has recovered more than
$12 million in fines and damages resulting from
more than 80 suits filed
FURTHER READING
U.S Department of Justice Civil Rights Division “Housing and
Civil Enforcement Division” http://www.usdoj.gov/crt/
housing/housing_testing.php (accessed September 28,
2009).
CROSS REFERENCES
Civil Rights; Discrimination; Racial and Ethnic Discrimination.
vSTEINEM, GLORIA
feminist writers and organizers of the late
twentieth century Since the 1960s, Steinem
has been a political activist and organizer who
has urged equal opportunity for women and the
breaking down of gender roles As a writer she
has produced influential essays about the need for social and cultural change
Steinem was born on March 25, 1934, in Toledo, Ohio Her parents divorced when she was 11 years old Steinem enrolled at Smith College in 1952 and graduated in 1956 After graduation she went to India to study at the universities of Delhi and Calcutta It was there that she began publishing freelance articles in newspapers
In the 1960s, Steinem continued to pursue
a writing career, working first for a political satire magazine in New York Her breakthrough came in 1963 with the publication of her article
“I Was a Playboy Bunny,” which retold her
Gloria Steinem.
AP IMAGES
Gloria Steinem 1934–
▼ ❖
1961–73 Vietnam War
◆
1950–53 Korean War 1939–45
World War II
1934 Born,
Toledo, Ohio
1956 Graduated from Smith College
1960 Moved to New York to pursue writing career
1963 “I Was a Playboy Bunny” published
1968–72 Wrote for New York magazine
1972 Founded Ms magazine
1971 Co-founded the National Women’s Political Caucus with Betty Friedan, Bella Abzug, and Shirley Chisholm
1972–87 Served as editor
of Ms magazine
1986
Marilyn
published
1983 Outrageous Acts and
Everyday Rebellions published
2000 Addressed 3-day international Feminist Expo
2000 in Baltimore, Md.
1997 Feminist Family Values published
1992 Revolution from Within: A
Book of Self-Esteem published
1994 Moving Beyond Words published
2006 Doing
Sixty and Seventy
published
2002 Celebrated 30th anniversary of founding
of Ms magazine
2000 1975
1950
Trang 3experiences working in the Manhattan Playboy Club For the next few years, her articles appeared
in many national women’s magazines Steinem also wrote comedy scripts for a weekly politi-cal satire television show, That Was the Week That Was
Her attention shifted to politics in 1968 when Steinem began writing a column for New York magazine During the late 1960s, the“women’s liberation movement” began and Steinem soon became a leading supporter of the movement In
1971 she, along withBETTY FRIEDAN,BELLA ABZUG,
Women’s Political Caucus The mission of the caucus was to identify and encourage women to run for political office
In 1972 Steinem founded and served as editor of Ms magazine Ms addressed feminist issues, including reproductive rights,
The magazine presented Steinem with a plat-form to air her views about the contemporary social scene That same year Steinem was one
of the cofounders of the Ms Foundation for Women, a nonprofit organization that pioneered the concept of giving money to programs that addressed the specific concerns of women At that time less than one percent of foundation grants were given to programs that supported women’s issues such asDOMESTIC VIOLENCE, female-friendly legislation, and economic disparities
Since the 1970s, Steinem has been a spokes-person for many feminist causes She has sought
to protect ABORTION rights, establish RAPE crisis centers, and guarantee work environments free from sexual discrimination Steinem has distin-guished between “erotica” and PORNOGRAPHY, believing that nonviolent sexual material is acceptable but pornography should be banned
More radical feminists have criticized Steinem for these and other positions, arguing that she seeks legal changes that falsely promise equal opportunity and fair treatment
Despite these criticisms, Steinem has remained a popular public figure, traveling across the United States and worldwide, and lecturing to packed audiences She is a prolific writer, regularly contributing articles to maga-zines and newspapers; she also provides politi-cal commentary on television, radio, and the
INTERNET A collection of her articles and essays, Outrageous Acts and Everyday Rebellions, was published in 1983 In 1986 she published Marilyn,
a biography of film star Marilyn Monroe retold from a feminist perspective In Revolution from Within: A Book of Self-Esteem (1992), Steinem looked inward, discussing ways that women could empower themselves In 1994 she wrote Moving beyond Words, a collection of essays on the politics of gender, and Doing Sixty and Seventy was published in 2006
In addition to her numerous awards and honorary degrees, in 1993, Steinem was inducted into the National Women’s Hall of Fame in Seneca Falls, New York In 2000 she astonished observers by getting married at the age of 66 to
an entrepreneur she had met at a Voters for Choice (VFC) fundraiser in 1999 Steinem is president of VFC, which is a bipartisanPOLITICAL
work-ing for reproductive freedom In May 2002 Steinem and her supporters celebrated the thirtieth anniversary of the founding of Ms magazine
Steinem was active and vocal regarding the
2008 presidential election She was quoted as saying that“Both Senators Clinton and Obama
environ-mentalists, and critics of the war in Iraq Both have resisted pandering to the right, something that sets them apart from any Republican candidate, including JOHN MCCAIN Both have Washington and foreign policy experience;GEORGE
W.BUSHdid not when he first ran for president.” She ended up endorsing Senator Clinton, citing Clinton’s broader experience Steinem was critical of sexist media treatment of the Clinton campaign Following McCain’s selection of Sarah Palin as his running mate, Steinem penned an op-ed in which she labeled Palin an “unquali-fied woman.”
FURTHER READINGS Davis, Flora 1999 Moving the Mountain: The Women’s Movement in America since 1960 Champaign: Univ of Illinois Press.
Heilbrun, Carolyn G 1995 The Education of a Woman: The Life of Gloria Steinem New York: Dial Press Marcello, Patricia Cronin 2004 Gloria Steinem: A Biogra-phy Westport, Conn.: Greenwood Press
Stern, Sydney Ladensohn 1997 Gloria Steinem: Her Passions, Politics, and Mystique Secaucus, N.J.: Carol Pub Group.
CROSS REFERENCES Dworkin, Andrea; Feminist Jurisprudence; Ireland, Patricia; MacKinnon, Catharine Alice; Millett, Katherine Murray; Sex Discrimination; Women ’s Rights.
370 STEINEM, GLORIA
COLUMNS OF
NUMBERS BASED ON
BUT WAYS OF
EXPRESSING WHAT
VARYING SOCIETIES
BELIEVE IS
—G LORIA S TEINEM
Trang 4STEM CELL RESEARCH
See FETAL TISSUE RESEARCH
STENOGRAPHER
An individual who records court proceedings either
in shorthand or through the use of a paper-punching
device
A court stenographer is an officer of the
court and is generally considered to be a state
or public official Appointment of a court
steno-grapher is largely governed by statute A
stenogra-pher is ordinarily appointed by the court as an
official act, which is a matter of public record
He or she is an official under the control of the
court and is, therefore, generally subject to its
direction A stenographer is not under the
dominion and control of the attorneys in a case
The term of office of a court stenographer is
also regulated by statute in most cases
The stenographer has the duty to attend court
and to be present, or on call, throughout the entire
trial, so that the court and the litigants can be
protected by a complete record of the proceedings
The stenographer must take notes of what occurs
before the court and transcribe and file the notes
within the time permitted The notes must comply
with provisions requiring the stenographer to
prepare and sign a certificate stating that the
proceedings, evidence, and charges levied against
the defendant were fully and accurately taken at
the trial and that the transcript represents an
accurate translation of the notes
Some statutes provide that a judge who
appoints the stenographer also has the power to
remove him or her Other statutes fix the term
of office; in which case a stenographer cannot
be removed at a judge’s pleasure, even though
the judge has the power to appoint him or her
The compensation of a court stenographer
may be in the form of an annual salary, a per
diem allowance, or an allowance for work
actually performed In the absence of a statute
fixing the fees, a duly appointed stenographer is
entitled to be reasonably compensated Some
statutes require that a stenographer’s fees must
be paid by the parties
CROSS REFERENCE
Court Reporter.
STERILIZATION
A medical procedure where the reproductive
organs are removed or rendered ineffective
Legally mandated sterilization of criminals,
or other members of society deemed “socially undesirable,” has been considered a stain on the history of U.S law for some time The practice originated early in the twentieth century In
1914 a Model Eugenical Sterilization Law was published by Harry Laughlin at the Eugenics Records Office Laughlin proposed the steriliza-tion of “socially inadequate” persons, which translated as anyone “maintained wholly or in part by public expense.” This would include the“feebleminded, insane, blind, deaf, orphans, and the homeless.” At the time the model law was published, 12 states had enacted steriliza-tion laws Such laws were seen to benefit society because they presumably reduced the burden
on taxpayers of maintaining state-run facilities
Eventually, these laws were challenged in court
Wendell Holmes Jr wrote the infamous opinion that upheld the constitutionality of a Virginia sterilization law, fueling subsequent legislative efforts to enact additional sterilization laws By
1930, 30 states and Puerto Rico had passed laws mandating sterilization for many criminal or moral offenses Nearly all of the states with such laws imposed mandatory sterilization of mentally challenged citizens Nineteen states required sterilization for parents of children likely to experience various disorders Six states encour-aged sterilization for individuals whose children might be“socially inadequate.”
Finally, the SUPREME COURT struck down an Oklahoma law mandating involuntary steriliza-tion for repeat criminals in Skinner v Oklahoma,
316 U.S 535, 62 S Ct 1110, 86 L Ed 1655 (1942) Justice William O Douglas’s opinion broadly defined the right to privacy to include the right to procreate, and concluded that the government’s power to sterilize interfered with
an individual’s basic liberties
Skinner v Oklahoma is often understood to have ended all compulsory sterilization in the United States In reality, however, the only types
of sterilization that the ruling immediately ended were punitive sterilization, and it did not directly comment on compulsory sterilization of the mentally disabled or mentally ill Skinner did
have statutes that authorize court-ordered steril-ization of mentally disabled individuals Each law varies as to the grounds that justify compulsory sterilization For example, some apply only to
STERILIZATION 371
Trang 5those who are unable to give consent, while some apply only to those who are “mentally retarded,” “mentally ill,” “brain damaged,”
“developmentally disabled,” or “residents of state facilities for the mentally ill.” The reason-ing underlyreason-ing these laws also varies from state
to state Whereas some states still employ a eugenics rationale, most focus on a mentally disabled woman’s inability to care adequately for a child or on the potential physical and psychologi-cal effects that procreation may have on her
FURTHER READINGS Carlson, Elof Axel 2001 The Unfit: A History of a Bad Idea.
Cold Spring Harbor, N.Y.: Cold Spring Harbor Laboratory Press.
Kevles, Daniel J 1985 In the Name of Eugenics New York:
Knopf.
Smith, J David, and K Ray Nelson 1999 The Sterilization of Carrie Buck Far Hills, N.J.: New Horizon Press.
vSTEVENS, JOHN PAUL
A member of the U.S Supreme Court since 1975, John Paul Stevens has developed a reputation as
a judicial centrist on the High Court, although many of his more well-known opinions are marked by a liberal bent
Born on April 20, 1920, Stevens descended from Nicholas Stevens, who emigrated to America
in 1659 after serving as a brigadier general in Oliver Cromwell’s army Stevens’s father was a businessman and lawyer; he designed Chicago’s Stevens Hotel and was its original managing director
A political moderate during his college days
at the University of Chicago, Stevens graduated Phi Beta Kappa in 1941 During WORLD WAR II
he served with the U.S Navy and was awarded the Bronze Star After the war he studied law
at Northwestern University School of Law in Chicago, graduating first in his class in 1947
Stevens began his legal career as a law clerk for U.S Supreme Court JusticeWILEY B.RUTLEDGE
In 1948 he joined the Chicago firm of Poppen-hausen, Johnston, Thompson, and Raymond, specializing inLITIGATIONand ANTITRUST LAW In
1951 he served as associate counsel on a study
Judiciary Committee of the House of Repre-sentatives Upon returning to Chicago in 1952, Stevens founded the firm of Rothschild, Ste-vens, Barry, and Meyers Along with his private practice, he taught antitrust law at the North-western University and the University of Chicago
law schools throughout much of the 1950s He also served for a time as a member of the U.S attorney general’s National Committee to Study Antitrust Laws
In 1970 President RICHARD M NIXON
appointed Stevens as a judge of the U.S Court
of Appeals for the Seventh Circuit He became known for his scholarly abilities and his carefully written, clear, and succinct opinions His first opinion on the court of appeals was aDISSENTin a challenge to the summary INCARCERATION of an antiwar activist who had disrupted a legislative session (Groppi v Leslie, 436 F.2d 331 [1971]) Stevens viewed the incarceration as unconstitu-tional, and the following year his minority view was vindicated by a unanimous Supreme Court (404 U.S 496, 92 S Ct 582, 30 L Ed 2d 632) The liberal Supreme Court justiceWILLIAM O
Supreme Court appointment Stevens received high praise and active support from Ford’s attorney general, EDWARD LEVI, and unqualified support from the AMERICAN BAR ASSOCIATION During the Senate confirmation hearing, Stevens remarked that he believed that litigants should know how judges viewed the arguments and that
it was important to make a record to note diverse views for reference in later cases Stevens was unanimously confirmed on December 17, 1975, and took his oath of office two days later Until Stevens became a justice, new justices were typically seen but not heard Instead, they usually joined dissents or concurrences without offering their own opinions Stevens did not fit that pattern During the 1976–77 term, Stevens had 17 separate majority concurrences and 27 separate dissents, far more than any other justice
From the start, Stevens evinced a concern that the legal system give particular care to ensure the rights of the underprivileged,
However, Stevens cannot easily be classified as either a judicial liberal or a conservative In a judicial context, a conservative judge generally will not decide issues that he or she believes are within the province of legislatures Moreover, a conservative typically votes to enhance govern-ment power in a conflict between governgovern-ment interests and individual rights A judicial liberal,
by contrast, tends to favor individual interests and will look beyond the bounds of a statute
372 STEVENS, JOHN PAUL
Trang 6and past interpretations of the Constitution to
decide social policy questions
For example, although Stevens is generally
perceived as being sympathetic to the rights of
prisoners, his sympathy has not necessarily
translated into leniency for criminal defendants
Stevens wrote the opinion in United States v
Ross, 456 U.S 798, 102 S Ct 2157, 72 L Ed 2d
572 (1982), wherein the Court held that police
may search compartments and containers within
a vehicle even though the contents are not in
plain view, as long as the search is based on
stand-ard needed to obtain aSEARCH WARRANT, is typically
determined by a magistrate, but this case
effec-tively gave that power to the police in searches of
vehicle containers
Stevens’s nomination was opposed by some
women’s groups that claimed that he was
unresponsive in several sexual DISCRIMINATION
cases while on the court of appeals In 1981 he
voted to uphold the all-male draft (ROSTKER V
2d 478), and in another case he declined to
consider the theory of COMPARABLE WORTH On
the other hand, he has typically voted to uphold
Ed 2d 147 (1973), and limit restrictions to a
woman’s right toABORTION(Planned Parenthood
v Casey, 510 U.S 1309, 114 S Ct 909, 127 L
Ed 2d 352[1994] and Rust v Sullivan, 500 U.S
173, 111 S Ct 1759, 114 L Ed 2d 233[1991])
In Clinton v Jones, 520 U.S 681, 117 S Ct
1636, 137 L Ed 2d 945 (1997), Stevens spoke for a unanimous Court in allowing a SEXUAL
CLIN-TON to go forward Stevens ruled that the Constitution does not afford a president temporary immunity—except in the most
1952 Founded firm
of Rothschild, Stevens, Barry, and Meyers
◆
2000 Wrote majority opinion banning student-led and-initiated prayer at football games, Santa Fe Independent School District v Doe;
dissented in Bush v Gore, warning decision would fuel cynicism about partiality of the U.S judiciary; Justices Ginsburg and Breyer joined the dissent
◆
1996 Wrote majority opinion in BMW of North America, Inc v Gore
1951 Served as associate counsel to the House Judiciary
Committee’s Subcommittee on the Study of Monopoly Power
❖
1961–73 Vietnam War 1950–53
Korean War 1939–45
World War II
1920 Born,
Chicago, Ill.
◆
◆◆
1942–45 Served
in the U.S Navy 1947–48 Clerked for Justice Wiley B Rutledge
1970–75 Sat
on the U.S.
Court of Appeals for the Seventh Circuit
1975– Served as associate justice
of the U.S.
Supreme Court
1990 Wrote dissent in
Eichman v.
United States
2003 Wrote 5–4 majority opinion upholding state use of lawyers’ trust account interest to fund legal services for the poor, Brown v Legal Foundation of Washington
1992 Wrote majority opinion in
Cipollone v Liggett Group, Inc.
1997 Wrote unanimous opinion for Clinton v Jones
1999 Dissented in decision limiting the Americans with Disabilities Act, Sutton v United Air Lines, Inc., calling majority view miserly
◆◆
2002 Dissented in landmark school vouchers decision Zelman v Simmons-Harris, warning about potential for national religious strife
2000 Presidential election result uncertain due
to disputed Florida vote count; recount halted by
U.S Supreme Court with 5–4 vote in Bush v Gore
2001 September 11 terrorist attacks
2006 Wrote majority opinion in Hamdan v Rumsfeld
John Paul Stevens STEVE PETTEWAY, COLLECTION OF THE SUPREME COURT OF THE UNITED STATES
Trang 7exceptional circumstances—for civil litigation arising from events that occurred before the president took office The Court also held that Clinton was not entitled to a stay of proceedings during his term in office
One of Stevens’s earliest opinions was Young
v American Mini Theatres, Inc., 427 U.S 50, 96
S Ct 2440, 49 L Ed 2d 310, (1976) He wrote for a plurality of the Court, upholding Detroit
concen-tration of“adult” establishments The case was significant because the ordinance in question did not require a finding that the establishment dealt in legally obscene materials as a prerequi-site to legal action Before the ruling in Young, sexually-oriented material that was not legally obscene appeared to be entitled to complete
the material in question was so sexually explicit
as to be entitled to less protection than other speech, stating that“few of us would march our sons and daughters off to war to preserve the citizen’s right to see ‘Specified Sexual Activities’
exhibited in the theaters of our choice.” He reasoned that the zoning restriction did not totally prohibit the availability of the material and was a reasonable action by the city to further its interest in preserving the quality of urban life This ruling has been the basis for other restrictions that fall short of an outright prohibition of communication that is sexually explicit but not obscene
Justice Stevens, along with Justices POTTER STEWARTandLEWIS F.POWELL JR., acted as a swing vote in a series of death penalty cases in the mid-1970s The Court upheld death penalty statutes providing for discretion in imposition but over-turned those calling for mandatory death sen-tences Stevens voted against the death penalty in cases of RAPE and dissented from a 1989 deci-sion permitting an execution for someone who committed aMURDERat age 16 or 17
In Eichman v United States, 496 U.S 310,
110 S Ct 2404, 110 L Ed 2d 287 (1990), the Supreme Court ruled that flag burning was a form of expression protected by the First Amendment and overturned a federal statute that attempted to protect flags The majority ruled that the statute had to withstand the most exacting scrutiny and could not be upheld under the First Amendment Stevens wrote a dissent joined by conservative Chief Justice
maintaining that the statute was consistent with the First Amendment
Stevens wrote the opinion in BMW of North America, Inc v Gore, 517 U.S 559, 116 S Ct
1589, 134 L Ed 2d 809 (1996), the first case
in which the High Court overturned a jury’s
automobile owner $4 million (later reduced to
$2 million) when the manufacturer failed to disclose a refinished paint job on a new BMW Stevens called the award“grossly excessive” and set out criteria to determine the propriety of punitive damage awards The four dissenting justices in the case argued that the ruling improperly intruded into states’ prerogatives
In 1992 Stevens wrote the opinion for
112 S Ct 2608, 120 L Ed 2d 407 (1992), possibly exposing the tobacco industry to huge adverse verdicts for money damages by opening the door to increased litigation for smoking-related deaths In a 7–2 decision, the Court ruled that cigarette manufacturers that lie about the dangers of smoking or otherwise misrepre-sent their products can be sued under state laws Because cigarette labeling is governed by federal law, at issue was whether federal law preempts state common-law liability lawsuits The Court ruled that federal suits are the only avenue for pursuing failure-to-warn cases or claims of omissions in the manufacturer’s advertising or promotions Litigants may sue in state court, however, for claims of breaches of express warranties, claims that cigarette advertisements are fraudulent, and claims that a company hid the dangers of smoking from state authorities or conspired to mislead smokers
Stevens also authoredWALLACE V.JAFFREE, 472 U.S 38, 105 S Ct 2479, 86 L Ed 2d 29 (1985), holding that a state cannot provide a moment of silence at the beginning of the school day for the express purpose of facilitating meditation or prayer The Court held that the Alabama statute
in question did not pass constitutional scrutiny
Recent Decisions
In the first decade of the 2000s, Stevens’s opinions have continued to cross the political spectrum, despite the tendency for observers to cast him as one of the“liberal” justices In Hope
v Pelzer, 536 U.S 730, 122 S Ct 2508, 153 L
Ed 2d 666 (2002), Stevens wrote a 6–3 majority opinion ruling that a prison inmate had been
374 STEVENS, JOHN PAUL
APPLY LAWS THAT
HAVE NOT YET BEEN
—J OHN P AUL
S TEVENS
Trang 8subjected to CRUEL AND UNUSUAL PUNISHMENT in
violation of theEIGHTH AMENDMENTwhen prison
guards handcuffed him to a hitching post as
punishment for disruptive behavior, even
though the inmate had already been subdued
Stevens said that the prison guards knowingly
subjected the inmate to a substantial risk of
physical harm, to unnecessary pain caused by
the handcuffs, to unnecessary exposure to the
heat of the sun, to prolonged thirst and
taunting, and to a deprivation of bathroom
breaks that created a risk of particular
discom-fort and humiliation
That same year Stevens also wrote a 6–3
majority opinion ruling that the execution of
mentally retarded criminals violates the Eighth
Amendment’s guarantee against cruel and
unusual punishment ATKINS V VIRGINIA, 536
U.S 304, 122 S Ct 2242, 153 L Ed 2d 335
(2002) Citing“evolving standards of decency,”
Stevens said that his decision was informed by
the consensus reflected in deliberations of the
American public, legislators, scholars, and
judges that have taken place over the thirteen
years since Penry v Lynaugh, 492 U.S 302, 109
S Ct 2934, 106 L Ed 2d 256 (1989) In Penry,
the Supreme Court held that two state statutes
prohibiting the execution of the mentally
retarded, even when added to the fourteen states
that had rejectedCAPITAL PUNISHMENTcompletely,
did not provide sufficient evidence of a national
consensus In Atkins, though, Stevens
empha-sized that sixteen additional states had passed
laws barring execution of the mentally retarded
since the Penry decision was handed down
Stevens surprised many observers with his
dissenting opinion in Kyllo v United States, 533
U.S 27, 121 S Ct 2038, 150 L Ed 2d 94
(2001), where five justices found that the use of
a thermal-imaging device aimed at a private
home from a public street to detect relative
amounts of heat within the home constituted a
“search” within the meaning of the FOURTH
presumptively unreasonable without a warrant
Justice Stevens argued that thermal imaging did
not constitute a Fourth Amendment search
because it detected only heat radiating from the
external surface of the house
Stevens surprised no one with his dissenting
opinion inBUSH V.GORE, 531 U.S 98, 121 S Ct
525, 148 L Ed 2d 388 (2000), however,
where seven justices concluded that the
process devised by the Florida Supreme Court
to recount the popular vote in the 2000 presidential election violated the EQUAL
Only five justices agreed that there was insuffi-cient time to fashion a remedy that would fairly and lawfully allow the votes of Florida residents to be accurately counted for either presidential candidate As a result, the nation’s high court effectively ordered the Florida recount to stop, which meant that GEORGE W
BUSHwould become the forty-third president of the United States
In his dissenting opinion, Justice Stevens argued that the Equal Protection Clause does not limit the states’ power to design their electoral processes—including substantive stan-dards for determining whether a vote had been legally cast Consequently, Stevens believed that the U.S Supreme Court should have deferred
to the Florida Supreme Court’s interpretation
of those standards and allowed the recount to continue Under the majority’s own reasoning, Stevens wrote, the appropriate course of action would have been to remand the case so the Florida high court could establish more specific procedures for implementing the legislature’s uniform general standard of“voter intent.” But
in “the interest of finality,” Stevens continued,
“the majority effectively orders the disenfran-chisement of an unknown number of voters whose ballots reveal their intent—and are therefore legal votes under state law—but were for some reason rejected by ballot-counting machines.”
In one of his most significant decisions, Hamdan v Rumsfeld (2006), Stevens held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lacked “the power to proceed because [their] structures and procedures violate both
four Geneva Conventions signed in 1949.” He concluded his 72-page majority opinion with the statement that “the Executive is bound to comply with theRULE OF LAWthat prevails in this jurisdiction.”
Justice Stevens, age 90, announced in April
2010 that he would retire at the end of the Supreme Court’s term in June 2010
FURTHER READINGS Jost, Kenneth 1996 The Supreme Court Yearbook 1995–96.
Washington, D.C.: Congressional Quarterly.
Trang 9Manaster, Kenneth A 2001 Illinois Justice: The Scandal of
1969 and the Rise of John Paul Stevens Chicago: Univ of Chicago Press.
Sickels, Robert J 1988 John Paul Stevens and the Constitu-tion: The Search for Balance University Park: Pennsyl-vania State Univ Press.
vSTEVENSON, ADLAI EWING Adlai Ewing Stevenson was a lawyer, statesman, and unsuccessful DEMOCRATIC PARTY candidate for the presidency in 1952 and 1956 An eloquent and witty speaker, Stevenson served
as chief U.S delegate to the UNITED NATIONS
during the Kennedy administration
Stevenson was born on February 5, 1900, in Los Angeles, California, and moved with his family to Bloomington, Illinois, in 1906 After high school, he attended The Choate School, a prepatory school where he acted as editor-in-chief of the school’s paper, The News In 1918 Stevenson joined the U.S Navy, although he did not take part inWORLD WAR I
Stevenson attended Princeton University, where he was a member of the Phi Delta Theta fraternity and the managing editor of The Daily Princetonian After receiving his degree in 1922,
he briefly attended Harvard Law School but withdrew after failing multiple classes
Stevenson became interested in law again after talking to Supreme Court Justice Oliver Wendell Holmes Jr Returning home to Bloomington, Stevenson decided to go back to school and obtain his law degree Stevenson received his LL.B from Northwestern University School of Law in 1926 and was admitted to the Illinois bar He joined the firm of Cutting, Moore, and Sidley, a conservative firm in Chicago In 1928,
Stevenson married Ellen Borden, and the couple soon became familiar faces within Chicago’s social scene
By the early 1930s Stevenson had set his sights on public service, following the course of his grandfather, Adlai E Stevenson, who was vice president of the United States during the administration of President GROVER CLEVELAND
(1893–1897) Stevenson joined the NEW DEAL
administration of PresidentFRANKLIN D.ROOSEVELT
in 1933, serving as special legal adviser to the Agricultural Adjustment Administration In
1934, he became general counsel for the Federal Alcohol Bureau
Though Stevenson returned to his Chicago law practice in 1934, he remained an active civic leader He headed the Chicago Bar Association’s
the Chicago chapter of the Committee to Defend America by Aiding the Allies This committee, composed of prominent business and civic leaders, worked to overcome U.S isolationist foreign policy and provide aid to Great Britain and France at the beginning of
WORLD WAR II Stevenson rejoined the Roosevelt adminis-tration in 1941 as special assistant to the secretary of the Navy, and in 1943 he led a mission to Italy to establish a U.S relief program In 1945 Stevenson moved to the
participant in the establishment of the United Nations (U.N.) He was senior adviser to the U.S delegation at the first meeting of the U.N General Assembly in London in 1946 and was a U.S delegate at meetings of the assembly in New York in 1946 and 1947
Adlai Ewing Stevenson 1900–1965
❖
1900 Born, Los Angeles, Calif.
1893–97 Stevenson's grandfather, Adlai E Stevenson, served
as vice president under President Grover Cleveland
1914–18 World War I
◆
1926 Admitted
to Illinois bar
1933–34 Served as legal counsel for the Agricultural Adjustment Administration and Federal Alcohol Bureau
1939–45 World War II
1941–45 Served as special assistant
to the secretary
of the Navy
◆
1945 Helped establish United Nations 1946–47 Served as U.S delegate to U.N assembly
1950–53 Korean War
1948–52 Served as governor of Ill.
1961–73 Vietnam War
1965 Died, London, England
1960 Appointed ambassador to the U.N.
1959 Friends and Enemies published
1952 & 1956 Ran unsuccessfully for president
1954 A Call to Greatness published
REPUBLICAN
GOVERNMENT IS NOT
—A DLAI S TEVENSON
376 STEVENSON, ADLAI EWING
Trang 10In 1948 Stevenson returned to Illinois and
ran as the Democratic candidate for governor
He was elected by the largest majority ever
recorded in the state He proved an effective
chief executive, revitalizing the CIVIL SERVICE,
establishing aMERIT SYSTEMfor the hiring of state
police, improving the care of patients in state
mental hospitals, and increasing state aid to
public education
When PresidentHARRY S.TRUMANannounced
that he would not seek reelection in 1952,
Democratic leaders urged Stevenson to seek the
nomination Although Stevenson declined to
campaign for the nomination, the 1952
Demo-cratic National Convention in Chicago drafted
him as their presidential candidate Stevenson
ran a vigorous campaign but proved no match
for the Republican candidate and popular war
hero, GeneralDWIGHT D.EISENHOWER Eisenhower
easily defeated Stevenson in 1952 and again in
1956
Stevenson spent the 1950s practicing law in
Chicago and serving as a spokesperson for the
Democratic Party At the 1960 Democratic
National Convention in Los Angeles, a small
group of liberals again sought to draft Stevenson
for president The effort failed and SenatorJOHN F
Kennedy appointed Stevenson U.S
ambas-sador to the United Nations and gave him
cabinet rank Stevenson was deeply
disap-pointed, however, believing he was the
best-qualified person to serve as SECRETARY OF STATE
Despite his disappointment, Stevenson carried
out his role at the United Nations with
distinction
In April 1961, Stevenson suffered what
some say was the lowest point of his career
After the invasion of Fidel Castro’s forces at
the Bay of Pigs, Stevenson denied claims that
the attack was led by the CIA, believing that the
anti-Communist forces were financed by Cuban
émigrés Once Stevenson learned that he had
been deceived, as the CIA did in fact fund the
attack, he contemplated resigning his
ambassa-dorship but was deterred from doing so
During the CUBAN MISSILE CRISIS of October
1962, Stevenson had a dramatic confrontation
with the Soviet Union’s delegate, Valerian
Zorin, regarding the installment of Soviet
missiles in Cuba Stevenson had asked Zorin if
there were missiles in Cuba, and when Zorin
refused to reply, Stevenson rebutted that he was
prepared to wait“until Hell freezes over” for an answer to his question Stevenson then dis-played photographs that revealed the presence
of such missiles, just after the Soviet ambassa-dor implied that they did not exist Stevenson died on July 14, 1965, in London, England
FURTHER READINGS Broadwater, Jeff 1994 Adlai Stevenson and American Politics: The Odyssey of a Cold War Liberal New York:
Twayne.
Martin, John Bartlow 1977 Adlai Stevenson and the World.
Garden City, N.Y.: Doubleday.
——— 1976 Adlai Stevenson of Illinois: The Life of Adlai Stevenson Adlai Stevenson and the World Garden City, N.Y.: Doubleday.
Stevenson, Adlai E 1972 –79 The Papers of Adlai E.
Stevenson Ed by Walter Johnson Boston: Little, Brown.
vSTEWART, POTTER
As an associate justice from 1958 to 1981, Potter Stewart charted a middle course during a vigorous era on the U.S Supreme Court Before his appointment to the Court by President
served in local government in his native Cincinnati, Ohio, and sat on the Sixth Circuit Court of Appeals from 1954 to 1958 He joined the Supreme Court during a period when the Court was changing the social and political landscape by extendingCIVIL RIGHTSand liberties under Chief Justice EARL WARREN, yet Stewart remained a moderate during his 23-year tenure
Pragmatism, unpredictability, and plainspoken opinions were his hallmarks His penchant
Adlai Stevenson LIBRARY OF CONGRESS
DEMANDS MORE THAN JUST
—P OTTER S TEWART STEWART, POTTER 377